Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing, & Allied Services Union of Australia v Australian Postal Corporation [1998] FCA 657

FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW - Alleged breach of industrial award - Provision allowing access to employer's notice boards for display of notices in relation to union's affairs - Employer entitled to remove any "offensive notice" - Circular critical of rival unregistered union and people supporting it removed by employer - Whether award provision rendered unenforceable by s 127AA of Workplace Relations Act - Whether circular was an "offensive notice" - Entitlement of employer to remove - Penalty.

Workplace Relations Act 1996, ss 127AA, 178 and 356

COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA

v AUSTRALIAN POSTAL CORPORATION

NG245 OF 1998

JUDGE: WILCOX J

PLACE: SYDNEY

DATE: 12 JUNE 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG245 of 1998

BETWEEN: COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA

Applicant

AND: AUSTRALIAN POSTAL CORPORATION

Respondent

JUDGE WILCOX J

DATE OF ORDER: 12 june 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Within 28 days the respondent, Australian Postal Corporation, pay to the Registrar a penalty pursuant to s 178 of the Workplace Relations Act 1996 in the sum of one thousand dollars ($1,000). 2. The Registrar pay one half of the said penalty to the Consolidated Revenue Fund and pay the remainder to the applicant, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG245 of 1998