By Jesse Graham
PRIME Minister Malcolm Turnbull has announced changes to the Federal Fair Work Act in a Yarra Valley door-stop, responding to the EBA debate between the Victorian Government and the CFA.
Mr Turnbull visited the Coldstream Fire Station with Employment Minister Michaelia Cash on Monday 22 August to announce that an amendment to the Fair Work Act would be introduced to parliament next week.
The amendment will add an “objectionable clause” to a list in the legislation, meaning any enterprise bargaining agreement clauses that “undermines or limits” firefighting or state emergency services’ abilities to manage volunteers would be unlawful.
“We will ensure that the federal legislation, which any agreement has to comply with, ensures, determines that your position cannot be undermined in the way that has been contemplated and proposed by the Andrews Government,” Mr Turnbull said.
A large group of firefighters from the Yarra Valley and Dandenong Ranges attended the announcement, packing the meeting room of the fire station and cheering when the Prime Minister made the announcement.
Gruyere firefighter Don Bigham and Hillcrest CFA captain Fiona Burns were two representatives of the firefighters who addressed the crowd, along with Casey MP Tony Smith and Victorian Opposition Leader Matthew Guy.
Mr Bigham, who started at the brigade at the age of 16, said the volunteers did not want to get involved in the EBA dispute.
“The EBA should be between an employee and the employer; their monies? We’re not interested in them. That’s their business and their entitlement, and good luck to them … we just don’t want to be interfered with,” he said.
“We are volunteers and, yes, we go from all aspects. The lightest one I’ve ever done is rescue a cockatoo – important for the victim; the biggest one I’ve ever done is Ash Wednesday – important for the victims.
“We see this as our Ash Wednesday, because Ash Wednesday … was beaten by mankind – 100,000 stood the line. This is our current Ash Wednesday and, by God, we’ll win it.”
Ms Cash said the amendment to the Fair Work Act would not be retrospective, and that the draft legislation had been publicly released.
Victoria Fire Brigades Victoria CEO Andrew Ford welcomed the announcement, and said the amendment would fix an “anomaly” in federal law that allow EBAs for paid emergency services workers to have clauses that override state laws, such as the CFA Act.
Mr Turnbull said the current EBA, which will be discussed in the Supreme Court next month, would “demoralise” volunteers, and lead to fewer people joining the CFA.
Emergency Services Minister James Merlino said the Government had not been briefed on the Fair Work Act amendment, but that the change was unnecessary.
“The proposed enterprise agreement has a specific clause that protects the role of our volunteers, the vital role that our volunteers play in communities right around Victoria,” he said.
“The Prime Minister made this announcement at District 13 – District 13 is one of the most fire prone areas in the world. Under the agreement, there will be 25 additional career firefighters protecting the community of District 13.”
He said that Victorian Government officials had been briefed on the amendment on Monday by their federal counterparts, and that he would receive advice on any effect it may have.
“We’ll deal with federal legislation if and when it becomes legislation,” Mr Merlino said.
“I won’t deal in hypotheticals – we’ll see what happens with this proposal.”
United Firefighters Union secretary Peter Marshall said the announcement was “all spin and no substance”.
“Turnbull and Cash’s actions are a disservice to volunteer and career firefighters alike,” Mr Marshall said.
“Career firefighters are putting their best foot forward and want a resolution and an enterprise deal.”
Federal Parliament will sit on Tuesday 30 August, and Ms Cash said the legislation would be introduced “as a matter of priority”.
For more photos from the announcement, visit mailcommunity.com.au.
To view the draft legislation, visit www.employment.gov.au/emergencyservicesbill.
