Bulletin Number: 74 Volume: 20 Friday the 28th of March 2014
MFB application to abolish MFB Operational Staff Agreement and ACFO Agreement 2010
Today, Friday the 28th of March, without notice, the MFB applied to the Fair Work Commission to abolish the enterprise agreement that contains the majority of your conditions of employment that you currently enjoy.
The MFB will attempt to confuse you by suggesting that your conditions of employment will be contained in the Firefighting Industry Award 2010 if they are successful in abolishing your enterprise agreement.
You need to be aware that the award that the MFB are referring to is an industrial instrument that contains the minimum conditions of employment that were established many years ago and are the bare minimum that is required by law.
The MFB Award was first established in 1993. Your enterprise agreement has consecutively built upon the bare minimum conditions contained in the 1993 Award and has accumulated into the current employment conditions that you enjoy today.
In short, all of the conditions that you currently have are contained in the enterprise agreement, not the Award. This enables you to provide for your family in a meaningful way and if the enterprise agreement is removed many of the conditions you currently entitled to will not continue to exist.
The following is a list of conditions that are contained in your enterprise agreement but will be removed if the MFB are successful in their application:
PART A – CONDITIONS APPLYING TO ALL EMPLOYEES
A1 – APPLICATION, OPERATION AND STRUCTURE
4. DATE AND PERIOD OF OPERATION
6. APPLICATION OF AGREEMENT AND PARTIES BOUND
7. STRUCTURE AND APPLICATION OF AGREEMENT
8. RELATIONSHIP TO PARENT AWARD AND CERTIFIED AGREEMENTS
11. VARIATION OF AGREEMENT
12. FLEXIBILITY CLAUSE
A2 – CONSULTATION, CHANGE AND EXTRA CLAIMS
13. CONSULTATIVE PROCESS
14. Operation of Consultative Committees
15. Introduction of change
16. CONTINUOUS IMPROVEMENT
17. TECHNOLOGICAL CHANGE
18. CONDITIONS FOR EMPLOYEES PARTICIPATING IN CONSULTATION ETC
19. DISPUTE RESOLUTION
20. Consultation Officer & disputes regarding consultation and change
21. FAIRER VICTORIA REGIONS
22. BUSHFIRES ROYAL COMMISSION REPORT
23. NO EXTRA CLAIMS
A3 – EMPLOYMENT RELATIONSHIP
24. WORK ORGANISATION
25. ALTERNATE DUTIES
26. COUNSELLING AND DISCPLINE
27. TERMINATION OF EMPLOYMENT
28. EMPLOYEE ACTIVITIES
29. EMPLOYEE REPRESENTATION
30. MFESB POLICIES
31. TRANSMISSION OF BUSINESS
A4 – STAFFING LEVELS, ACTIVITIES AND ROSTERS
32. MAINTENANCE OF CLASSIFICATIONS
33. SAFE STAFFING LEVELS
34. FIREFIGHTER SAFETY, EDUCATION AND INJURY PREVENTION
35. SPECIAL OPS DEPLOYMENT
36. CREWING APPLIANCES AND STATIONS
38. OCCUPATIONAL HEALTH AND SAFETY
39. REST PERIOD AFTER OVERTIME
A5 – WAGES, ALLOWANCES AND REMUNERATION
40. WAGE INCREASES
41. SALARY PACKAGING
44. HEALTH OF EMPLOYEES
45. DISABILITY INSURANCE COVER
46. EMPLOYEE HEALTH
47. REGISTRY OF ATTENDED CALLS AND EXPOSURE
48. PAYMENT OF OVERTIME
49. JOURNEY ACCIDENT COVER
A6 – TYPES OF LEAVE
51. PERSONAL LEAVE
52. IMMEDIATE FAMILY OR HOUSEHOLD
53. SICK LEAVE
54. CARER’S LEAVE
55. ACCIDENT PAY
56. SPECIAL SICK LEAVE – ARMED FORCES/COMPULSORY HOSPITALISATION
57. BEREAVEMENT LEAVE
58. RECREATION LEAVE
59. LONG SERVICE LEAVE
60. WORKING & SICK LEAVE WHILE ON OTHER LEAVE
