United Firefighters Union of Australia v Country Fire Authority [2014] FCA 17

FEDERAL COURT OF AUSTRALIA

United Firefighters Union of Australia v Country Fire Authority [2014] FCA 17 Citation: United Firefighters Union of Australia v Country Fire Authority [2014] FCA 17

Parties: UNITED FIREFIGHTERS UNION OF AUSTRALIA v COUNTRY FIRE AUTHORITY

File number: VID 440 of 2012

Judge: MURPHY J

Date of judgment: 31 January 2014

Catchwords: CONSTITUTIONAL LAW — trading corporation — whether the Victorian Country Fire Authority is a "trading corporation" — whether the Country Fire Authority is engaged in "substantial" trading –the test for substantial trading — constitution of the Commonwealth, s 51(xx) CONSTITUTIONAL LAW — legislative power of the Commonwealth – implied limitation – whether implied limitation extends to enterprise agreements approved by Fair Work Australia – whether the referral of legislative power to the Commonwealth under the Fair Work (Commonwealth Powers) Act 2009 (Vic) is subject to the implied limitation INDUSTRIAL LAW — statutory interpretation – whether the referral of legislative power to the Commonwealth under the Fair Work (Commonwealth Powers) Act 2009 (Vic) should be read as subject to the implied limitation – use of extrinsic materials INDUSTRIAL LAW — interpretation of enterprise agreements – consultation clauses – dispute resolution procedure - whether terms are objectionable terms under the Fair Work Act 2009 (Cth) – whether terms are unlawful terms under the Fair Work Act 2009 (Cth) – whether consultation terms are permitted matters under the Fair Work Act 2009 (Cth) – meaning of no extra claims clause – private arbitration under the Fair Work Act 2009 (Cth) – whether matters can be reserved in an enterprise agreement for private arbitration – validity of dispute resolution procedure that allows for private arbitration