Orchard, David John v Victoria Police Gehrig, Patrick Bernhard v Victoria Police Glasgow, Allan Stuart v Victoria Police [1998] FCA 44

FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW - termination of employment - applicants members of the Victoria Police Force - whether employer/employee relationship exists between the Crown and a member of a police force - whether Division 3 of Part IVA ("the Division") of the Workplace Relations Act 1996 treats "employment" as a wider concept than the traditional employer/employee relationship.

PRACTICE AND PROCEDURE - claim brought in accrued jurisdiction of the Federal Court - identical claim already before the Federal Court through cross vesting order from the Supreme Court of Victoria - whether claim in the accrued jurisdiction of the Federal Court should be determined or considered otiose. Workplace Relations Act 1996 (Cth) Div 3 Pt VIA, s 170EA Convention Concerning Termination of Employment at the Initiative of the Employer Art 2 Workplace Relations Regulations, Reg 30BB Australian Federal Police Act 1979 (Cth), s 6 Vanda Russell Gould v Martin Russell Brown (2 February 1998, High Court of Australia, unreported), discussed Konrad v Victoria Police (Marshall J, 22 January 1998, unreported), followed John Ward v Commissioner of Police (Moore J, 14 January 1998, unreported), not followed Attorney-General for New South Wales v Perpetual Trustee Company (Limited) (1952) 85 CLR 237, applied Victoria v The Commonwealth (1996) 187 CLR 416, discussed DAVID JOHN ORCHARD v VICTORIA POLICE VI 1339 of 1997 PATRICK BERNARD GEHRIG v VICTORIA POLICE VI 1340 of 1997 ALLAN STUART GLASGOW v STATE OF VICTORIA VI 1406 of 1997 MARSHALL J MELBOURNE 6 FEBRUARY 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY vi 1339 of 1997

BETWEEN: DAVID JOHN ORCHARD

Applicant

and: victoria police

respondent

JUDGE: MARSHALL J

DATE OF ORDER: 6 FEBRUARY 1998