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The Canberra Times
The Canberra Times
Jasper Lindell

ESA admits it broke law denying firefighters leave before retirement

The Emergency Services Agency has admitted it wrongly refused to grant leave to a group of firefighters in the lead up to their retirements and agreed to pay more than $135,000 in damages.

The ACT government reached a settlement with the United Firefighters Union in May, bringing to an end legal action brought by the union on behalf of the group of firefighters.

The ACT government admitted to contravening the Fair Work Act 20 times by refusing requests for transitional leave arrangements and refusing to consult on flexible work.

The enterprise agreement struck between firefighters and the ACT government in 2020 affords workers the right to flexible work, including provisions for job-sharing arrangements and annual leave taken at half-pay.

Workers can apply under the agreement for flexible working arrangements to support work-life balance, parenting or caring responsibilities or if they are aged 55 and over.

The firefighters represented by the union were all aged over 55 when their leave and flexible work requests were blocked by the Emergency Services Agency.

The ACT government agreed to pay a total of $190,977.77 to six firefighters for economic losses, superannuation and interest.

Seven firefighters received damages of $15,000 each, while one firefighter received $30,000 in damages.

The ACT government also agreed to pay $130,000 towards the union's legal costs.

The Emergency Services Agency has admitted to breaching the Fair Work Act and agreed to pay damages. Picture by Karleen Minney

Meanwhile, the ACT Fire & Rescue chief officer who was in charge of the firefighters at the time their leave claims was blocked left the Emergency Services Agency on Friday.

Matthew Mavity's retirement was not linked to the settlement reached between the ACT and the United Firefighters Union, a spokesman for the Justice and Community Safety Directorate said.

Mr Mavity wrote to staff this week to say he was humbled to have had the honour of leading ACT Fire & Rescue.

"We have achieved a lot together, from small but significant changes like smart devices on appliances and worlds best practice PPC management to larger changes like leading Australian fire services in the implementation of more sustainable and safe equipment and work practices," Mr Mavity wrote.

Mr Mavity said one of his proudest achievements was "leading Australia into a new era of sustainable operations through the introduction of electric fire appliances".

The procurement of a hybrid electric fire truck was the subject of a critical audit, and a parliamentary inquiry has called for more scrutiny of the process to buy the Rosenbauer truck.

Firefighters are now being trained on the truck, which sat largely dormant for more than a year, before it is planned to enter full operational service.

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