Trade Union Act

On 4 May 2016 the Trade Union Act received royal assent. The FBU strongly opposes the Act, which adds to some of the most restrictive anti-union laws in Europe. The union made detailed submissions against the legislation, the general secretary addressed both Westminster committees during the Bill’s passage and FBU members lobbied and demonstrated against it. Conference notes that the Trade Union Act contains a number of attacks directly affecting FBU members. During 2017 the Westminster government has brought forward regulations and codes of practice imposing;

• New balloting thresholds for ‘important public services’

• The transition period for opt-in requirements for political fund contributions

• Wider restrictions on industrial action and picketing. Industrial action is now only lawful if at least 50% of members turn out in an industrial action ballot. In addition, in so-called ‘important public services’, 40% of members entitled to vote in a ballot must vote ‘yes’ in order for action to go ahead.

Firefighters, including control staff, are in this category. The statutory thresholds for industrial action came into effect on 1 March 2017. The regulations setting out new opt-in requirements for political fund contributions came into force on 1 March 2017, with a 12 month transition period. Therefore, union rules need to be changed and implemented by 1 March 2018. The FBU and other unions lobbied strongly for an extended transition period, but this was ignored. The government intends to implement its proposals to restrict picketing, including the appointment of a picket supervisor at each workplace on strike.

This clearly will have implications for brigades with large numbers of FBU members at geographically dispersed fi re stations or other workplaces. Conference notes that the Trade Union Act also gives new powers to the Certifi cation Offi cer (CO). The Westminster government plans to consult later this year on the CO’s new powers to impose fi nancial penalties and on the CO levy. The Westminster government has indicated it will consult on regulations on check-off and facilities. To date, no timetable has been set for these consultations or for the future regulations.

The Westminster government has also announced that Sir Ken Knight will lead the independent review of e-balloting in industrial action ballots. The review is expected to be completed by December 2017. 13273 FBU Rec of Decisions 2017.indd 5 09/06/2017 12:11 6 Conference notes that an FBU amendment at TUC Congress in September 2016 proposed that the trade union and labour movement renew our campaign against the Act, including a conference to coordinate action. Despite this decision of Congress, this has not yet taken place. Conference notes that FBU officials in Wales supported efforts by the Wales TUC to ensure the Welsh government repeals the devolved aspects of the Westminster Trade Union Act. The Trade Union (Wales) Bill will repeal the Trade Union Act 2016 as it applies to public services devolved to Wales, including firefighters.

Conference resolves;

1. To continue to oppose the Trade Union Act in our own right, working with other unions and the TUC

2. To campaign to repeal the Trade Union Act in full at the earliest opportunity

3. To campaign for the TUC to implement the decisions of Congress 2016

4. To support the Labour Party’s pledge to repeal the Act when it gets into government

5. To make the necessary changes within the FBU (including to our rules and direct debit arrangements) to enable our members to campaign and take industrial action as and when they see fit.