Bulletin No: 122 Volume: 24 Tuesday 31 July 2018
TO: UFU Members covered by MFB and CFA Operational Staff Agreements
UPDATE TO MEMBERS COVERED BY MFB AND CFA OPERATIONAL STAFF AGREEMENTS
- The following Bulletin is an update to members regarding common law deeds
- Members are respectfully advised to read the UFU Bulletin #118 (published 12 July 2018) for context prior to reading this Bulletin: https://www.ufuvic.asn.au/bulletin/ufu-bulletin-118-mfb-and-cfa-staff-update-on-the-important-matter-that-your-employer-can-easily-resolve/
COMMON LAW DEEDS
Members are advised that the UFU is currently pursuing common law deeds in accordance with past custom and practice, and agreement with the Government.
Unfortunately, both fire services (MFB and CFA) refuse to commit to a common law deed in accordance with custom and practice.
As advised in Bulletin #118, members would be aware that common law deeds underpin and secure all of your conditions of employment that are contained in the respective Enterprise Agreements.
Without common law deeds in place, the MFB and CFA conditions of employment as contained in the Enterprise Agreements are extremely vulnerable to being unilaterally removed or abolished. The UFU has explained this to both the MFB and CFA and we are disappointed that your employers have refused to honour the custom and practice and agreement of signing the deeds.
As outlined in Bulletin #118:
- The CFA and MFB Operational Staff Agreements are certified and enforceable through the Fair Work Commission – the Federal jurisdiction.
- The Deeds contain the same terms and conditions but are enforceable in the Supreme Court – the State jurisdiction.
The Deeds (which operate in the State jurisdiction) provide a safety net for your Enterprise Agreements (which operate in the Federal jurisdiction). Therefore, if something is removed from your Enterprise Agreement in the Federal jurisdiction, it is caught by the ‘safety net’ that is the common law deed in the State jurisdiction.
Further information and clarification will be issued to members shortly.
Strength in Unity
READ OUT AT MUSTER AND PIN ON NOTICE BOARD
Authorised by Peter Marshall, Branch Secretary