Senate debates

Monday, 10 October 2016

Bills

Fair Work Amendment (Respect for Emergency Services Volunteers) Bill 2016; In Committee

8:08 pm

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Minister for Women) Share this | Hansard source

Thank you, Senator Rhiannon, for those questions. Perhaps, though, the better way for you to have started your line of questioning and your comments in relation to this bill would have been by at least disclosing the relationship that United Firefighters Union has with the Australian Greens. I expect it is one of the reasons that you are obviously well and truly behind Peter Marshall and the United Firefighters Union.

Perhaps I could, for the benefit of those who are listening in—it does not appear to be too many tonight because we are not broadcasting—and for the Hansard, just make sure that people understand why you are standing there articulating the comments you have made on behalf of, quite literally, Peter Marshall and the United Firefighters Union. If I could just quote from an article in The Sydney Morning Herald from 21 June 2013—so we have a long history here. It is a long history, not a short one. It is a nice long history here. The article's title says 'Firefighters union backs Bandt'. Then there is a lovely photo—unfortunately the Senate cannot see this photo, but I will describe it for you—that says, 'Firefighters union head Peter Marshall says the union will back Greens candidate Adam Bandt'. There is a nice photo of Peter Marshall. The article then goes on to say:

The vocal firefighters union is backing Greens MP Adam Bandt for re-election at the September ballot, joining the National Tertiary Education Union in supporting the party's sole lower house member.

The United Firefighters Union supported Mr Bandt—

low and behold—

at the 2010 election when he first seized Melbourne from Labor's grasp.

UFU national secretary Peter Marshall – who is a member of the Australian Council of Trade Union executive – said Mr Bandt had been a loyal advocate of firefighters as well as—

oops, here we go—

being the union's lawyer for a decade.

So, Senator Rhiannon, perhaps before you made the comments that you made tonight, going in to back the United Firefighters Union—as you have every right to do, but at the expense of men and women sitting in the gallery tonight who have, for decades, put their lives on the line for the people of Victoria—you could have been honest and disclosed the relationship the Australian Greens has with Peter Marshall and the United Firefighters Union.

In relation to your comments on Commissioner Roe: throughout May 2016 Fair Work Commissioner Roe, who himself is a former Australian Manufacturing Workers' Union official, conducted a conciliation with the CFA and the union over the proposed enterprise agreement. CFA volunteers tried to be represented at these proceedings so that they could put their concerns on record—one might think that is completely reasonable given the nature of their concerns—however, Commissioner Roe determined that the volunteers did not have sufficient standing to be heard. At the end of these proceedings, Commissioner Roe issued a non-binding recommendation—non-binding, Senator Rhiannon—in which he expressed the view that the proposed agreement would only apply to paid professional firefighters and that it would not apply to volunteer firefighters or affect their role. Again, Senator Rhiannon, I reiterate: this was a non-binding recommendation.

You may be aware, Senator Rhiannon, that the former CFA board—they of course were the CFA board that stood up, articulated the concerns that they had with the clauses in the agreement—rejected the recommendation put forward by Commissioner Roe because it had no impact on and did not override the many specific clauses in the agreement that they had concerns with. The clauses that were of concern to the then CFA board, the CFA board that was sacked for articulating its concerns, are still in the agreement being proposed by the CFA—the CFA that is now there at the behest of Daniel Andrews, the government's CFA—and the United Firefighters Union, with which, as you know, the Greens have a very, very strong relationship.

You also mentioned, I think, clause 83.4, which went to the uniforms et cetera. Again, the concerns that the volunteers have is that the CFA and the United Firefighters Union must agree on all aspects of the following: at clause 83.4.1, 'articles of clothing'; at clause 83.4.2, 'equipment, including personal protective equipment'; and then it goes on to 'technology', 'station wear' and 'appliances'. Again, the very simple question is: why? Why does the agreement dictate that the CFA, who is responsible for the volunteers, has to come to an agreement with the union in relation to, for example, these items?

Senator Rhiannon, before the dinner break—I am not sure if you were in the chamber at the time—I read out a number of concerns that the Chief Officer of the Metropolitan Fire and Emergency Services Board, Peter Rau, had in relation to their requirement to consult with the union and get agreement. He had written to the relevant minister, James Merlino, and clearly stated, 'I'm drawing your attention to some examples under the current MFB enterprise agreement that have led to unacceptable situations,' and those unacceptable situations were because they had to consult with the union and the union had taken their time or not given their consent.

Senator Rhiannon, just like Senator Cameron and me, we are going to have to agree to disagree in relation to the impact of these clauses on the agreement. But one thing you said that I will pick up is that you talked about a wedge between the paid firefighters and the volunteer firefighters. The CFA Act in Victoria specifically provides that the volunteer firefighters are supported by the paid firefighters. Senator Rhiannon, I have not come across any volunteer firefighters who have an issue with paid firefighters. I can assure you that no volunteers have an issue with paid firefighters. They have no issues at all about the pay that the firefighters will be getting under the agreement. They want to continue, as they have done for decades, to work alongside the paid firefighters, to work in tandem and in a constructive manner with them. The only people putting a wedge, and a deliberate wedge, between the paid firefighters and the volunteer firefighters are Daniel Andrews, the Premier of Victoria, and Peter Marshall, the former boss of Adam Bandt, who is your member in the other place. They are the only people putting a wedge between the volunteers and the paid firefighters.

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