UFU members rally at Parliament House in June over EBA dispute. Credit:Justin McManus High-level legal advice, prepared by Frank Parry, QC, for the CFA board just hours before it was sacked, found the agreement would give the firefighters' union power to effectively veto or delay even minor CFA management and operational decisions. And despite the government's claim that the role of volunteers would not be undermined, his advice concluded that the deal "leaves in place a large number of clauses, which actually do affect the position and role of volunteers". "In my view the proposed changes do not effectively, or to any significant sense, address the concerns of the CFA," Mr Parry said. The latest blow to the Premier's standing follows an extraordinary day on Friday that began with the resignation of Emergency Services Minister Jane Garrett and ended with a decision to sack the CFA board.

Illustration: Matt Golding Mr Andrews remains adamant that the concerns of volunteers and the CFA have been addressed with provisos in the agreement with the firefighters' union that the role of volunteers will not be undermined and a process introduced to resolve disputes between the union and the CFA. Emergency Services Commissioner Craig Lapsley has been appointed to ensure the work of volunteers is not undermined, he said. In a blunt statement on Friday, Mr Andrews said Ms Garrett had resigned because she did not support the deal, "despite all concerns previously raised by Ms Garrett being addressed". The legal advice to the CFA board – which came as the government issued an ultimatum requiring the board to sign the agreement by 5pm on Friday or be sacked – found those concerns had not been addressed.

It said various clauses in the agreement could "easily be used" by the union to "obstruct and delay" CFA decisions such as purchasing new equipment. It also said that a requirement that Mr Lapsley report every six months on disagreements between the union and the CFA was "largely meaningless", while a proposed dispute-resolution process would not work if the UFU continued to obstruct. The Supreme Court's injunction prevented the CFA board from signing any agreement until June 22, on the grounds that the concerns of volunteers had not been properly considered. In a letter to the new Minister for Emergency Services, James Merlino, sent on Friday, CFA acting chairman John Peberdy warned that complying with the government's demands "would place us in contempt of the orders of the Supreme Court". The letter, obtained by Fairfax Media, also refers to Mr Parry's advice that the deal continues to give the union veto powers over CFA management decisions despite claims to the contrary. It also points out that the government's own Crown Counsel, Melinda Richards, SC, has advised that the deal would unlawfully breach the state's anti-discrimination laws.

The Andrews government is desperate to move on from the crisis, which has so far significantly diminished Mr Andrews' political standing, forced Ms Garrett to resign from the frontbench and resulted in a decision to sack the board. Lucinda Nolan, who was hand-picked by Mr Andrews to lead the CFA just months ago but has also stood firm against the deal, is seen as the next likely casualty. On Sunday, Mr Merlino said the government had concerns about the governance and culture of the CFA that needed to be tackled, announcing plans for a Country Fire Authority performance and policy consultative committee to unite career firefighters, volunteers and management. Shadow attorney-general John Pesutto suggested the government could itself be guilty of contempt of court for preventing the CFA board from considering the concerns of volunteers. "A person who intentionally and knowingly obstructs a party from complying with an injunction is guilty of contempt of court," Mr Pesutto said. "Daniel Andrews and James Merlino have also exposed the state of Victoria to potential adverse action claims from anyone who has been or might be sacked because of their refusal to agree to the terms of an EBA." He said the state could also be exposed to wrongful dismissal and unfair dismissal claims.