1.
ELECTION OF CHAIRMAN
Mr Kendall
was duly proposed and seconded as Chairman. There being no other nominations it was:
RESOLVED :
THAT Mr Kendall be elected Chairman
2.
DECLARATIONS OF INTEREST
There were no interests declared at this stage.
3.
EXCLUSION OF PUBLIC AND PRESS
After taking legal advice the Committee considered that there was likely to be disclosure of exempt information as defined in paragraph 11 of Part 1 of Schedule 12A of the Act Local Government Act 1972 and for that reason excluded the press and public, however other members present were allowed to remain.
RESOLVED :
THAT under Section 100(A)(4) of the Local Government Act
1972 the public and press be excluded from the meeting for the following item
of business namely Minute item no. 4 on the grounds that there was likely to be
disclosure of exempt information as defined in paragraph 11 of Part 1 of
Schedule 12A of the Act.
4.
CONFIDENTIAL REPORT OF THE PORTFOLIO HOLDER FOR FIRE
EMERGENCY PLANNING AND CONSUMER PROTECTION
The Chairman welcomed those present to the meeting and
introduced the members of the Committee.
After informing the Committee of a number of perceived
inaccuracies in the report, the Chief Fire Officer outlined to the Committee
the main issues concerning the implementation of the 2003 agreement. These centred on the hours that retained
fire-fighters were available for work together with retainer and attendance
fees that were payable, the potential cost of providing more retained
fire-fighters arising from implementation of the 2003 agreement and the level
of consultations and negotiation with staff that had taken place. The Chief
Fire Officer confirmed that following consultation, staff had wished for the
arrangements prior to the 2003 agreement to remain in place. These issued were discussed and comments
from the Fire Brigades Union were received.
The Chief Fire Officer then circulated a letter from the
Chairman of the Fire Brigades Union concerning the requirement of retained fire-fighters to provide a
set level of cover per week.
The Fire Brigades Union then outlined their concerns regarding the depth of the
consultation that had taken place and that a national negotiated agreement had
not be properly implemented in relation to the working hours and pay of fire
fighters. They were keen further
consultation be undertaken and negotiations continue in the spirit of the 2003
agreement as had been achieved with other Fire Authorities.
The
Committee then adjourned to take legal advice and considered their
decision. The Committee accepted,
relying on the reasoning set out in his letter of 2 August, that the
arrangement approved by the Chief Fire Officer was consistent with the 2003
agreement, and that agreement allowed for the existing retainer system to be
continued. Furthermore, the Committee
accepted that the arrangement was consistent with what the Chief Fire Officer
believed, on the basis of consultation undertaken prior to the decision, was
the wish of the majority of retained fire fighters.
However, the Committee had sympathy with the
Fire Brigades Union view that there had been a missed opportunity to engage
with fire fighters and their representatives to try and identify other ways of
implementing the agreement and believed that the Executive, as Fire Authority,
should have the opportunity to consider alternative ways of implementing the
agreement in the future - with any alternatives to be developed in collaboration
between the Chief Fire Officer, the Fire Brigades Union and fire fighters not
represented by the union and to be subject of consultation throughout the
brigade.
RESOLVED :
THAT the Committee
(i)
supported
the Chief Fire Officer’s interpretation of the 2003 agreement and the dispute
was not upheld
(ii)
were
disappointed at the effectiveness of the previous consultation process
(iii)
required
a further report to be taken to the Executive in January 2005 setting out:
·
possible
alternative interpretations of the 2003 agreement
·
possible
local variations of the 2003 agreement (including experience of other fire
authorities
·
The
financial consequences of implementing any alternatives
·
Setting
out the result of further consultation with the Fire Brigades Union and retained fire fighters who
are not members of the Fire Brigades Union
CHAIRMAN