CPSU, Community & Public Sector Union & Ors v Commonwealth of Australia [1999] FCA 653

FEDERAL COURT OF AUSTRALIA

CPSU, Community & Public Sector Union v Commonwealth of Australia [1999] FCA 653 INDUSTRIAL LAW – Interlocutory relief – breach of statutory duty – whether conduct of the respondent contravened the statutory scheme provided by the Public Service Act 1922 (Cth) – whether breach of contract – whether respondent's intended restructure undertaken for a prohibited reason within the meaning of ss 298L & 298K of the Workplace Relations Act 1996 (Cth) – whether the respondent applied duress contrary to s170WG(1) of the Workplace Relations Act 1996 (Cth) in stipulating the signing of an Australian Workplace Agreement to be a precondition to selection for a new position – whether serious issue to be tried – whether proceeding should continue as a representative proceeding – whether Deputy Registrars of the Family Court are officers of the Commonwealth and members of the representative group Workplace Relations Act 1996 (Cth) ss 170VZ, 170WG, 298K, 298L Public Service Act 1922 (Cth) s 27, Div 6 of Part III Federal Court of Australia Act 1976 (Cth) s 33E

Federal Court of Australia Amendment Bill 1991(Cth) Family Law Act 1975 (Cth) ss 37, 37A, 37B, 38A, 38B, 38Q, 38N

The Continuous Improvement in the APS Enterprise Agreement 1995-96 Director-General of Education (NSW) v Suttling (1987) 162 CLR 427, distinguished Re Winton; Ex p Jolliffe (1987) 17 FCR 89, applied

CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION and OTHERS v COMMONWEALTH OF AUSTRALIA

V 183 of 1999 MARSHALL J MELBOURNE 14 MAY 1999

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 183 of 1999

BETWEEN: CPSU, The Community and Public Sector Union

First Applicant

Guy Burridge, Dianne Pendergast, Susan Gardiner, Elisa Harris, Andrea Bowler, Julieanne A'Iezzaddin, Joe Pesce, Pam Richards, Brian Leaver, Jane Houston and Helen Jukes