Fire Rescue Victoria v United Firefighters' Union of Australia [2025] FCA 74

Fire Rescue Victoria v United Firefighters' Union of Australia [2025] FCA 74 File number(s):

Judgment of: NESKOVCIN J

Date of judgment: 20 January 2025

Date of publication of reasons: 13 February 2025

Catchwords: PRACTICE AND PROCEDURE – production order made by the Fair Work Commission for the United Firefighter's Union to produce a Trust Deed to the applicant and to the Commission – Union did not comply with the production order – applicant sought a mandatory injunction to compel the Union to produce the Trust Deed – whether claim for interlocutory relief is an abuse of process – whether claim should be stayed until application heard by the Commission – scope of the production order made by the Commission considered – order made for the production of the Trust Deed – application for a stay dismissed

Legislation: Fair Work Act 2009 (Cth) ss 590, 593, 739 Federal Court of Australia Act 1976 (Cth) s 23

All Care Australia v Fair Work Ombudsman [2024] FCA 545 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57; [2006] HCA 46 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v ALS Industrial Australia Pty Ltd (2015) 235 FCR 305; [2015] FCAFC 123. Cases cited: Bradto Pty Ltd v State of Victoria (2006) 15 VR 65; [2006] VSCA 89 Civil Air Operations Officers Association of Australia v Airservices Australia (No 2) [2021] FCA 993 Duggan v Metropolitan Fire and Emergency Services Board (2017) 251 FCR 1; [2017] FCAFC 112 Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1; [1998] HCA 30 Samsung Electronics Co. Ltd v Apple Inc. (2011) 217 FCR 238; [2011] FCAFC 156