United Firefighters' Union of Australia v Country Fire Authority

The United Firefighters' Union of Australia (UFU) sought an interlocutory injunction against the Country Fire Authority (CFA) to prevent the completion of a ballot regarding a proposed enterprise agreement. The dispute arose from concerns that the proposed agreement would allow professional, technical, and administrative staff (PTA) to perform incident management roles, which the UFU argued should remain the exclusive domain of operational staff. The application was heard and dismissed by the Federal Court of Australia.

The primary legal issues addressed by the court were whether the UFU had established a prima facie case with a sufficient likelihood of success at trial and whether the balance of convenience favoured granting interlocutory relief. The court also considered the potential delay and urgency of the matter, which were factors in determining whether to exercise its discretion to grant an injunction.

In dismissing the application, the court found that the UFU's prima facie case was weak, lacking a clear legal basis to support their claim that the proposed agreement was unlawful. Additionally, the balance of convenience did not favour the UFU, as the court believed that any potential harm to the CFA from being enjoined from proceeding with the ballot was outweighed by the importance of allowing the democratic process within the union to proceed. The court also noted that there was no significant urgency in the matter that would warrant interlocutory relief.

The court concluded that, given the weak prima facie case and the balance of convenience, it should not exercise its discretion to grant interlocutory injunctive relief. Consequently, the interlocutory application was dismissed, and there was no order as to costs. The dismissal of the application meant that the CFA could proceed with the ballot regarding the proposed enterprise agreement.