2015 UFUQ YEAR IN REVIEW

2015 was marked with a number of wins for firies across . After three years of unrelenting attacks, we gained some important ground in terms of workers compensation, award conditions and workplace health and safety.

Election and New Minister

The State election in January saw a change of state For most of this year, Jo-Ann Miller filled the role of Minister government. In a 15% state-wide swing, Queensland voters for the Fire Service. Your union maintained regular contact sent a clear message that they were unhappy with the cuts with her office, and we worked productively on a number to essential services, including QFES, and that they wanted of different issues. Minister Miller stood down as Minister for Fire and Rescue Service and was replaced by Bill Byrne to keep our public assets in public hands. on 7 December 2015. UFUQ had a very positive working In the lead up to the January election, the Labor party relationship with Minister Byrne when he was the shadow promised to increase the capacity of frontline services, minister and we are eager to continue this cooperation in restore fairness to the award modernisation process, to the future. introduce presumptive legislation for firies battling work- So far this year, the has employed related cancers and to review the workers’ compensation some new firefighter recruits, and a number of legislative and OH&S provisions. changes have been passed to improve the working We have been working with the government throughout conditions of Queensland firies. the year to ensure these promises are delivered fully and as quickly as possible. Rockhampton branch President Dain Johnson, Minister Bill Byrne, Premier Palaszczuk, Central Region Delegate Greg Harris and Rockhampton branch Secretary Bruce Lawrie

Cairns UFUQ meeting in the park Workers Compensation and Rehabilitation Amendments

State Secretary John Oliver, UFUQ Members and members of Parliament celebrate the passing of Presumptive Legislation laws in Queensland

Presumptive Legislation Going into the January election, your union secured commitments from both major parties to introduce presumptive legislation for current and former firefighters who contract work related cancers. As we know, firies are vulnerable to a number of latent onset diseases as a by-product of the work, and the last thing we should have to do is battle the courts for compensation. Your union has been fighting for many years to have the onus of proof reversed on these claims, so that the 12 most common types of cancer will be presumed to be work-related. It was with delight and great relief that our members could watch as parliament passed this legislation unanimously in September of this year. This legislation applies to all professional and auxiliary firefighters, and also to rural bush fire volunteers. A recommendation was made which requires the rural bush fire volunteers to attend a review panel for consideration, in determining whether they meet the exposure criteria.

Background The amendments were passed unanimously, but only The worldwide campaign for presumptive legislation for applied to firies employed under the federal government, firefighters originated in the United States over ten years which is those who work in airports or in the Northern ago. The 2006 LeMasters Study produced a landmark Territory and ACT. report into the exposure of firefighters to carcinogens, The campaign in Queensland has been ongoing and your based on the findings of 32 previous studies. The cases union has kept you updated regularly on its progress. The of 110,000 firefighters were considered as part of this Newman government dragged its heels for its three years in exercise. This landmark study concluded that firefighters office, but committed to introduce presumptive legislation are disproportionately susceptible to 12 particular types of on re-election as part of the Accord signed with UFUQ in cancer, and tend to contract these diseases earlier in life. late 2014. In response to these findings, an international campaign for The Labor party committed in December 2013 to introduce the protection of firefighters was started by the American presumptive legislation if elected. Firefighters’ Union (IAFF) and picked up by Canada, and the UFUA. In 2011, we began a hard lobbying effort to secure In June and July of this year, both the government and the amendments to the federal Safety, Rehabilitation and opposition fell over themselves to pass this legislation. The Compensation Act, which meant that firies diagnosed with LNP introduced a private members bill in June, dealing one of the 12 cancers were presumed to have contracted solely with presumptive legislation for firefighters, and this the disease as a result of their work, and were able to be was followed by a more substantive bill by the government awarded compensation accordingly. in July.

