CPSU v Telstra Corporation Ltd [2000] FCA 1610

FEDERAL COURT OF AUSTRALIA

CPSU v Telstra Corporation Ltd [2000] FCA 1610

INDUSTRIAL LAW - certified agreements - employer arranging to conduct ballot before submitting agreements for certification - whether action taken with intent to coerce one union to become party to agreements which other rival unions had endorsed - meaning of "intent to coerce" in s 170NC of Workplace Relations Act 1996.

INJUNCTIONS - interlocutory orders sought to restrain employer from conducting ballot of employees and seeking certification by Commission of enterprise agreements - relevant discretionary considerations - powers of Commission to refuse certification or rectify agreement submitted for certification - effect on other unions and employees potentially affected by delayed wage increases - inadequacy of applicant's undertaking as to damages. Workplace Relations Act 1996 (Cth) Part VIB Divisions 2, 3and 9, ss 170, 170LI, 170LT, 170LU, 170NB, 170NC, 170WG National Tertiary Education Industry Union v University of Technology, Sydney [2000] FCA 874 (unreported, 7 June 2000) Finance Sector Union of Australia v Commonwealth Bank of Australia [2000] FCA 1468 unreported, 17 October 2000) Schanka v Employment National (Administration) Pty Ltd (2000) 170 ALR 42 Hanley v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2000] FCA 1188 (unreported, 24 August 2000) Maritime Union of Australia v Burnie Port Corporation Pty Ltd [2000] FCA 1189 (unreported, 24 August 2000) CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION v TELSTRA CORPORATION LIMITED (ACN 051 775 556) V 865 of 2000

RYAN J MELBOURNE 13 NOVEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 865 of 2000

BETWEEN: CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION

Applicant

AND: TELSTRA CORPORATION LIMITED (ACN 051 775 556)