CPSU, the Community & Public Sector Union & Anor v Crown in Right of the State of Victoria & Anor [1998] FCA 1582

FEDERAL COURT OF AUSTRALIA

INDUSTRIAL LAW Ð application seeking injunction to restrain the Employment Advocate from issuing approval notices in respect of certain agreements Ð whether an agreement to terminate an Australian Workplace Agreement which depends upon the occurrence of a contingent event ought to be construed as a Òtermination agreementÓ pursuant to the Workplace Relations Act 1996 (Cth).

Workplace Relations Act 1996 (Cth) ss170LE, 170LK, 170VF, 170VH, 170VJ, 170VM, 170VQ, 170VZ CPSU, the Community and Public Sector Union Pty Ltd v Pacific Access Pty Ltd, (Marshall J, 4 December 1998, unreported), referred to

CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION and GARY JAMES NIEWAND ÐvÐ CROWN IN RIGHT OF THE STATE OF VICTORIA and ALAN ROWE, EMPLOYMENT ADVOCATE

VG 582 of 1998

MARSHALL J

MELBOURNE

9 DECEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 582 of 1998

BETWEEN: CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION

First Applicant

GARY JAMES NIEWAND

Second Applicant

AND: CROWN IN RIGHT OF THE STATE OF VICTORIA

FIRST Respondent

ALAN ROWE, EMPLOYMENT ADVOCATE

SECOND RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 9 DECEMBER 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The order numbered one of the orders made on 28 October 1998 be set aside.

2. The application be dismissed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 582 of 1998

BETWEEN: CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION

First Applicant

GARY JAMES NIEWAND

Second Applicant

AND: CROWN IN RIGHT OF THE STATE OF VICTORIA