2 2015 UFUQ - Year in Review Both bills were considered concurrently by the Finance and Administration Committee, and UFUQ made detailed submissions on your behalf. All of the recommendations raised in our submission were considered by the committee and most were accepted by the government. In rejecting the recommendation that the legislation provide for the inclusion of new cancers as the research develops, the government qualified that the act can be changed to reflect scientific developments when it is reviewed every 5 years. The government also adopted the provision from the Presumptive Legislation celebrations at Queensland Private Member’s Bill that applied the same level of Parliament presumptive legislation to rural bush fire volunteers as to professional and auxiliary firefighters. The new legislation provides for the same 12 types of cancer as enumerated in the Commonwealth Act. • Primary Site Brain Cancer • Primary Site Bladder Cancer • Primary Site Kidney Cancer • Primary non-Hodgkin’s Lymphoma • Primary Leukaemia • Primary Site Breast Cancer • Primary Site Testicular Cancer • Multiple Myeloma • Primary Site Prostate Cancer UFUQ members, MP, State Secretary John • Primary Site Ureter Cancer Oliver and Minister celebrating the passing • Primary Site Colorectal Cancer of Presumptive Legislation laws in Queensland • Primary Site Oesophageal Cancer

This outcome marks the end of a long campaign to ensure also to deter employers from acting improperly and cutting sick firefighters can get access to basic compensation safety standards. without being dragged through the courts. The previous government increased the threshold for common law damages to 5% whole of person impairment, Minimum Impairment Threshold meaning for example, that if an injury only debilitated a worker 4.5% of their body’s functionality they would be The new Workers Compensation and Rehabilitation denied this basic right. amendments abolished the 5% Whole Person Impairment threshold for injured workers to gain access to common Thanks to the insistence of your union, in conjunction with law damages. Common law damages should be a basic a number of other Queensland Unions, the government has entitlement for any employee who has had their rights now removed this threshold. infringed through the fault of their employer. They provide an opportunity for the injured person to claim WorkCover claims history back all their medical and rehabilitation costs, as well as any The new laws also abolished the entitlement of prospective losses caused by a reduction in future earning potential. employers to access the work claims history of job The purpose of this standard legal remedy is not only to applicants without their permission. return the injured worker to the financial position they This disgraceful provision served no purpose other than to would be in if the employer had not been negligent, but encourage employers to discriminate against prospective employees on the basis of their previous compensation claims. UFUQ welcomed the abolition of this bosses’ entitlement.

State Secretary John Oliver, Assistant State Secretary Shane Malley and Presumptive Legislation committee members Duncan Pegg MP, MP, and Craig Crawford MP

2015 UFUQ - Year in Review 3 Senior Vice President Peter Draper, State Secretary John Oliver, Jo-Ann Miller MP, State President Mark Dearlove, Firefighters Di Farmer MP Remembrance Day On Saturday October 10, State Secretary John Oliver, former State President Mark Dearlove and Senior Vice President Peter Draper, firefighters, fire communication officers, families and friends stopped to pay tribute to firefighters who have lost their lives in the line of duty. Seven services were held across Queensland to honour those who have made the ultimate sacrifice through the course of their service to the community. We can only hope that the strengthened workplace safety and rehabilitation laws introduced this year will help to protect firefighters in their dangerous work.

“RESTORING FAIRNESS” AMENDMENTS

Earlier this year, the Queensland government introduced UFUQ has welcomed these amendments, and we now new Industrial Relations laws to restore some of the balance have a bit more room to move in relation to the Award to the Queensland Industrial Relations Commission and the Modernisation process. award-making process. Your union made a formal submission and spoke on your New WHS laws behalf at the parliamentary committee dealing with these In June, your union spoke in favour of the government’s new laws. Workplace Health and Safety laws, which sought to restore These amendments return a degree of independence to the protections. QIRC. Commissioners are no longer required to account for We expressed support for the rights of safety reps to direct the State Government’s fiscal strategy and financial situation unsafe work to cease and to call in immediate external when making wage decisions, and the playing field has assistance from accredited persons. been levelled somewhat by the new restrictions on legal representation during arbitrations. We also pushed to allow UFUQ officials to immediately investigate safety problems, without having to give notice The rights of union officials to enter the workplace have also 24 hours in advance. been restored. UFUQ submitted that these restored provisions would The amendments also undid some of the harm caused by likely reduce the number of situations that evolve into the previous government’s award modernisation process. emergencies, and would decrease the risks faced by UFUQ Previously restricted content is now back on the negotiating members who are required to attend emergency situations. table, including employment security provisions, union All of these provisions were passed by the parliament and encouragement provisions and consultation and training entered into force in October. arrangements. Award modernisation Firefighters showing support for their wages and Following the election, the Award Modernisation conditions process was suspended by the new Minister , but it recommenced in July following the revisions to the IR Act. We are currently in discussions about two awards: Queensland Fire and Rescue Service Award – State 2012 Queensland Fire and Rescue Service Communications Centres Award – State 2012. The Restoring Fairness amendments restored flexibility to the modernisation process by removing the requirements for mandatory provisions and the compulsory stripping out of

