Community & Public Sector Union v State of Victoria [2000] FCA 759

FEDERAL COURT OF AUSTRALIA

Community and Public Sector Union v State of Victoria [2000] FCA 759

INDUSTRIAL LAW - breach of award - whether respondent correctly applied "casual employment" provisions to applicants - effect of differentiation between "officers" and "casual employees" similarly expressed in award and in State Act referred to in award where applicants appointed as "casual employees" under State Act - sufficiency of reasons for primary Judge's rejection of evidence of direct physical threat - whether treatment of evidence of alleged threat consistent with finding of no contravention of s 298K of the Workplace Relations Act 1966.

Workplace Relations Act 1996 (Cth) Pt XA; ss 178, 298K, 298L, 298V Public Sector Management Act 1992 (Vic) Pt 2 Div 5A; s 35A; Schedule 1 Public Service (Non Executive Staff-Victoria) Interim Award 1996 Doyle v Sydney Steel Company Ltd (1936) 56 CLR 545 Ryde-Eastwood Leagues Club Ltd v Taylor (1994) 56 IR 385 Reed v Blue Line Cruises Ltd (1996) 73 IR 420 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Sun Alliance Insurance Ltd v Massoud [1988] VR 8 CDJ v VAJ (1998) 157 ALR 686 Kiama Constructions Pty Ltd v Davey (1996) 40 NSWLR 639

CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION, ROBERT MURRELL and DARREN JOHN HUTCHINS v CROWN IN RIGHT OF THE STATE OF VICTORIA

V41 OF 2000 RYAN, MOORE and MANSFIELD JJ MELBOURNE 8 JUNE 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V41 of 2000

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION

First Appellant

ROBERT MURRELL

Second Appellant

DARREN JOHN HUTCHINS

Third Appellant

AND: CROWN IN RIGHT OF THE STATE OF VICTORIA

Respondent