United Firefighters' Union of Australia v Metropolitan Fire and Emergency Services Board [2003] FCA 480

FEDERAL COURT OF AUSTRALIA

United Firefighters' Union of Australia v Metropolitan Fire and Emergency Services Board [2003] FCA 480 INDUSTRIAL – interlocutory injunctions sought to restrain hearing of charges against members of the United Firefighters' Union of Australia – disciplinary charges laid for breach of s 78B of the Metropolitan Fire Brigades Act 1958 (Cth) – refusal to obey lawful order to remove "scab" appellation – use of work email system to circulate emails unrelated to duties as an officer – assault on fellow firefighter – whether serious questions to be tried – whether breach of a term of a certified agreement – whether certified agreement could also constitute a common law agreement – requirements of a common law agreement not met – whether laying and hearing of charges contravened s 298K(1) of the Workplace Relations Act 1996 (Cth) – whether "prohibited reason" for purposes of s 298L(1)(l) of the Workplace Relations Act 1996 (Cth) – whether breach of s 298K(1) of the Workplace Relations Act 1996 (Cth) could constitute a conspiracy to harm by unlawful means. Metropolitan Fire Brigades Act 1958 (Vic): s 78B Workplace Relations Act 1996 (Cth): ss 298K(1), 298L(1)(l) Construction, Forestry, Mining and Energy, Union v Gordonstone Coal Management Pty Ltd (1997) 78 FCR 437, referred to Australasian Meat Industry Employees' Union v G&K O'Connor Pty Ltd (2000) 104 FCR 80, referred to Construction, Forestry, Mining and Energy Union v Australian Industrial Relations Commission (2000) 203 CLR 645, considered Ryan v Textile Clothing and Footwear Union of Australia [1996] 2 VR 235, considered Electrolux Home Products Pty Ltd v Australian Workers' Union [2001] FCA 1600, considered ACTEW Corporation Limited v Pangallo [2002] FCAFC 325, considered Australian Meat Industry Employees' Union v Frugalis Pty Ltd (1989) 30 IR 149, referred to Community and Public Sector Union v Telstra Corporation Limited (2001) 107 FCR 93, applied Finance Sector Union of Australia v Australian & New Zealand Banking Group Limited (2002) 114 IR 352, applied Major v State of South Australia [1999] FCA 1684, distinguished Heidt v Chrysler Australia Limited (1976) 26 FLR 257, referred to