4 2015 UFUQ - Year in Review non-allowable content. It also removed the deadline for the in a fairer way, these new award conditions will likely also modernisation of awards. improve the efficiency and reliability of the fire service. Your union has been in discussions with the Fire Service for the second half of this year, and there is up to date Review of PSBA and QFES information on our website. The process will be finalised in In late April, the government announced a review of the 2016. Public Safety Business Agency (PSBA), the overarching management body established by the Newman Auxiliary Award government. After consulting with our members, the UFUQ prepared a submission recommending that the PSBA be On November 20, your union won a long fought battle for discontinued, or at least that all substantive management be award coverage for auxiliary firefighters, to guarantee a transitioned back to the fire service. minimum safety net of employment conditions. The PSBA was an attempt by the government to centralise UFUQ first began this long fight in September 2012. We the management of the emergency services departments collected a substantial amount of data to demonstrate the for the purpose of marketing them to the private sector. unfairness of Auxiliary working conditions and put together a strong case for the granting of an award. This restructure had a significant impact on the efficiency of the organisation, and the ability of firies at station level Despite opposition from the fire service, the QIRC ruled in to get on with the job. UFUQ also noted the concern of our favour, and an Interim Award was enacted in October members that the recruitment and training processes had 2013. The Newman government then responded to this been over-standardised and were falling short of the high decision by fast tracking a controversial piece of legislation standards firies are used to. to render the interim award to be of “no effect”. UFUQ contended that the PSBA is the cause of unnecessary In response to the new laws, we lodged a similar application and remote layers of bureaucracy for no net benefit. The for the making of a Modern Award, and last year we review committee’s report is due by the end of the year. commenced a case for compensation regarding the Auxiliary firefighters’ unfair employment contracts. Review of IR Act It was due to this unrelenting Queensland’s Industrial Relations system is currently pressure that UFUQ secured undergoing a substantial review. UFUQ made submissions commitments from both to the committee in October, expressing our grievances Labor and the LNP to agree to with the current structure and our recommendations as an Auxiliary award if elected to how the system can be fairer, more reliable and more at the January state election. independent. This year the Palaszczuk Your union filed a submission in October recommending government has delivered that the functions and accountability mechanisms of the on this promise, and the new QIRC be reviewed and that the jurisdiction for WorkCover be award was presented by your moved under a separate body. union to the QIRC with the We also recommended several amendments to the consent of the fire service. Industrial Relations Act which would aid the union in In addition to improving advocating for your interests and working conditions. the safety for individual The results of the review will be released in the New Year. firefighters and remunerating auxiliaries

UFUQ Auxiliary member Mark Luther

Welcome to Our New Transfield Members In 2015, UFUQ followed branches in other states and territories by accepting membership of our union from firefighters employed by Transfield services at the Oakey Airbase.

This is an exciting time for your union in Queensland and we take this opportunity to welcome our new members at Oakey Airbase.

2015 UFUQ - Year in Review 5 1. 3.

2. 4. Labour Day (Moved Back to May)

On the first weekend in May, UFUQ united across Thanks to legislation passed in September, 2015’s Labour Queensland to march in solidarity with 20,000 other union Day will be the last one without a traditional public holiday members for Labour Day. We marched to demonstrate the in May. power of united workers and to show that we will fight back against cuts to employment conditions, health and safety Fulfilling their pre-election commitment, the Palaszczuk standards and workers compensation. government reversed the Newman Government’s antagonistic policy and restoring Labour Day to where The Queensland Council of Unions awarded UFUQ a high it has been for over 100 years. They have instead moved commendation for our contribution to the 2014 “stop the Queen’s Birthday day to October, keeping the public the pollie pay rise” campaign. The previous government holidays relatively balanced throughout the year. unashamedly awarded themselves a 40%+ pay rise, while our members were lucky to get 2.2% to keep up with NextPhoto year 1 &will 2: markMembers the 125th celebrating anniversary Labour of LabourDay in Day inflation. Our members rallied in outrage that the MPs inBrisbane Queensland. We are preparing for an even bigger wages were to be decided by an independent remuneration celebrationPhoto 3: Members and we are celebrating very much Labour looking Day forward in to tribunal, where ours have to adhere to the state marchingToowoomba alongside many of our members. government’s ‘fiscal strategy’, as decided by the QIRC. Photo 4: Members celebrating Labour Day in Gladstone

