Bulletin No: 005 Volume: 21 Thursday 8 January 2015
To ALL UFU MEMBERS
FURTHER DETAIL RE FEDERAL COURT CASE MAJOR WIN FOR UFU
In a significant decision handed down today by the Federal Court, the UFU has won all points in both the appeal filed by it and that filed by the CFA. This has overturned the Federal Court decision which found the minimum staffing clauses in the CFA UFU Operational Staff Agreement 2010 were invalid and unenforceable due to constitutional reasons.
The decision has been uploaded to the UFU website and is accessible by following this link: http://ufu.io/rVph
The CFA’s efforts in trying to break the UFU and force it to spend $100,000’s on legal fees has ended in the CFA losing on all points.
Not one of its arguments succeeded.
The Full Bench of the Federal Court decision of Justice Perram, Justice Robertson and Justice Griffiths was handed down on 8 January 2015 and found that the:
· safe staffing/342 additional firefighters/90 recruits/variation of minimum staffing chart clauses (particularly clause 27) were valid and enforceable;
· classifications and no contracting out clause (clause 26) was valid and enforceable; and
· lateral entry clauses (clauses 28 and 122) were valid and enforceable.
The Full Bench also upheld the decision of Justice Murphy that:
· Clauses 13, 14 and 16 (consultation clauses) were valid and enforceable;
· Clause 15 (dispute resolution clause) was valid and enforceable; and
· Clause 38.3 (allowance clause in the context of Reserved Matters) was valid and enforceable.
This means that the 2010 agreement is valid in its entirety.
Further, a number of other matters will be affected by this decision, regarding which the UFU will provide further advice to members shortly.
Strength in Unity
READ OUT AT MUSTER AND PIN ON NOTICE BOARD
Authorised by Peter Marshall, Branch Secretary