Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Finance Sector Union of Australia v PP Consultants Pty Ltd [1999] FCA 1251 INDUSTRIAL LAW – Application of award – Transmission of business – Bank closed branch and appointed agent to conduct similar activities in conjunction with agent's pharmacy business – Whether award continued to apply – Application of words "any successor, assignee or transmittee … to or of the business or part of the business of an employer" – Test for determining issue of transmission – Whether it is necessary that a "part of the business" be an independently viable business.
Re Australian Industrial Commission; ex parte Transport Officers Federation (1990) CLR 216 applied North Western Health Care Network v Health Services Union of Australia [1999] FCA 897 followed Workplace Relations Act 1996, s149(1)(d)
FINANCE SECTOR UNION OF AUSTRALIA v PP CONSULTANTS PTY LIMITED t/as BYRON BAY PHARMACY
N504 of 1999 WILCOX, RYAN & MADGWICK JJ SYDNEY 10 SEPTEMBER 1999
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N504 of 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: FINANCE SECTOR UNION OF AUSTRALIA
Appellant
AND: PP CONSULTANTS PTY LIMITED t/as BYRON BAY PHARMACY
Respondent
JUDGES: WILCOX, RYAN and MADGWICK JJ
DATE OF ORDER: 10 SEPTEMBER 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be upheld and the orders made by Mathews J on 12 May 1999 be set aside. 2. The matter be remitted to Mathews J for further hearing and determination.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N504 of 1999
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: FINANCE SECTOR UNION OF AUSTRALIA
Appellant
AND: PP CONSULTANTS PTY LIMITED t/as BYRON BAY PHARMACY
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