News & Media

Federal Court update - appeals process

By: Mick Bourke

  1.39 PM 12 August, 2014

Views: 1517

Tomorrow the Federal Court will consider appeals from the United Firefighters (UFU) and CFA relating to the case heard in April 2013.

The court handed down its decision in January which reaffirmed CFA's powers to manage its own staffing requirements, including the number of staff we recruit and train and where they are located.

This Federal Court action was initiated by the UFU, which alleged that CFA had breached the 2010 Operational Staff Agreement by postponing some of its recruit courses.

CFA argued that this section of the agreement was unenforceable and unlawful. As part of its defence, CFA called upon a legal precedent which protects the state's right to determine the number, identity and appointment of public sector employees.

The Federal Court found in CFA's favour and we welcome this decision.

The UFU has now appealed this aspect of the decision to the Full Court of the Federal Court and it's unlikely that there will be a decision on the appeal before the end of this year.

CFA has also lodged a cross appeal about other aspects of the Federal Court decision, which include the dispute and consultation provisions which restrict the ability of the Chief Officer to exercise his duties. These provisions will remain the same in the meantime.

We will keep you informed of the outcome and continue communicating directly with our operational staff through the Ops Agreement Updates.

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Last Updated: 10 December 2015