United Firefighters' Union of Australia v Metropolitan Fire and Emergency Services Board [2004] FCA 1333

FEDERAL COURT OF AUSTRALIA

United Firefighters' Union of Australia v Metropolitan Fire and Emergency Services Board [2004] FCA 1333 INDUSTRIAL RELATIONS – application for penalty under s 178 of the Workplace Relations Act 1996 (Cth) for alleged breach of certified agreement – whether clause in certified agreement which, on a literal construction, prescribes a general dispute resolution procedure, extends to disciplinary issues – examination of contextual issues displaced literal construction of provision – application dismissed Workplace Relations Act 1996 (Cth) s 178 Metropolitan Fire Brigades Act 1958 (Vic) Metropolitan Fire and Emergency Services Board, United Firefighters' Union of Australia, Operational Staff Agreement 2002

United Firefighters' Union of Australia v Metropolitan Fire and Emergency Services Board [2003] FCA 480; (2003) 198 ALR 466, referred to UNITED FIREFIGHTERS' UNION OF AUSTRALIA, GREGORY CASS, GLEN CAVANAGH, KEVIN CASSIDY and PHILIP McGRATH v METROPOLITAN FIRE AND EMERGENCY SERVICES BOARD V 270 OF 2003 MARSHALL J 14 OCTOBER 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 270 OF 2003

BETWEEN: UNITED FIREFIGHTERS' UNION OF AUSTRALIA

FIRST APPLICANT

GREGORY CASS

SECOND APPLICANT

GLEN CAVANAGH

THIRD APPLICANT

KEVIN CASSIDY

FOURTH APPLICANT

PHILIP McGRATH

FIFTH APPLICANT

AND: METROPOLITAN FIRE AND EMERGENCY SERVICES BOARD

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 14 OCTOBER 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.