United Firefighters' Union of Australia & Anor v Country Fire Authority [1998] FCA 1152

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 532 of 1997

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: UNITED FIREFIGHTERS' UNION OF AUSTRALIA

First Appellant

ANDREW MARMION

Second Appellant

AND: COUNTRY FIRE AUTHORITY

Respondent

JUDGE(S): O'CONNOR, MARSHALL, NORTH JJ

DATE OF ORDER: 24 MARCH 1998

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

VICTORIA DISTRICT REGISTRY VG 532 of 1997

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: UNITED FIREFIGHTERS' UNION OF AUSTRALIA

First Appellant

ANDREW MARMION

Second Appellant

AND: COUNTRY FIRE AUTHORITY

Respondent

JUDGE(S): O'CONNOR, MARSHALL, NORTH JJ

DATE: 24 MARCH 1998

PLACE: MELBOURNE

EX TEMPORE REASONS FOR JUDGMENT THE COURT: In this appeal the arguments put by the appellant before this Full Court repeated those advanced and determined by the trial judge. We agree with the judgment and the reasons of the trial judge as to the effect of clause 9.5 of the certified agreement. We make the following observation about one aspect of the judgment. We do not need to decide in this appeal whether his Honour was correct in the view he took as to the effect of the word "suitable" dealt with at page 14 of his decision because a determination of that matter is not necessary, in our view, to the proper construction of the agreement. The order of the court is that the appeal is dismissed.

I certify that this and the preceding page are a true copy of the Reasons for Judgment herein of the the Court