BULLETIN

Bulletin No:          021                                      Volume:  20                        Thursday 30 January 2014

To ALL UFU MEMBERS

MINIMUM STAFFING & 342

ADDITIONAL FIREFIGHTERS

FEDERAL COURT CASE

DECISION TOMORROW

  1. Members are reminded that the CFA agreed to an increase of an extra 342 firefighters consisting of at least 90 recruits per year.  This increase was enshrined in your current CFA UFU Operational Staff Agreement 2010. Additionally, the UFU also enshrined this agreement in a common law Deed enforceable in the Supreme Court of Victoria, as a safety net.

  1. Despite the CFA having agreed to include this increase as part of the resolution of the Agreement, the CFA under the Napthine Government reneged on the increased number of firefighters and argued against their own agreement saying that the clause was unenforceable and therefore they were not bound by it.

  1. As a result of the obvious disingenuous/duplicitous/untruthful conduct in industrial relations, the UFU commenced legal proceedings in the Federal Court to enforce the agreement that CFA had reneged.

  1. The matter was heard by Justice Murphy in the Federal Court in April 2013.  Justice Murphy reserved his decision.

  1. We have been notified by the Federal Court that Justice Murphy intends to hand down his decision at noon tomorrow.  Irrespective of the decision, we expect that this is just the first of a long legal process which may include appeals and a final hearing in the High Court of Australia.

  1. The UFU’s legal team is confident of our grounds to enforce the enterprise agreement and in addition we have the protection of the common law Deeds, which the CFA have not challenged in the relevant jurisdiction.

  1. Delegates have been briefed as to tomorrow’s anticipated events. The UFU has out in place a strategy inclusive of the Australian Council of Trade Unions, Victorian Trade Hall Council and liaising with other public sector unions that may be affected by the implications of the decision.

We will keep all members informed.

Strength in Unity

READ OUT AT MUSTER AND PIN ON NOTICE BOARD

Authorised by Peter Marshall, Branch Secretary