Australia and New Zealand Banking Group Limited v Australian Industrial Relations Commission, in the matter of Australia and New Zealand Banking Group Limited [2003] FCAFC 238

FEDERAL COURT OF AUSTRALIA

Australia and New Zealand Banking Group Limited v Australian Industrial Relations Commission, in the matter of Australia and New Zealand Banking Group Limited [2003] FCAFC 1140 INDUSTRIAL RELATIONS – prerogative relief - Workplace Relations Act 1996 (Cth) – interpretation of award and certified agreement – meaning of "required severance pay" in award – whether claim concerning severance pay to identified workers in the events that occurred is a "matter at issue during bargaining period" – whether s 170N of the Act precludes the Commissioner from arbitrating claim for variation in award while bargaining period remains in force Workplace Relations Act 1996 (Cth) s 113(2), s 111(1), s 170MI, s 170N THE HONOURABLE JUSTICE GEOFFREY GIUDICE, THE HONOURABLE SENIOR DEPUTY PRESIDENT IAN WATSON AND COMMISSIONER ANNALEE CRIBB, MEMBERS OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION and FINANCE SECTOR UNION OF AUSTRALIA in the matter of AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED No V 228 of 2003 THE HONOURABLE JUSTICE GEOFFREY GIUDICE, THE HONOURABLE SENIOR DEPUTY PRESIDENT IAN WATSON AND COMMISSIONER ANNALEE CRIBB, MEMBERS OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION and AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED in the matter of FINANCE SECTOR UNION OF AUSTRALIA No V 229 of 2003 SPENDER, BRANSON, NORTH JJ 28 OCTOBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 228 OF 2003

ON REMITTAL FROM A JUDGE OF THE HIGH COURT OF AUSTRALIA

BETWEEN: THE HONOURABLE JUSTICE GEOFFREY GIUDICE, THE HONOURABLE SENIOR DEPUTY PRESIDENT IAN WATSON AND COMMISSIONER ANNALEE CRIBB, MEMBERS OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

FIRST RESPONDENTS

FINANCE SECTOR UNION OF AUSTRALIA