Community & Public Sector Union v Crown, in Right of the State of Victoria [1999] FCA 743

FEDERAL COURT OF AUSTRALIA

Community & Public Sector Union v Crown in Right of the State of Victoria [1999] FCA 743 INDUSTRIAL LAW – representative proceeding – whether sub-group proceeding constitutes a separate proceeding and therefore not permitted to continue to proceed as a representative proceeding – whether pursuant to s33N of the Federal Court of Australia Act 1976 (Cth) the Court is empowered to order that a sub-group proceeding no longer continue as a representative proceeding – whether the requirement for examination of the individual circumstances of the sub-group members by way of evidence determines that the proceeding should no longer continue as a representative proceeding Federal Court of Australia Act 1976 (Cth) Part IVA, ss33N, 33Q, 33R Workplace Relations Act 1996 (Cth) ss298K, 298(L)(1)(l), 298T, 298V,

Johnson Tiles Pty Ltd v Esso Australia Limited [1999] ATPR 41-679, cited Milfull v Terranora Lakes Country Club [1998] ATPR 41-642, cited Schanka v Employment National (Administration) Pty Ltd (1999) 86 IR 283, referred to

COMMUNITY & PUBLIC SECTION UNION and MICHAEL JAMES HOYE v

CROWN IN RIGHT OF THE STATE OF VICTORIA

VG 656 of 1998

MARSHALL J MELBOURNE 7 JUNE 1999

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 656 OF 1998

BETWEEN: CPSU, THE COMMUNITY & PUBLIC SECTOR UNION

First Applicant

MICHAEL JAMES HOYE

Second Applicant

AND: CROWN IN RIGHT OF THE STATE OF VICTORIA

Respondent

JUDGE: MARSHALL J

DATE OF ORDER: 7 JUNE 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: The respondent's amended notice of motion dated 11 May 1999 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