United Firefighters' Union of Australia v Country Fire Authority
[1998] FCA 1152
•24 MARCH 1998
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
VG 532 of 1997
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
UNITED FIREFIGHTERS' UNION OF AUSTRALIA
FIRST APPELLANTANDREW MARMION
SECOND APPELLANTAND:
COUNTRY FIRE AUTHORITY
RESPONDENTJUDGE(S):
O'CONNOR, MARSHALL, NORTH JJ
DATE OF ORDER:
24 MARCH 1998
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
The appeal be dismissed.
NOTE:SETTLEMENT AND ENTRY OF ORDERS IS DEALT WITH IN ORDER 36 OF THE FEDERAL COURT RULES.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
VG 532 of 1997
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
UNITED FIREFIGHTERS' UNION OF AUSTRALIA
FIRST APPELLANTANDREW MARMION
SECOND APPELLANTAND:
COUNTRY FIRE AUTHORITY
RESPONDENT
JUDGE(S):
O'CONNOR, MARSHALL, NORTH JJ
DATE:
24 MARCH 1998
PLACE:
MELBOURNE
EX TEMPORE REASONS FOR JUDGMENT
THE COURT:
In this appeal the arguments put by the appellant before this Full Court repeated those advanced and determined by the trial judge.
We agree with the judgment and the reasons of the trial judge as to the effect of clause 9.5 of the certified agreement.
We make the following observation about one aspect of the judgment. We do not need to decide in this appeal whether his Honour was correct in the view he took as to the effect of the word “suitable” dealt with at page 14 of his decision because a determination of that matter is not necessary, in our view, to the proper construction of the agreement.
The order of the court is that the appeal is dismissed.
I certify that this and the preceding page are a true copy of the Reasons for Judgment herein of the the Court
Associate:
Dated: 24 March 1998
Counsel for the Applicant: R W Hinkley Solicitor for the Applicant: Maurice Blackburn Counsel for the Respondent: Dr C Jessup and J Maclean Solicitor for the Respondent: Corrs Chambers Westgarth Date of Hearing: 24 March 1998 Date of Judgment: 24 March 1998
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