Gribbles Radiology Pty Ltd v Health Services Union of Australia [2003] FCAFC 56

FEDERAL COURT OF AUSTRALIA

Gribbles Radiology Pty Ltd v Health Services Union of Australia [2003] FCAFC 56 INDUSTRIAL LAW – Award – licence granted to an employer to provide radiology services at a medical clinic – whether the new licensee is a successor to part of the business of the previous licensee – whether there has been a transfer of part of a business where there has been no direct dealing between the successive employers.

Workplace Relations Act 1996 (Cth) s 149(1)(d) North Western Health Care Network v Health Services Union of Australia (1999) 92 FCR 477 – considered PP Consultants Pty Limited v Finance Sector Union of Australia (2000) 201 CLR 648 – applied Minister of State for Employment Workplace Relations and Small Business v Community & Public Sector Union (2001) 109 FCR 303 – considered Australian Rail Tram and Bus Industry Union v Torrens Transit Services Pty Ltd (2000) 105 FCR 88 – cited Stellar Call Centres Pty Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (2001) 106 FCR 302 – considered Australasian Meat Industry Employees Union v MT Schank Meat Processing (1998) 81 IR 157 – cited Minister for Immigration and Ethnic Affairs v Baker (1997) 73 FCR 187 – cited GRIBBLES RADIOLOGY PTY LTD v HEALTH SERVICES UNION OF AUSTRALIA; MINISTER FOR EMPLOYMENT & WORKPLACE RELATIONS AS INTERVENOR V483 of 2002 MOORE, MARSHALL & MERKEL JJ MELBOURNE 28 MARCH 2003

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 483 OF 2002

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: GRIBBLES RADIOLOGY PTY LTD (ACN 081 552 089)

APPELLANT

AND: HEALTH SERVICES UNION OF AUSTRALIA

RESPONDENT

AND: MINISTER FOR EMPLOYMENT AND WORKPLACE RELATIONS