Metropolitan Fire and Emergency Services Board v United Firefighters' Union of Australia [2005] FCA 621

FEDERAL COURT OF AUSTRALIA

Metropolitan Fire and Emergency Services Board v United Firefighters' Union of Australia [2005] FCA 621 INDUSTRIAL LAW – application for injunction in respect of actual or threatened contravention of an order of Australian Industrial Relations Commission under s 127(1) of the Workplace Relations Act 1996 – whether order of Commission valid – order of Commission based on earlier decision of Commission said to have been made without jurisdiction – interpretation of dispute resolution clause in certified agreement – whether provision that "determination includes access to appeal" precludes final determination by Commission while proceedings pending in High Court and Federal Court – injunction under s 127(6) of the Act – whether evidence of contravention of Commission's order by union and union secretary – effect of failure to withdraw bulletin to members – inference available in light of secretary's silence and failure to give evidence – exercise of Court's discretion – need for injunction to reflect Commissioner's original decision – whether mandatory order should be made for issue of corrective or overriding bulletin. Workplace Relations Act 1996 (Cth)ss 4, 45, 111(1)(g), 127, 170LJ, 170ML, 178 and 413A Federal Court of Australia Act 1976 (Cth) s 24(1)(a) Turnbull v New South Wales Medical Board [1976] 2 NSWLR 281 Coal & Allied Operations Pty Limited v Australian Industrial Relations Commission (2000) 203 CLR 19 Kucks v CSR Limited (1996) 66 IR 182 Ansett Australia Ltd v Australian Licensed Aircraft Engineers Association [2003] FCAFC 209 Amcor Limited v Construction, Forestry, Mining and Energy Union [2005] HCA 10 Fencott v Muller (1983) 152 CLR 570 Philip Morris Inc v Adam P Brown Male Fashions Pty Ltd (1981) 148 CLR 457 United Firefighters Union of Australia v Metropolitan Fire & Emergency Services Board [2004] FCA 627 Communications, Electrical, Energy, Information, Postal, Plumbing and Allied Services and Union of Australia v Commissioner Laing (1998) 86 IR 142 Concrete Constructions Pty Ltd v Plumbers and Gasfitters Employers' Union (No 2) (1987) 15 FCR 64 Australia Paper Ltd v Communications, Electrical, Energy, Information, Postal, Plumbing and Allied Services and Union of Australia (1998) 81 IR 15 Weingarten Bros v G & R Wills & Co [1906] SALR 34 Jones v Dunkel (1959) 101 CLR 298 Dilosa v Latec Finance Pty Ltd (1966) 84 W.N (Pt.1) (NSW) 557 Attorney-General (NSW) v Mayas Pty Ltd (1988) 14 NSWLR 342 Pelechowski v The Registrar, Court of Appeal (NSW) (1999) 198 CLR 435 Transfield Constructions Pty Ltd v Automotive Food, Metal, Engineering, Printing & Kindred Industries Union [2002] FCA 1413 METROPOLITAN FIRE AND EMERGENCY SERVICES BOARD v. UNITED FIREFIGHTERS' UNION OF AUSTRALIA and PETER MARSHALL VID 384 of 2005 RYAN J 17 MAY 2005 MELBOURNE