United Firefighters' Union of Australia & Anor v Country Fire Authority [1997] FCA 851

United Firefighters' Union of Australia & Anor v Country Fire Authority [1997] FCA 851

Clause 9.5 of the Certified Agreement does not compel the Authority to appoint an internal applicant to a position at a new career fire station on preserved penalty terms before advertising externally. The Authority retains flexibility to set the terms and make appointments as per the Certified Agreement, and only calls for expressions of interest or orders of transfer if staffing requirements are otherwise unmet. Consequently, there was no contravention of s 298K of the Act and no basis for penalty or further injunctive relief.

Parties
First Applicant: United Firefighters' Union of Australia; Second Applicant: Andrew Marmion; Respondent: Country Fire Authority
Jurisdiction
Australia
Judgment Date
29 August 1997
Procedural Posture
Application for Penalty and Injunction / Final Judgment After Interlocutory Injunction
Outcome
Application dismissed
Legal Topics
Certified Agreements Interpretation, Workplace Relations Act 1996, Industrial Instruments, Remuneration Entitlements, Staffing of New Career Fire Stations
Industrial Law Employment Law Certified Agreements Interpretation Workplace Relations Act 1996 Industrial Instruments Remuneration Entitlements Staffing of New Career Fire Stations

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Parties

United Firefighters' Union of Australia

First Applicant

Andrew Marmion

Second Applicant

Country Fire Authority

Respondent

Procedural Posture

Application for Penalty and Injunction / Final Judgment After Interlocutory Injunction

Legal Issues

  1. 1 Proper construction of clause 9.5 of the Country Fire Authority/United Firefighters' Union Firefighters and Fire Officers' Certified Agreement 1996
  2. 2 Whether the respondent was obliged to appoint an internal applicant on existing terms before advertising externally
  3. 3 Whether refusal to appoint Mr Marmion breached s 298K of the Workplace Relations Act 1996

Ratio Decidendi

Clause 9.5 of the Certified Agreement does not compel the Authority to appoint an internal applicant to a position at a new career fire station on preserved penalty terms before advertising externally. The Authority retains flexibility to set the terms and make appointments as per the Certified Agreement, and only calls for expressions of interest or orders of transfer if staffing requirements are otherwise unmet. Consequently, there was no contravention of s 298K of the Act and no basis for penalty or further injunctive relief.

Court Disposition

Application dismissed

Orders

  • The injunction granted on 13 August 1997 is dissolved.
  • Liberty reserved to the respondent to apply in respect of the undertaking as to damages given by the first applicant on 13 August 1997.