Bulletin No: 34 Volume: 20 Monday 17 February 2014
To ALL UFU MEMBERS
UFU FILES APPEAL AGAINST
FEDERAL COURT DECISION
The UFU has filed an appeal against 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 Federal Court decision of Justice Murphy was handed down on the 31st January and found that the safe staffing/342 additional firefighters/90 recruits/variation of minimum staffing chart (clause 27), classifications and no contracting out (clause 26) and lateral entry (clauses 28 and 122) were invalid and unenforceable as they impaired the capacity of a state government to determine the number and identify of employees. In doing so the Federal Court accepted the historic case Re AEU applied.
This is the only point being appealed by the UFU as Justice Murphy accepted the UFU’s case and rejected all of the other cross claims made by the CFA. In doing so His Honour found the following clauses were valid and enforceable:
Clauses 13, 14 and 16 (consultation clauses)
Clause 15 (dispute resolution clause)
Clause 38.3 (allowance clause in the context of Reserved Matters)
The UFU has been advised it has strong grounds for an appeal. The UFU’s position is that the historic case of Re AEU, does not apply in this case as the CFA and the State voluntarily entered into the enterprise agreement.
Strength in Unity
READ OUT AT MUSTER AND PIN ON NOTICE BOARD
Authorised by Peter Marshall, Branch Secretary