Recent Cases

United Firefighters’ Union of Australia v Fire Rescue Victoria [2024] FCAFC 84 (20 June 2024) (Colvin, Raper and Dowling JJ)


Catchwords:


ADMINISTRATIVE LAW – application for declarations and orders for remittal on the basis that the Fair Work Commission failed to exercise its jurisdiction comprising private arbitral powers under the parties’ agreed dispute resolution clause – whether the Commission was required when “settling the dispute”, within the meaning of the clause, to determine all the issues between the parties and was not able to defer part of the argument to a later date to determine with a related application – whether the Commission was required when “settling the dispute”, within the meaning of the clause, to opine as to the validity of a ministerial direction – whether the Commission was able to take into account when declining the relief sought by the applicant, the existence of the ministerial direction, which would mean that the respondent had competing obligations under that direction and an order of the Commission if the relief were granted – application dismissed