IBAC Exposes Secret Firefighters Deal

Former Premier Daniel Andrews authorised a secret “back-room” deal with the United Firefighters Union that excluded the Country Fire Authority from key negotiations and allowed the union to gain “extraordinary influence” over the Victorian Government, a major IBAC investigation has found.

The Independent Broad-based Anti-corruption Commission (IBAC) today released its long-awaited Operation Richmond report, examining enterprise bargaining negotiations between the Victorian Government and the United Firefighters Union between 2016 and 2019, as well as the establishment of Fire Rescue Victoria.

The investigation began after allegations the union’s long-serving secretary, Peter Marshall, had blackmailed Mr Andrews during negotiations over the CFA enterprise bargaining agreement.

While IBAC found no evidence of blackmail and no corrupt conduct under its legislation, it uncovered what it described as serious and concerning conduct involving senior public officials.

IBAC found Mr Andrews authorised a secret “back-room” deal with Mr Marshall in 2016, with negotiations carried out by then-Special Minister of State Gavin Jennings and senior Department of Premier and Cabinet official Tony Bates.

According to the report, the agreement was negotiated without the knowledge of key stakeholders, including the CFA and then-Emergency Services Minister Jane Garrett.

CFA Kept In The Dark, According To Report

IBAC found the actions of Mr Andrews, Mr Jennings and Mr Bates were contrary to government policy, procedures, constitutional convention and their respective codes of conduct.

The watchdog found the undisclosed arrangement placed the government in a position where Mr Marshall was able to secure concessions, gain privileged access to ministers and exert “extraordinary influence” over government by threatening industrial action and the public exposure of the secret agreement.

The report is also highly critical of the government’s treatment of the CFA during the negotiations.

IBAC found the CFA board was dismissed after refusing to endorse an enterprise bargaining agreement, despite board members being unaware it was based on the undisclosed deal with the union.

According to the report, replacement board members were then appointed outside proper procedures because it was believed they would support the government’s position on the agreement.

The investigation also found sensitive or confidential information was provided to Mr Marshall by a Metropolitan Fire Brigade board member and on two occasions by Mr Bates.

IBAC further found inappropriate stakeholder management gave Mr Marshall privileged access as he sought to influence the appointment of Fire Rescue Victoria’s inaugural commissioner.

State Government, Former Premier In Spotlight 

The report says the government, including Mr Andrews, failed to take visible or effective action to address Mr Marshall’s inappropriate conduct, exposing individuals to harm, setting a poor cultural standard within the Victorian public sector and fostering perceptions of favouritism.

IBAC Commissioner Victoria Elliott said the investigation exposed serious integrity failures and enduring corruption risks.

“Victorians expect their elected officials to act honestly for the best interest of our state, without fear or influence,” Commissioner Elliott said.

“Operation Richmond revealed a number of actions that do not meet that expectation, including conduct contrary to policy, procedure and codes of conduct, such as the misuse of information and deliberate attempts to conceal and mislead, highlighting the need for the government to take decisive action to embed strong standards of conduct across the government.”

IBAC has made three recommendations to strengthen ministerial accountability, including introducing legislation establishing a statement of values for ministers, publishing a Ministerial Code of Conduct and Ministerial Handbook, and improving training on managing relationships with interest groups and lobbyists.