CPSU, Community & Public Sector Union v State of Victoria [2000] FCA 786

FEDERAL COURT OF AUSTRALIA

CPSU, The Community and Public Sector Union v State of Victoria

[2000] FCA 786

INDUSTRIAL LAW – whether respondent in contravention of s298K of the Workplace Relations Act 1996 (Cth) – whether threat alleged to have been made by respondent was, on the balance of probabilities, actually made – onus of applicants to prove alleged conduct – whether onus of proof satisfied Workplace Relations Act 1996 (Cth) s298K

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

CPSU, The Community and Public Sector Union v State of Victoria [2000] FCA 14 referred to

CPSU, The Community & Public Sector Union v Crown in Right of the State of Victoria [1999] FCA 948 referred to

Maritime Union of Australia v Geraldton Port Authority [1999] FCA 899; (1999) 93 FCR 34 followed

Jones v Thiess Bros Pty Ltd (1977) 30 FLR 422 followed

Cuevas v Freeman Motors Ltd (1975) 25 FLR 67 followed

CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION & ORS v STATE OF VICTORIA V 107 of 1999 MARSHALL J MELBOURNE 22 JUNE 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 107 of 1999

BETWEEN: CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION

FIRST APPLICANT

ROBERT MURRELL

SECOND APPLICANT

DARREN JOHN HUTCHINS

THIRD APPLICANT

AND: STATE OF VICTORIA

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 22 JUNE 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application, insofar as it concerns the issue raised at par 42 of the amended statement of claim, be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 107 of 1999

BETWEEN: CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION