United Firefighters' Union of Australia v Country Fire Authority (No 3) [2022] FCA 1116

Federal Court of Australia

United Firefighters' Union of Australia v Country Fire Authority (No 3) [2022] FCA 1116 File number(s): VID 332 of 2022

Judgment of: O'CALLAGHAN J

Date of judgment: 21 September 2022

Catchwords: PRACTICE AND PROCEDURE – application by applicant to join a party as a respondent under r 9.05(1) of the Federal Court Rules 2011 (Cth) – application refused

Legislation: Federal Court Rules 2011 (Cth) rr 9.05(1), 9.05(1)(a), 9.05(1)(b)(i), 9.05(1)(b)(ii) Fire Rescue Victoria Act 1958 (Vic) s 6(3)(a)

Cases cited: News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410 Trade Practices Commission v Westco Motors (Distributors) Pty Ltd [1981] FCA 48; (1981) 58 FLR 384 United Firefighters' Union of Australia v Country Fire Authority [2022] FCA 727 United Firefighters' Union of Australia v Country Fire Authority (No 2) [2022] FCA 1079

Division: Fair Work Division

Registry: Victoria

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 27

Date of hearing: 13 September 2022

Counsel for the Applicant: Mr H Borenstein KC with Mr JC McKenna

Solicitor for the Applicant: Slater & Gordon

Counsel for the Respondent: Mr CB O'Grady KC with Mr ARM Pollock

Solicitor for the Respondent: Clayton Utz

ORDERS VID 332 of 2022

BETWEEN: THE UNITED FIREFIGHTERS' UNION OF AUSTRALIA Applicant

AND: THE COUNTRY FIRE AUTHORITY Respondent

order made by: O'CALLAGHAN J DATE OF ORDER: 21 SEPTEMBER 2022

THE COURT ORDERS THAT:

1. The applicant's application for an order pursuant to r 9.05(1) of the Federal Court Rules 2011 (Cth) that Fire Rescue Victoria be joined as a respondent to this proceeding be dismissed. 2. The respondent's costs of the application be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.