Bulletin No: 081 Volume: 20 Monday 14 April 2014
FOR FULL BENCH
DENIED BY FAIR WORK
Today Fair Work Commission President Ross refused MFB’s application to have a Full Bench hear and determine the termination of the MFB operational staff agreements case.
Acting Chief Officer Peter Rau, Acting CEO Russell Eddington, Acting Leading Executive in charge of enterprise bargaining Paul Stacchino and former UFU President DCFO David Youssef’s attempt to have your terms and conditions removed by a decision of a Full Bench has failed.
The MFB have applied to have the MFB UFU Operational Staff Enterprise Agreement and the ACFO Enterprise Agreement terminated on the grounds they are is “unworkable” and contain “unpermitted” matters despite having negotiated, agreed and signed such agreements.
Additionally the MFB actions are contradictory to their application in Fair Work Commission, as the MFB Board and MFB Executive Committee endorsed the above Agreements and underpinned such endorsement with the following statement signed by MFB CEO at the time:
“The new agreement delivers not only industrial harmony not seen here in recent years, but also opportunities for firefighters in terms of their career paths and structures…But this agreement is more than a pay rise. It is a foundation for the future that heralds a new perspective on firefighting as a career”
Despite the above statements the MFB have filed to set aside the very agreement that they spoke about in such glowing terms.
And to further compound the duplicity the MFB then applied to have a Full Bench of the Fair Work Commission arbitrate the matter as opposed to usual practice of one Commissioner.
Today President Ross released a decision refusing the MFB’s application to have a Full Bench hear the matter as he was not satisfied that to do so would be in the public interest.
President Ross also refused the MFB’s alternative argument to use his discretion to have the matter determined by the Full Bench but with a single Commissioner hearing the evidence from the witnesses.
The matter is now to be referred to a single Commissioner to hear the matter and dates are yet to be set down.
The UFU again reiterates its concern regarding fire service levy funding being used without accountability by the MFB to litigate to undo agreements they willingly entered into.
Strength in Unity
READ OUT AT MUSTER AND PIN ON NOTICE BOARD
Authorised by Peter Marshall, Branch Secretary