Finance Sector Union of Australia v Commonwealth Bank of Australia [1999] FCA 1250

FEDERAL COURT OF AUSTRALIA Finance Sector Union of Australia v Commonwealth Bank of Australia [1999] FCA 1250 PRACTICE AND PROCEDURE – Representative action – Industrial law – Claim by union and one individual on behalf of 71 employees against employer for retrenchment benefits – Benefits said to be payable under award and also pursuant to individual contracts of employment which were said to incorporate terms of an agreement between the union and the employer – Whether applicants identified a substantial common question of law or fact – Relevance of possible differences in terms of individual contracts of employment – Whether representative proceeding may be brought in respect of claim for penalty – Materiality of fact that one applicant does not make a claim in respect of relief claimed a cause of action falling within the Courts accrued jurisdiction.

Federal Court of Australia Act 1976, ss 33C and 33D Workplace Relations Act 1996, ss 178 and 356 Commonwealth Bank of Australia Officers Award 1990, cl 42

FINANCE SECTOR UNION OF AUSTRALIA AND KENNETH MACEY v COMMONWEALTH BANK OF AUSTRALIA

N262 OF 1999

WILCOX, RYAN and MADGWICK JJ

SYDNEY

10 SEPTEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N262 of 1999

APPLICATION FOR LEAVE TO APPEAL FROM A JUDGE OF THE

FEDERAL COURT OF AUSTRALIA

BETWEEN: FINANCE SECTOR UNION OF AUSTRALIA

First Applicant

KENNETH MACEY

Second Applicant

AND: COMMONWEALTH BANK OF AUSTRALIA

Respondent

JUDGES: WILCOX, RYAN and MADGWICK JJ

DATE OF ORDER: 26 AUGUST 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for leave to appeal be dismissed.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N262 of 1999

APPLICATION FOR LEAVE TO APPEAL FROM A JUDGE OF THE