Miller v University of New South Wales [2000] FCA 1563

FEDERAL COURT OF AUSTRALIA

Miller v University of NSW [2000] FCA 1563

industrial LAW – certified agreement – whether a person whose employment has been terminated can be "an employee whose employment is subject to the agreement" for the purposes of ss 178(5A) or 413A of the Workplace Relations Act 1966 (Cth) – whether the Court has jurisdiction to make a declaration regarding certified agreements other than under s 413A – whether salary can be recovered under the certified agreement for a period after the termination of employment – whether further pre-trial steps in this proceeding should await the determination by the Full Bench of the Federal Court of a related proceeding seeking prerogative writs against the Full Bench of the Industrial Relations Commission

Workplace Relations Act 1996 (Cth) ss 170M, 170MA, 178, 179, 413A Workplace Relations and Other Legislation Amendment Act 1996 (Cth) Industrial Relations Legislation Amendment Act (No 2) 1990 (Cth) Federal Court RulesO 9 r 7, O 20 r 2, O 29 r 2 F Sharkey & Co Pty Ltd v Fisher (1980) 33 ALR 173, followed F Sharkey & Co Pty Ltd v Fisher (No 2) (1980) 33 ALR 184, followed Henry v Geoprosco International Ltd [1976] QB 726, cited Bannerton Holdings Pty Ltd v Sydbank Soenderjylland A/S (Federal Court of Australia, RD Nicholson J, 9 February 1996, unreported), cited West Australian Psychiatric Nurses' Association (Union of Workers) v Australian Nursing Federation (1991) 102 ALR 265, considered Tziortis v ACI Australian Glass Manufacturers Co (1973) 22 FLR 60, considered Cooper Brookes (Wollongong) Pty Ltd v Federal Commission of Taxation (1981) 147 CLR 297, applied R v Industrial Court (SA); ex parte General Motors-Holdens Pty Ltd (1975) 10 SASR 582, cited DAVID MILLER v UNIVERSITY OF NEW SOUTH WALES N 907 of 2000 BRANSON J SYDNEY 7 NOVEMBER 2000