CPSU, Community & Public Sector Union v Telstra Corporation Limited [2000] FCA 844

FEDERAL COURT OF AUSTRALIA

CPSU, The Community and Public Sector Union v Telstra Corporation Limited [2000] FCA 844

INDUSTRIAL LAW – freedom of association – instruction by employer to discriminate against award-based employees – instruction not implemented - whether injury to employees or alteration of their position to their prejudice, for a prohibited reason – whether threat to that effect, for a prohibited reason – whether threat must be communicated

Workplace Relations Act 1996 (Cth) ss 298K, 298L

BHP Iron Ore Pty Ltd v Australian Workers' Union [2000] FCA 430 applied Childs v Metropolitan Transport Trust (1981) IAS Current Review 946 followed Gietzelt v Craig-Williams Pty Ltd (No 1) (1959) 1 FLR 456 followed Hackett v Baiss (1875) 20 Eq 494 cited Health Services Union of Australia v Tasmania (1996) 73 IR 140 discussed Maritime Union of Australia v Geraldton Port Authority (1999) 93 FCR 34 applied Maritime Union of Australia v Patrick Stevedores No 1 Pty Ltd (1998) 77 FCR 456 cited Patrick Stevedores Operations No 2 Proprietary Limited v Maritime Union of Australia (1998) 195 CLR 1 cited Redland Bricks Ltd v Morris [1970] AC 652 cited Squires v Flight Stewards Association of Australia (1982) 2 IR 155 followed CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION, ASSOCIATION OF PROFESSIONAL ENGINEERS, SCIENTISTS AND MANAGERS, AUSTRALIA, COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA and PROFESSIONAL OFFICERS' ASSOCIATION (VICTORIA) v TELSTRA CORPORATION LIMITED V 194 of 2000 JUDGE: FINKELSTEIN J PLACE: MELBOURNE DATE: 23 JUNE 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 194 of 2000

BETWEEN: CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION, ASSOCIATION OF PROFESSIONAL ENGINEERS, SCIENTISTS AND MANAGERS, AUSTRALIA, COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA and PROFESSIONAL OFFICERS' ASSOCIATION (VICTORIA)