Page 326 - Week 01 - Thursday, 18 February 1993
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Question On Notice No 508
Fire Brigade - Industrial Relations
MR MOORE asked the Minister for Urban Services
In relation to the submissions to you by Mr S I Buchanan on 24 September 1992 and your reply of 12 November 1992 concerning the Fire Brigade Employees (ACT) Award 1975
(1) Is the Minister able to state whether - (a) in 1975 the rules of the Federal Firefighters Union did not cover under its registered rules, either - (i) the ACT Fire Brigade INDUSTRY (Rule 4); or (ii) ACT Firefighters under ELIGIBILITY (Rule 7); (b) the ACT Fire Brigade and its employees were not covered by the registered rules of the Federal Firefighters Union until 21 August 1985 when the Commonwealth Industrial Registrar approved (R Nos. 16 and 17 of 1985) the amendments to the two rules, INDUSTRY and ELIGIBILITY; and (c) all reference to "civil Fire Brigades" such as the ACT Fire Brigade had been excised from the rules of the Federal Firefighters Union in 1971 prior to its registration on 14 June 1944.
(2) Will the Minister make available a copy of the official notification from the Department of Labor and Immigration given to the Department of the Capital Territory about March 1975 warning it of the fact that the Conciliation and Arbitration Commission probably did not have jurisdiction to hear the dispute.
(3) Is the Minister able to state whether, almost immediately after the Fire
Brigade Employees (ACT) Award 1975 was handed down on
15 September 1975, Conciliation Commissioner Deverall, (C No. 402
of 1975) stated that neither he nor the Commission had control over
firefighters then employed in Canberra.
(4) (a) Has the Ministers attention been drawn by ACT Administration officers to the 9 October 1975 statement by Commissioner Deverall in the following terms: "At the present moment their industrial relations are regulated by an award of this commission which has a great big question mark against it so far as I am concerned, but their industrial relations are with the New South Wales Board,"; and (b) as the Minister sought advice on whether the award had been validly made if the Commission at the time of the statement had no authority over the firefighters employed in the ACT; if so, what was the advice; if not, does he propose to seek advice on the matter.
(5) Has the Ministers attention been drawn to: (a) information supplied to
the Canberra Civil Branch of the Federal Firefighters Union (FFU) in
July 1981 by M. Moore, barrister, now a Judge of the Industrial
Relations Commission, that the validity of the award could be
challenged on a number of grounds; (b) the fact that the same legal
opinion from Mr Moore, barrister, drew to the attention of the
Committee of Management of the Canberra Civil Branch of the FFU
that employees of the ACT Fire Brigade were in fact not eligible to be
members of the Federal Firefighters Union; and (c) to the opinion by
Higgins, Solicitors, of 8 May 1985 expressing the view of
Mr T. Higgins that "members of the Canberra Branch of your
Firefighters Unions (sic) are not qualified to be members of the FFU is
a sound one," prior to the Ministers letter of 12 November 1992.
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