Telstra Corp Ltd v MacBean [2000] FCA 437

FEDERAL COURT OF AUSTRALIA

Telstra Corp Ltd v MacBean [2000] FCA 437 INDUSTRIAL LAW – award – power to amend or vary an award – certified agreement – award previously defined to include certified agreement – definition amended to exclude certified agreement by the Workplace Relations and Other Legislation Amendment Act 1996 (Cth) ("the WROLA Act") – whether certified agreement made before the WROLA Act should nevertheless continue to be treated as an award – whether a certified agreement is an award for the purpose of Item 49 of Sch 5 of the WROLA Act – effect of saving provision WORDS & PHRASES – "award", "have effect" Workplace Relations Act 1996 (Cth) s 113 Workplace Relations and Other Legislation Amendment Act 1996 (Cth) Sch 5 Item 49

Bass v Permanent Trustee Co Ltd (1999) 161 ALR 399 referred to Beitseen v Johnson (1989) 29 IR 336 referred to Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union v Australian Industrial Relations Commission (1999) 89 FCR 127, [1999] FCA 804 referred to Cooper Brookes (Wollongong) Pty Ltd v The Commissioner of Taxation of the Commonwealth of Australia (1981) 147 CLR 297 referred to Jones v Wrotham Park Settled Estates [1980] AC 74 referred to Maxwell v Murphy (1956) 96 CLR 261 referred to Transport Workers Union of Australia v Barry Hansch (Full Court of the Industrial Relations Court of Australia, Marshall, North and Madgwick JJ, 7 September 1998, unreported) referred to Victorian Stevedoring and General Contracting Co Pty Ltd v Dignan (1931) 46 CLR 73 referred to TELSTRA CORPORATION LIMITED v THE HONOURABLE JOHN MACBEAN, A SENIOR DEPUTY PRESIDENT OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION, THE HONOURABLE IAN WATSON, A SENIOR DEPUTY PRESIDENT OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION, JOHN LEWIN, A COMMISSIONER OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION, GRAHAM HOLMES, A COMMISSIONER OF THE AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING and ALLIED SERVICES UNION OF AUSTRALIA; THE ASSOCIATION OF PROFESSIONAL ENGINEERS, SCIENTISTS and MANAGERS AUSTRALIA; THE AUSTRALIAN LIQUOR, HOSPITALITY and MISCELLANEOUS WORKERS UNION; THE AUTOMOTIVE FOOD, METALS, ENGINEERING, PRINTING and KINDRED INDUSTRIES UNION and THE COMMUNITY and PUBLIC SECTOR UNION V215 of 1999 JUDGES: RYAN, MARSHALL & FINKELSTEIN JJ DATE: 7 APRIL 2000 PLACE: MELBOURNE