The Victorian Independent Broad-based Anti-corruption Commission’s (IBAC) eight-year investigation into the United Firefighters Union (UFU) found no corruption.
However, the report released on August 5 criticised the union over an enterprise agreement (EA) it signed with the Victorian government in 2016, giving The Age incentive to run a series of attack articles.
The UFU had been campaigning in 2016 for a new EA covering firefighters employed by the Country Fire Authority (CFA).
CFA management, supported by then-emergency services minister Jane Garrett, had been intransigent and negotiations with the UFU had dragged on. The main disagreement was consultation. The union wanted the EA to require management to consult firefighters about a range of safety issues before it took decisions. They included minimum staffing levels, rosters, uniforms and equipment.
Daniel Andrews, then-Victorian Labor Premier, bypassed Garrett to reach an agreement with the UFU, including the consultation provisions sought by the union in the CFA enterprise agreement.
The establishment media viewed this as giving the union veto power over management decisions — which was not the case. Disputed issues could be taken to the Fair Work Commission (FWC) for arbitration. The requirement to consult the union was a limit on CFA management’s absolute power.
The negotiations between Andrews and the UFU were criticised by the IBAC as “contrary to established policies, procedures, codes of conduct and conventions”. The Age has tried to scandalise this departure from normal protocol.
The unusual way in which the agreement was negotiated only came about due to CFA management’s resistance to an agreement that would protect UFU members’ right to be consulted on their safety, staffing levels, equipment, uniforms and rosters.
However, IBAC was so concerned about the violation of “normal procedure”, it launched an investigation and used its coercive powers in an attempt to find evidence of corruption.
UFU secretary Peter Marshall said on August 5 he felt vindicated, but that the investigation had taken its toll.
“IBAC has … combed meticulously through millions of our files, it used secret telecommunication intercept powers to tap our phones and it compulsorily examined myself and many others. And after doing all of that, on the taxpayer bill, [it] … expressly concludes as follows: ‘IBAC did not find corrupt conduct’.
“As I have said all along, I have not engaged in any corrupt conduct, and IBAC has confirmed that on two occasions now.
“I feel it has been extremely unfair that I have had to have my name and that of the UFU regularly reported publicly by the media in connection with this purported corruption investigation ... especially in circumstances where I was prevented by IBAC from responding publicly to it and where I am now cleared of any corruption.
“I feel vindicated by both outcomes, but very disappointed by the damage to my reputation caused by this failed investigation and the constant leaks arising from it.”
Marshall said he will continue to “represent firefighters of this state to the best of my ability” and “ensure that firefighters’ health and safety is protected and prioritised”.
“We do all we can to ensure that our firefighters make it home to their families after each shift, that firefighters get appropriately rewarded for risking their lives every day to save others, and that we have the best fire service for the state of Victoria.”
Despite the outcome, Geoffrey Watson, who investigated the Construction Forestry and Maritime Employees' Union, has called on the FWC to remove Marshall from his position — a move that would deny union members the right to elect their own leadership.
Meanwhile, negotiations for a new enterprise agreement for Fire Rescue Victoria (FRV) drag on. Once again, consultation with the union is in dispute between the UFU and FRV management.