Hurdle for Andrews government’s legal fight with fireys’ union
United Firefighters Union boss Peter Marshall says emergency services minister Jaclyn Symes has “failed in her attempt to silence the union”.
Police & Courts
Don't miss out on the headlines from Police & Courts. Followed categories will be added to My News.
The Andrews government has hit a hurdle as it fights the legal action brought against it by the state’s powerful firefighters union.
The Herald Sun last year revealed the United Firefighters Union is suing emergency services minister Jaclyn Symes, alleging she “coerced” Fire Rescue Victoria to not take part in a scheme to create a new fire registration board.
The union had lobbied to create the board, which would have complete control over who Fire Rescue Victoria can employ as an operational member.
In late March, Ms Symes applied to the Federal Court asking it grant a “separate trial” to determine whether the union had standing to pursue legal action.
She argued dealing with the issue of standing first may lead to the case’s “early and efficient disposition”, reducing the time and expense of litigation.
But Justice John Snaden on Tuesday dismissed Ms Symes’ application, ruling the case would proceed as planned.
“There is no warrant to deviate from the court’s standard approach to resolving all issues of fact and law together,” he said.
According to a Government Gazette notice published last year, Ms Symes directed FRV not to enter into the agreement with the union-controlled board.
The union argued Ms Symes interfered while the matter was still being arbitrated by the Fair Work Commission, claiming this had the “potential effect of undermining the commission’s process”.
In his judgment, Justice Snaden said by intervening Ms Symes “might be understood to have prejudiced the union’s position (or that of those whose interests it was entitled to represent) in the dispute”.
“Such prejudice should suffice to establish standing,” he said.
Union boss Peter Marshall on Tuesday told the Herald Sun: “The Minister failed in her attempt to silence the union from challenging her actions to try and undermine a consent arbitration between FRV and UFU to settle a dispute.”
A government spokeswoman said: “It would be inappropriate to comment on matters before the court.”
The matter will be listed for a case management hearing at a later date.
Man to face court over ‘Pam the Bird’ graffiti attacks
A man has been charged over some of Melbourne’s most high-profile “Pam the Bird” graffiti attacks, including on the Flinders Street Station clock and CityLink “Cheese Stick” column.
Coward punch thug to spend years in jail for vicious Southbank attack
A man who dealt a catastrophic coward punch to his victim during a cocaine-fuelled night out looked at his loved ones in disbelief after learning he would spend years behind bars.