United Firefighters' Union of Australia v Fire Rescue Victoria

The United Firefighters' Union of Australia (UFU) sought relief against Fire Rescue Victoria (FRV) on the basis that FRV had not complied with the terms of the 2020 Agreement to establish a permanent registration board. The case was heard by the Fair Work Commission (FWC). The UFU argued that little progress was made towards establishing a permanent registration board and raised this dispute. The UFU and FRV both sought an ongoing board that operates independently from FRV. The UFU submitted that affirmative answers could be given to the questions for determination, while FRV did not oppose affirmative answers or the amendment made by the UFU to its draft order.

The legal issues involved interpreting the language of clauses 42 and 49 of the 2020 Agreement. The Minister argued that there was no extant dispute to be arbitrated based on a correct interpretation of the clauses. The Minister submitted that the clauses were a statement of fact and did not create obligations on either party or the basis for a dispute. The only obligation created by the clauses was that FRV send a letter to the UFU secretary endorsing the establishment of a firefighters’ registration board, which had been discharged by FRV.

The FWC found that the Minister's objections were not well-founded. The FWC held that the language of clauses 42 and 49 did create obligations on both parties and the basis for a dispute. The FWC found that the UFU had raised a legitimate dispute and that affirmative answers could be given to the questions for determination. The FWC ordered that a permanent registration board be established and that FRV and the UFU cooperate to draft a Statement of Intent to guide the formation of the Board.

This decision clarifies the obligations of the parties under the 2020 Agreement and sets out the process for establishing a permanent registration board. The FWC found that the UFU had raised a legitimate dispute and that affirmative answers could be given to the questions for determination. The final orders require FRV and the UFU to cooperate to draft a Statement of Intent to guide the formation of the Board.