Federal Court of Australia
Federal Court of Australia
United Firefighters' Union of Australia v United Firefighters' Union of Australia, Union of Employees, Queensland (No 2) [2022] FCA 240 File number: NSD 1027 of 2020
Judgment of: ABRAHAM J
Date of judgment: 18 March 2022
Catchwords: INDUSTRIAL LAW – consideration of the terms of retrospective declarations made pursuant to s 167 of the Fair Work (Registered Organisations) Act 2009 (Cth) – where there is a lack of clarity in the evidence as to the dates on which certain members joined the United Firefighter's Union of Australia (UFUA)
Legislation: Fair Work (Registered Organisations) Act 2009 (Cth) s 167
Cases cited: United Firefighters' Union of Australia v United Firefighters' Union of Australia, Union of Employees, Queensland [2022] FCA 145
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 16
Date of hearing: 15 March 2022
Counsel for the Applicant: Mr D Langmead
Solicitor for the Applicant: Davies Lawyers Pty Ltd
Counsel for the Respondent: Mr P Boncardo
Solicitor for the Respondent: Hall Payne Lawyers
ORDERS NSD 1027 of 2020
BETWEEN: UNITED FIREFIGHTERS' UNION OF AUSTRALIA Applicant
AND: UNITED FIREFIGHTERS' UNION OF AUSTRALIA, UNION OF EMPLOYEES, QUEENSLAND Respondent
order made by: ABRAHAM J DATE OF ORDER: 18 MARCH 2022
THE COURT DECLARES THAT:
1. Pursuant to s 167 of the Fair Work (Registered Organisations) Act 2009 (Cth), the following persons have been members of the United Firefighters' Union of Australia (UFUA) continuously from the time that each of those persons joined the UFUA as indicated below: (a) Paul Hagger, from no later than 2 November 2001; (b) Lam Pham, from 17 August 2010; (c) Daniel Feeney, from no later than 10 January 2013; and (d) Scott Neumann, from 14 January 2013. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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