United Firefighters’ Union of Australia v Country Fire Authority [2007] FCAFC 169

FEDERAL COURT OF AUSTRALIA

United Firefighters' Union of Australia v Country Fire Authority [2007] FCAFC 169 INDUSTRIAL RELATIONS – interpretation of Award – where firefighter classifications in Award required employees to have completed specified period of "service" – whether specification of a period of "service" in classification relates to service in firefighting, service in firefighting with current employer only, or service with current employer only – whether employer in appointing second respondent to position of Leading Firefighter breached the Award therefore attracting penalties under the Workplace Relations Act 1996 (Cth) – "service" held to be service with current employer – second respondent validly appointed to position of Leading Firefighter – no breach of Award. WORDS AND PHRASES – service Workplace Relations Act 1996 (Cth) Victorian Firefighting Industry Employees Interim Award 2000 Country Fire Authority/United Firefighters Union of Australia Operational Staff Enterprise Agreement 2002 Victoria Firefighters' Union of Australia v Country Fire Authority [2007] FCA 853 UNITED FIREFIGHTERS' UNION OF AUSTRALIA v COUNTRY FIRE AUTHORITY AND KRISTINA WILMS VID 551 OF 2007

GOLDBERG, GRAHAM AND BUCHANAN JJ

12 NOVEMBER 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 551 OF 2007

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: UNITED FIREFIGHTERS' UNION OF AUSTRALIA

Appellant

AND: COUNTRY FIRE AUTHORITY

First Respondent

KRISTINA WILMS

Second Respondent

JUDGES: GOLDBERG, GRAHAM AND BUCHANAN JJ DATE OF ORDER: 12 NOVEMBER 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules IN THE FEDERAL COURT OF AUSTRALIA