Catchwords:

INDUSTRIAL LAW – appeal from judgment dismissing application alleging contraventions of s 343(1) of the Fair Work Act 2009 (Cth) – where Minister intervened by letter and Ministerial Direction in dispute between Union and Fire Rescue Victoria – whether Ministerial Direction was validly given under s 8 of the Fire Rescue Victoria Act 1958 (Vic) – whether Union had standing to claim relief in respect of Minister’s letter – where no challenge to finding that Minister’s exercise of power in letter was ultra vires – whether Minister’s conduct was unlawful, illegitimate or unconscionable for the purposes of s 343(1) – whether conduct can be illegitimate only if disproportionate – appeal dismissed by majority