Commonwealth Bank of Australia v Finance Sector Union of Australia [2002] FCAFC 193

FEDERAL COURT OF AUSTRALIA

Commonwealth Bank of Australia v Finance Sector Union of Australia

[2002] FCAFC 193

WORKPLACE RELATIONS – leave to appeal from interlocutory order – where employer discontinued the provision of technology services by way of internal department and contracted services to external company – where a number of employees remained employed by the Bank on Award terms but seconded to external company – whether redundancy occurred within meaning of cl 42 of the Commonwealth Bank of Australia Officers Award 1990 WORDS AND PHRASES – "redundancy", "work" Workplace Relations Act 1996 (Cth) s 178 Warramunda Village Inc v Pryde (2001) 105 FCR 437 referred to Warramunda Village Inc v Pryde [2002] FCA cited Hawkins v Commonwealth Bank of Australia (1996) 66 IR 322 referred to Hawkins v Commonwealth Bank of Australia (No 2) (1996) 70 IR 213 applied Termination, Change and Redundancy Case (1984) 8 IR 34, (1984) 9 IR 115 cited Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v United Milk Tasmania Ltd (2000) 48 AILR 4-315 (Print S7351) cited Steppes Pty Ltd (t/a The Beaufort Darwin) v Australian Liquor, Hospitality and Miscellaneous Workers Union (1998) 86 IR 337 cited Trustee Officers' Award Case (1983) 290 CAR 100 and on appeal (1983) 291 CAR 200 cited In re Bank Officers (State) Board (1921) 20 AR (NSW) 303 cited Re Government Cleaning Service (Privatisation) Award (No 2) (1994) 55 IR 199 cited Re Government Cleaning Service (Privatisation) Award (No 3) (1995) 59 IR 348 cited Re Australian Education Union; Ex parte Victoria (1995) 184 CLR 188 at 232 cited Australian Municipal, Administrative, Clerical & Services Union v Greater Dandenong City Council (2000) 101 IR 143 cited Greater Dandenong City Council v Australian Municipal, Administrative, Clerical & Services Union (2001) 112 FCR 232 cited Construction, Forestry, Mining & Energy Union v Amcor Ltd [2002] FCA 610 cited