CPSU, Community & Public Sector Union v Stellar Call Centres Pty Ltd [1999] FCA 1224

FEDERAL COURT OF AUSTRALIA CPSU, Community & Public Sector Union v Stellar Call Centres Pty Ltd [1999] FCA 1224 INDUSTRIAL LAW – Application of awards and certified agreements – Transmission provisions of Act – Outsourcing of employer's activities – Respondent operating a customer call back centre pursuant to contract with Telstra – Centre identical to those operated by Telstra – Whether respondent bound by Telstra awards and certified agreements – Test for determining whether respondent is "successor, assignee or transmittee" of part of Telstra's business – Whether it is necessary that the transmitted part of the business be a free standing commercially viable business. North Western Health Care Network v Health Services Union of Australia [1999] FCA applied Workplace Relations Act 1996, ss149(1)(d), 170MB(1), 285C, 285E and 356 CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION, CLAIRE MOORE, DAVID LETIZIA and STEPHEN JONES v STELLAR CALL CENTRES PTY LIMITED N241 of 1999 COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING & ALLIED SERVICES UNION OF AUSTRALIA v STELLAR CALL CENTRES PTY LIMITED N676 of 1999

WILCOX J SYDNEY 3 SEPTEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N241 of 1999

BETWEEN: CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION

First Applicant

CLAIRE MOORE

Second Applicant

DAVID LETIZIA

Third Applicant

and

STEPHEN JONES

Fourth Applicant

AND: STELLAR CALL CENTRES PTY LIMITED

Respondent

JUDGE: WILCOX J

DATE: 3 SEPTEMBER 1999

PLACE: SYDNEY

THE COURT ORDERS THAT: 1. It be declared that, in relation to employees of the respondent, Stellar Call Centres Pty Limited, engaged on work required to be done by the respondent in the performance of any contract substantially to the effect of the draft contract which is exhibit SM15 herein: (a) the following awards apply: (i) Telstra/CPSU Consolidated Award 1996 [Print N7759]; and (ii) Telstra Corporation General Conditions of Service Award 1996 [Print Q2734]; and (b) the following certified agreements apply: (i) Telstra Corporation 1995-97 Enterprise Agreement; (ii) Australian and Overseas Telecommunications Corporation Redundancy Agreement 1993; and (ii) Telstra Customer Service Representative Competancy Board Training and Pay Structure Agreement 1996. 2. The respondent by itself its servants or agents, refrain from contravening s285E of the Workplace Relations Act 1996 by refusing or unduly delaying entry to the premises of the respondent at Robina Centre by officers and employees of the Community and Public Sector Union entitled to enter those premises under s285C of the said Act. 3. Within 28 days the respondent pay a penalty of $2,000. 4. Under s356 of the Act, one half the amount of the penalty be paid to the Community and Public Sector Union. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.