61. INDUSTRIAL TRAINING LEAVE
62. STUDY LEAVE
63. DEFENCE FORCE LEAVE
64. JURY SERVICE
65. LEAVE WITHOUT PAY
66. PRESSING NECESSITY LEAVE
67. PARENTAL LEAVE
PART B – CONDITIONS APPLYING TO FIREFIGHTERS, STATION OFFICERS, SENIOR STATION OFFICERS AND COMMANDERS
68. APPLICATION OF PART B
B1 – CLASSIFICATIONS, CAREER PATHS AND OPPORTUNITIES
70. CAREER PATHS AND OPPORTUNITIES
74. MAINTENANCE OF CLASSIFICATIONS
B2 – ROSTERS, STAFFING AND WORK ACTIVITIES
75. HOURS OF WORK
76. ROSTER OF HOURS
77. 10/14 ROSTER SYSTEM
78. 10/14 Shifts
79. MEAL BREAKS
80. OVERTIME, RECALL AND RENTENTION
81. ROSTERING PENALTIES
82. ROSTERING ARRANGEMENTS AND PROCEDURES
83. REST AND RECLINE
84. SPECIAL ADMINISTRATIVE DUTIES
85. EMERGENCY RESPONSE OUTSIDE METROPOLITAN FIRE DISTRICT
86. ATTENDANCE MANAGEMENT
87. EMERGENCY MEDICAL RESPONSE (EMR)
88. UNIFORMS AND EQUIPMENT
89. EMAIL ACCESS
91. OPERATIONAL SUPPORT GROUP
93. COMMUNITY SAFETY
94. SPECIALIST COURSES
95. SKILLS MAINTENANCE FOR DAY WORKERS
B3 – WAGES, ALLOWANCES AND OTHER REMUNERATION
98. HIGHER DUTIES
99. LONG HOURS ASSISTANCE
PART C – CONDITIONS APPLYING TO FSCC’S
100. APPLICATION OF PART C
103. WAGE RATES
104. FSCC COORDINATION ALLOWANCE
105. ORDINARY HOURS OF WORK
106. ROSTER OF HOURS
108. OVERTIME, RECALL AND RETENTION
109. ROSTERING ARRANGEMENTS AND PROCEDURES
110. REST AND RECLINE
111. RECREATION LEAVE
112. CAREER PATHS AND OPPORTUNITIES
113. WORK LOCATION AND DUTIES FOR FIRE SERVICE COMMUNICATION CONTROLLERS
114. HIGHER DUTIES
116. MAINTENANCE OF CLASSIFICATIONS
The MFB have sought to remove your current conditions of employment via enterprise bargaining which commenced in 2013. They wanted to remove minimum staffing and other provisions that provide you with protection.
The MFB have been unable to remove your conditions through this process as the only way they can achieve this is if you agree for them to be removed.
Hence, the MFB have now sought to engage in a legal manoeuvre that wipes out all of your conditions, if successful leaving you with only the bare minimum award.
The current situation despite the MFB’s application is that your conditions contained in the enterprise agreement remain until it is determined otherwise by a Court of the Fair Work Commission.
The matter has not been set down for any hearing or directions as yet.
The UFU will vigorously defend your conditions and have instructed legal counsel in this matter.
You should be extremely disappointed in the duplicitous, disingenuous and disrespectful attack on your conditions of employment. The Branch Committee of Management has convened today and a special members meeting will be scheduled in the near future we urge members to attend.
It is also worth noting that this latest attack comes on top of the MFB hiding their consultancy report which highlighted the dangers to members at the Morwell/Hazelwood fire combined with the false assertion by the MFB that the water the firefighters were using was safe.
The UFU will keep members informed of any developments.
 The MFB are separately running an argument in the Fair Work Commission to have employees covered by an inferior Award rather than the Victorian Firefighting Industry Employees Interim Award – the UFU will provide further information regarding this matter in a future update.