UFUQ members at Charters Towers station Individual Matters This year our Industrial Officers took well over 2,500 calls, and just as many emails, dealing with pay issues, WorkCover, medical retirement, award matters, discipline actions, disputes and a range of other queries. We also attended a number of onsite meetings with members who were having issues within their station.

We’ve also had to see through a number of cases from last year in the QIRC, QCAT and the Industrial Court. There are many more individual matters that we are not able to report here due to their confidentiality.

6 2015 UFUQ - Year in Review QFES Survey – Bullying QCAT Case This year, your union challenged a prohibition order In June, the fire service released the results of their Future of issued by the Fire Service in relation to the distribution QFES Survey, which reached about a third of the paid QFES of union documents by union branch secretaries. We workforce. The survey found that firies were generally happy took the case to the Queensland Civil Administrative with their employment, but showed the substantial divide Tribunal to challenge the policy under the Anti- between management and the workforce. Discrimination Act. Around three quarters of respondents think that fire service The case was resolved through arbitration with the fire management are not capable of resolving workplace service. QFES agreed to scrap the prohibition policy, conflict effectively, and do not model effective leadership meaning that union delegates are again entitled to the skills. reasonable use of QFES resources in conducting union affairs. A substantial percentage of firies also find it difficult to move up from their current jobs, with a third claiming that the You will soon see a new policy published by QFES organisation is internally siloed. relating to use of QFES property for union matters. There were also flags raised with regard to bullying by senior management and over half of the firies surveyed were not confident that they would be safeguarded against retaliation if they were to report a problem. This survey also dispelled some of the allegations raised in last year’s Allison review. That review was a politically motivated and statistically unreliable attack on the culture of the fire service, which the government used to try and destroy the credibility of firies within the wider community. Of the huge number of firies surveyed this year, 98% have never witnessed any offensive jokes or teasing, physical intimidation or sexual or suggestive remarks. Further, male and female firefighters both generally agree that they are part of a supportive and inclusive culture. Jo-Ann Miller MP with firefighters at the training academy

Station Visits This year, State Secretary John Oliver, members of the UFUQ executive and industrial team have held regular tours to stations in all seven regions. In January we held 14 formal and informal meetings, engaging with over 400 members and listening to concerns from individual stations.

We held regional tours across August, September and October, keeping members up to date with the Auxiliary and modernisation award processes.

2.

Photo 1: UFUQ Members at Cairns South Station Photo 2: Ayr station with UFUQ members and Northern 1. region delegate Michael Wilson

2015 UFUQ - Year in Review 7 Swift Water Rescue

In February this year, more than 200 firefighters were dispatched to flood prone areas to assist in the response to Tropical Cyclone Marcia. Abnormally high tides combined with heavy rainfall created a particular threat to homes and vehicles, and teams were deployed across Queensland to provide a quick response.

The Swiftwater teams were praised in the media, no doubt again contributing to the overwhelmingly positive view the Queensland community has of our work.

Staff Changes This year we’ve had to say goodbye to two of our dedicated UFUQ staff members. Paula Newman has served our members since 1996, and has worked as an Industrial Officer since 2001. She has provided valuable industrial assistance, either over the phone or in person, to hundreds of firies and communication officers across Queensland.

John Spreckley is also leaving this year, after 4 years serving as our Senior Industrial Officer. He focussed his efforts on the union’s political strategy, and his work was integral during the section 149 arbitration and in securing the Auxiliary Award this year. Meeting with Chief Executive Officer of Climate UFUQ is also excited to welcome Nate Tosh as our new Council Amanda McKenzie, Brisbane region delegate Industrial Officer. Dean McNulty and Health and Welfare Officer Shane Malley

Ed Huffam and photo taker Eric Atkinson – Everest Base Camp Trek in a UFU shirt

Authorised by John Oliver State Secretary United Firefighters’ Union of Australia, Union of Employees, Queensland

8 2015 UFUQ - Year in Review