United Firefighters’ Union of Australia v Country Fire Authority [2007] FCA 853

FEDERAL COURT OF AUSTRALIA

United Firefighters' Union of Australia v Country Fire Authority [2007] FCA 853 INDUSTRIAL RELATIONS – award – certified agreement – interpretation – whether appointment of person employed as Instructor to rank of Leading Firefighter was in breach of term of award or certified agreement – power to appoint found in State Act – whether award or certified agreement restricted or regulated that power – whether specification of a period of "service" in definition of classification related only to service with particular employer, or with employer bound by award – whether definition prohibited appointment of person without specified length of service to classification – whether matrix of facts surrounding making of award and certified agreement, or custom and practice, gave "service" a meaning other than its ordinary meaning – whether act done in contravention of term of award or certified agreement void or ineffective

WORDS AND PHRASES – "service"

Workplace Relations Act 1996 (Cth) ss 170LT, 178, 178(1), 178(4), 347, 356, 413A Workplace Relations Amendment (Work Choices) Act 2005 (Cth) Country Fire Authority Act 1958 (Vic) ss 6, 17

Victorian Firefighting Industry Employees Interim Award 2000 Pt 2 cll 2, 2.9 Country Fire Authority/United Firefighters Union of Australia Operational Staff Enterprise Agreement 2002 cll 6, 17, 45.8.2, 45.8.2.2, 45.11, 53.9, 53.10

Byrne v Australian Airlines Ltd (1995) 185 CLR 410 cited NTEIU v University of Wollongong [2002] FCA 31 cited Printing & Kindred Industries Union & Anor v Davies Bros Ltd (1986) 18 IR 444 cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 cited Seamen's Union of Australia v Adelaide Steamship Co Ltd (1976) 46 FLR 444 cited Yango Pastoral Company Pty Ltd v First Chicago Australia Ltd (1978) 139 CLR 410 followed