News

Yours Sincerely?

December 3, 1999

Date: 03 December 1999
Author: FBEU 

1. UNION DEADLINE TO DEPARTMENT

30th November, 1999

Mr. Ian MacDougall
Commissioner
New South Wales Fire Brigades
PO BOX A249
SYDNEY SOUTH NSW 1232

Dear Sir,

Re: IRC Matter No. 99/5972

The Union writes with regard to the Department’s continued refusal to enter into negotiations over the Union’s application for a new Crown Employees (NSW Fire Brigades Firefighting Staff) Award 1999.

Your Department has adopted a position of refusing to discuss the matter of a new Award whilst ever there are Union bans in place – even though those bans have nothing to do with the Award and everything to do with the death and disability dispute. That the Department remains available and prepared to negotiate with the Union over the latter, irrespective of the continuation of almost four months of industrial bans, but refuses to negotiate on a matter which is not and has never been subject to Union bans is both untenable and illogical. It is also totally unacceptable to the Union.

The Union seeks to open discussions on the Award immediately. Given that the Department has been in receipt of the Union’s Award application for over a month now, the Union also seeks the Department’s immediate response to that document.

I note in your Industrial Update of 18 November that you wrote “While these [D&D] bans are in place, negotiations with the union about new Awards cannot take place,”. You are of course aware that this is not the case, and that there is in fact nothing preventing such discussions bar your own belligerence, and that of the Government. Indeed, during the course of proceedings before the Commission on November 9, Justice Hungerford said of this particular matter that “Whether the employer engages in discussions whilst bans are continuing is a matter for it.”

Your Department’s current stance cannot be seen as constructive in any away, nor is it conducive to the preservation of what little good will remains between the parties. I am instructed to advise you that unless your
Department now agrees to enter into meaningful Award negotiations by 1000 hours this Thursday, 2 December, and to provide a preliminary response to the Union’s Award application by that time, then the Union’s permanent membership will thereafter stop all work in order to meet and consider this, your dispute.

Yours faithfully,

Chris Read
State Secretary

 

2. COMMISSIONER AGREES TO UNION DEMANDS

NEW SOUTH WALES FIRE BRIGADES

227 Elizabeth Street
Sydney NSW 2000
PO Box A249 Sydney South 1232

2 December 1999

Mr C Read
Secretary/Treasurer
NSW Fire Brigade Employees Union
267 Sussex Street
SYDNEY NSW 2000

Dear Mr Read

Re: Award Negotiations

I refer to your letter dated 30 November seeking:

1. Commencement of negotiations by 10 am today on the Award, and

2. A written response to the Union’s Award application, lodged with the
Industrial Relations Commission (IRC) on 29 October.

I confirm that the Department has met the above conditions and seek your immediate confirmation of the cancellation of the foreshadowed industrial action.

As you are aware, lengthy negotiations on the Award took place yesterday afternoon and last night, and the Department remains available at short notice to commence negotiations.

In relation to point 2, I am sure that you would appreciate the difficulty in providing a detailed response to a 100 page document. Please therefore accept this letter as a preliminary written response, to be followed as quickly as possible by a detailed response.

I trust that you will immediately cancel the serious industrial action foreshadowed by the State Committee of management, which will place the community and those firefighters remaining n duty at risk.

Yours sincerely,

I D Mac Dougall AC
Commissioner

 

3. UNION CANCELS 11AM STOP WORK

 

4. THE COMMISSIONER BACKFLIPS

NEW SOUTH WALES FIRE BRIGADES

227 Elizabeth Street
Sydney NSW 2000
PO Box A249 Sydney South 1232

Mr C Read
Secretary/Treasurer
NSW Fire Brigade Employees Union
267 Sussex Street
SYDNEYNSW 2000

2 December 1999

Dear Mr Read

Re : Award Negotiations

Further to my letter this morning, and in confirmation of discussions with Assistant Commissioner John Anderson, I confirm that my earlier letter of 2 December 1999 needs to be read in the context of the Government’s position that the furtherance of negotiations for successor awards and resolution of death and disability dispute is dependent upon the FBEU lifting all bans and limitations, and abiding by the terms of the Order handed down by Justice Hungerford of the Industrial Relations Commission on 1 December 1999.

Yours sincerely,

I D Mac Dougall AC
Commissioner

 

5. UNION CONFIRMS ORIGINAL AGREEMENT

2nd December 1999

Mr. Ian MacDougall
Commissioner
New South Wales Fire Brigades
PO Box A249
SYDNEY SOUTH NSW 1232

Dear Sir,

Re: Award Negotiations

I refer to our correspondence dated 30 November 1999 and the Department’s reply received by fax at approx 0830 hrs today.

On the basis of this correspondence, the Union in good faith agreed to not proceed with the stop work meeting planned for 1000 hrs this morning and made all necessary arrangements to facilitate this. After such arrangements were made and our response clearly conveyed to the Department through Assistant Director, Employee Services (ADES), the Union received a subsequent call and correspondence from the Department at 1020 hrs.

It goes without saying that the Union is committed to the arrangements made on the basis of the agreement reached this morning – that is that the Department is “available at short notice to recommence negotiations” and that a detailed response to the Union’s award claims is to be provided “as quickly as possible”. As such, the Union is available to recommence negotiations all day tomorrow and from Monday to Thursday next week. Please contact myself at the Union Office to confirm the Department’s availability.

Any attempt by the Department to walk away from this morning’s agreement will be viewed by the Union and its members as a serious and wilful breach of the orderly processes required in industrial relations. Such flagrant duplicity, if embarked upon, would be unbecoming of both a Government Department and a Disciplined Service. Trust is in short supply in this dispute – such a move would destroy any that is left and would be viewed by the Union as provocative in the extreme.

Yours faithfully,

Chris Read
State Secretary

 

 

6. THE COMMISSIONER, ALREADY DEEP IN IT, JUST KEEPS DIGGING

NEW SOUTH WALES FIRE BRIGADES

227 Elizabeth Street
Sydney NSW 2000
PO BOX A249 Sydney South 1232

3 December 1999

Mr Chris Read
State Secretary
NSW Fire Brigade Employees Union
267 Sussex Street
SYDNEY NSW 2000

BY FACSIMILE: 9267 6304

Dear Mr Read

Industrial action by NSW Fire Brigade Employees’ Union in support of enhanced Death & Disability Benefits and proposed successor Award to the Crown Employees (NSW Fire Brigades Firefighting Staff) Award 1997

I refer to your letter received on 2 December 1999 entitled ‘Re: Award Negotiations.’ The content of this correspondence is noted.

Let there be no misunderstanding; my first letter to you issued on 2 December 1999 in no way was designed to confuse the Union as to the Department’s position in respect to the Orders issued by Hungerford J on 1 December 1999.

It is unfortunate that the misunderstanding occurred and, you will remember, once I became aware of the situation, ie within minutes, a phone call was made to your office. A subsequent letter was also faxed to you, again within minutes, that emphasised the earlier correspondence needed to be read in the context of the employers clear position that the furtherance of negotiations for successor Awards and resolution of the Death and Disability Dispute is dependent upon the FBEU lifting all bans and limitations.

Yours sincerely,

I D Mac Dougall AC
Commissioner