Federal Court of Australia
CATCHWORDS
Commonwealth employees - standing down of employee by reason of industrial action by other employees - industrial action at an end before declaration purporting to stand down employee made - whether declaration valid - Commonwealth Employees (Employment Provisions) Act 1977,
ss. 3, 4, 5, 6, 7 and ll.
Appeal - preliminary question answered by single judge - whether appeal lies from that decision to a Full Court - Federal Court of Australia Act 1976, ss.24 and 25; Federal Court Rules, Order 29, Rules 1, 2, 3 and 4.
MEREDYTH TOWN v. AUSTRALIAN TELECCMMUNICATIONS COMMISSION and ALFRED ALEXANDER_EVES
No. N.S.W. G 110 of 1982
Coram: Franki, McGregor and Sheppard Ju. 7 April, 1983
Sydney
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G 110 of 1982
GENERAL DIVISION
JUDGES MAKING ORDER DATE _OF ORDER
On Appeal from_a_ single Judge of the Federal Court BETWEEN
MEREDYTH TOWN
Appellant AND
AUSTRALIAN TELECOMMUNICATIONS COMMISSION and ALFRED ALEXANDER EVES
Respondents
ORDER
Franki, McGregor and Sheppard JJ
oe
7 April, 1983
WHERE MADE : Sydney
THE COURT ORDERS THAT:
i.
2.
4. 7
The appeal be allowed.
The answer to question 2(a) of the questions submitted by the parties for decision of the primary judge be set aside and in lieu thereof the following answer be sub- stituted, namely, "For a declaration pursuant to s.5 of
the Commonwealth Employees (Employment Provisions) Act 1977
to be valid, the industrial action upon which the notice is °
based must be in existence at the time the declaration 1s
made."
The respondents pay the appellant's costs of the argument before this Court.
The matter be remictea to a single juuge of this Court.
IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G 110 of 1982 GENERAL DIVISION )
On Appeal from_a single Judge of the Federal Court
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