Finance Sector Union of Australia v Commonwealth Bank of Australia [1999] FCA 824

FEDERAL COURT OF AUSTRALIA

Finance Sector Union of Australia v Commonwealth Bank of Australia [1999] FCA 824

Workplace Relations Act 1996 (Cth), s 178(6) Federal Court of Australia Act 1976 (Cth), s 33C Lidden v Composite Buyers (1996) 139 ALR 549, cited Zhang v Minister for Immigration, Local Government and Ethnic Affairs (1993) 45 FCR 384, cited Silkfield Pty Ltd v Wong (1998) 159 ALR 329, cited ACCC v Giraffe World Australia Pty Ltd (1998) 156 ALR 273, cited Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 153 ALR 643, cited FINANCE SECTOR UNION OF AUSTRALIA & ANOR v COMMONWEALTH BANK OF AUSTRALIA LIMITED N 262 OF 1999 O'CONNOR J SYDNEY 18 JUNE 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 262 OF 1999

BETWEEN: FINANCE SECTOR UNION OF AUSTRALIA

First Applicant

KENNETH MACEY

Second Applicant

AND: COMMONWEALTH BANK OF AUSTRALIA LIMITED

Respondent

JUDGE: O'CONNOR J

DATE OF ORDER: 18 JUNE 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The respondent's application for a stay of Federal Court proceedings N 262 of 1999 be adjourned until the appeal in NG 823 of 1998 is either determined or until further order of the Court. 2. Pursuant to the provisions of s 33J(1) of the Act the Court fixes 2 July 1999 as the date before which a group member may opt out of the representative proceedings in this matter. (a) Pursuant to the provisions of s 33Y(1) of the Act, the Court approves the form and content of the notice provided by the applicant to be given to the group members. (b) The notice shall be served by the first applicant on the group members by post at the last known address of each member of the first applicant as appears in the records of the first applicant. (c) Where the first applicant has no address or no current address for a group member the respondent shall supply the last known address for that group member to the first applicant and the first applicant shall serve the notice by post on that member at the address provided by the respondent. 3. The question of the application of and alleged breach of Clause 42 of the Commonwealth Bank of Australia Officers Award 1990 be tried separately from any other question arising in the proceedings. 4. The applicants' motion for an order for injunctive relief, as indicated in paragraph 4 of its Amended Notice of Motion, be dismissed. 5. The respondent's motion for the orders as contained in paragraph 2 of its Amended Notice of Motion filed on 31 May 1999 be dismissed. 6. Costs be costs in the cause.