The Victorian premier, Daniel Andrews, has pushed through an industrial agreement that will give the United Firefighters Union more power over the Country Fire Authority, prompting the emergency services minister, Jane Garrett, to resign in protest.
Her portfolio has been given to the deputy premier, James Merlino, who has warned the CFA board to sign the pay deal before 5pm or face sacking.
Several weeks of infighting over the deal came to a head during an emergency cabinet meeting on Friday morning, when Andrews backed a union that campaigned to put him in office over a minister considered to be one of his government’s rising stars.
Garrett’s resignation was announced before the ministers left the room, and was followed an hour later by confirmation the government would use its powers under the Country Fire Authority Act to force the organisation to sign the agreement.
“Despite all concerns previously raised by Ms Garrett being addressed, she has indicated she refuses to support cabinet proposals to end the long-running dispute over the CFA enterprise agreement,” Andrews said.
Later, at a press conference in front of a wall of uniformed firefighters, Andrews said the decision to accept the agreement had been “unanimous”, with the exception of Garrett.
The announcement provoked a flurry of criticism of Andrews, and some suggested it could undermine his government’s progressive agenda.
The state opposition accused him of bullying senior women in Garrett and the CFA chief executive, Lucinda Nolan, and the Liberal MP, George Crozier, said it reflected poorly on his character.
The Victorian Farmers Federation and Volunteer Fire Brigades Victoria responded by praising Garrett as “honourable, honest and values driven”.
The VFBV is reported to have sought an urgent injunction to prevent the deal being signed.
The Victorian Farmers Federation president, Peter Tuohey, said he was “bitterly disappointed” by Garrett’s resignation and warned that Andrews risked “eroding all the good work they have done in Country Victoria if they side with the union”.
Garrett, who is also the junior national president of the ALP, tweeted that it had “been an extraordinary privilege to serve in my ministerial role which I leave with a heavy heart”.
And I look forward to continuing to serve the community as the Member for Brunswick
— Jane Garrett (@Jane_GarrettMP) June 10, 2016
The agreement provides a 19% pay rise over three years for the CFA’s 800 paid firefighters, but the organisation’s management says it will also give the union unreasonable veto powers over operational decisions and have a negative effect on its 60,000 volunteers.
It had also obtained legal advice that found 12 clauses of the proposed agreement were in violation of the state’s anti-discrimination laws.
In a statement released after a lengthy cabinet meeting on Thursday, Andrews said the government had accepted the Fair Work Commission’s recommendation and approved the deal, with minor changes that he said addressed the CFA’s concerns.
Those changes were a statement of joint intent between the CFA and the union confirming the agreement would not override the national employment standards contained in the Fair Work Act, particularly the right to request flexible working arrangements.
That is intended to cancel out those provisions of the agreement that appear to discriminate against women and people with a disability.
A second statement of joint intent said the union committed to work with the CFA to figure out how to implement the controversial rule that requires seven professional firefighters to attend all incidents.
On the CFA’s big concern, that the agreement would undermine the chief fire officer’s ability to make operational decisions during a bushfire, the government has sought a commitment from both parties that “agreement will not be reasonably withheld” on matters that require consultation.
Andrews said the dispute had dragged on for too long.
“Volunteer and career firefighters have told us they’re sick of being used as a political football – they want this fixed because they want the focus back on fighting fires and keeping their communities safe,” he said. “I’m not having this drag on for another 1,000 days – because that’s not safe, and that’s not fair.”
It is unclear what this will mean for the board and senior managers of the CFA, who said earlier this week they could not support the agreement.
On Monday, the CFA board released a statement saying the deal introduced conditions that “have no place in modern-day workplaces”. It implied board members would resign if the government attempted to force the agreement through.
The operational leaders of the organisation reinforced that position on Thursday, saying they had received legal advice there were “likely unlawful terms” in the agreement, which received the recommendation of the Fair Work Commission last week.
“Members, given the legal advice we have received, CFA remains unable to sign the proposed EBA in its current form,” the joint statement from 14 senior managers and fire controllers, including the chief executive, Lucinda Nolan; the chief fire officer, Joe Buffone; and the deputy chief fire officers John Haynes and Steve Warrington, said on Thursday.
“We have committed to you that we will approach this and all matters with transparency and openness; and we will work to ensure you are continually informed of developments. We are committed to correcting and clarifying any misinformation that may be circulating surrounding these matters.”
The associate professor Kevin Tolhurst, an expert in bushfires from Melbourne University, said the Country Fire Authority was internationally recognised as a premier firefighting organisation and drew much of that strength from its volunteers, which allowed it to respond quickly and with significant numbers to fires in remote corners of the state.
“Just from a logistical or organisational point of view, the volunteers provide a phenomenal force for Victoria that is the envy of places internationally and in some other Australian states as well,” Tolhurst said.
The CFA and the union have been contacted for comment.
