Australian Rail Tram & Bus Industry Union v Torrens Transit Services Pty Ltd [2000] FCA 1683

FEDERAL COURT OF AUSTRALIA

Australian Rail Tram & Bus Industry Union v Torrens Transit Services Pty Ltd [2000] FCA 1683 INDUSTRIAL LAW - application of certified agreement - "transfer" of business - "transfer" of business of providing passenger transport from government enterprise to non-government enterprise through statutory approval scheme - statutory authority contracted to enterprises to provide services but could not itself directly provide services - unlawful to provide such services without contract with statutory authority - whether certified agreement continued to apply - application of words "successor, assignee or transmittee (whether immediate or not) of the whole or a part of the business" within the meaning of s 170MB(2) of the Workplace Relations Act 1996 (Cth) - consideration of approach to determining whether a transmission has occurred - whether same business transmitted in light of different geographical areas of service and different terms and conditions - requirement of legal nexus. Commonwealth Conciliation and Arbitration Act (No 2) 1914 (Cth) (Act 18 of 1914) Conciliation and Arbitration Act 1904 (Cth) s 24(1) Industrial Relations (Reform) Act 1993 (Cth) (Act 98 of 1993) Industrial Relations Act 1988 (Cth) Workplace Relations Act 1996 (Cth) ss 170L, 170LT, 170LU, 170LX, 170LY, 170M(1)(b), 170MB(2), 170MN, 170WG(1) and 298U Workplace Relations and Other Legislation Amendment Act 1996 (Act 60 of 1996) Workplace Relations and Other Legislation Amendment Act 1997 (Cth) (Act 198 of 1997) s 2 and s 3, Sch 7 cl 1 Passenger Transport Act 1994 (SA) ss 6(3), 7, 19, 20(2), 39, 39(4), 40, 41, 42 Public Corporations Act 1993 (SA) s 6 State Transport Authority Act 1974 (SA) TransAdelaide (Corporate Structure) Act 1998 (SA) s 6 Health Services Act 1988 (Vic) Federal Court Rules O 29 Community and Public Sector Union v Stellar Call Centres Pty Ltd (1999) 92 IR 224 applied Employment National Ltd v CPSU, The Community and Public Sector Union (2000) 173 ALR 201 referred to George Hudson Ltd v The Australian Timber Workers Union (1923) 32 CLR 413 considered, distinguished Australian Meat Industry Employees Union v Mt Shank Meat Processing Pty Ltd (von Doussa J, 21 May 1998, unreported) considered, distinguished Re Australian Industrial Relations Commission; ex parte Australian Transport Officers Federation (1990) 171 CLR 216 applied Re Crown Employees Roads & Traffic Authority of New South Wales (Officers Salaries & Conditions) Award (1989) 29 IR 120 referred to North Western Health Care Network v Health Services Union of Australia (1999) 164 ALR 147 applied Health Services Union of Australia v North Eastern Health Care Network (1997) 79 FCR 43 considered Australian Federation of Air Pilots v Skywest Airlines Pty Ltd (1996) 67 IR 347 applied Bransgrove v Ward & Syred [1931] AR (NSW) 272 referred to PP Consultants Pty Ltd v Finance Sector Union [2000] HCA 59 considered Finance Sector Union v PP Consultants (1999) 91 FCR 337 considered Registrar of Titles (WA) v Franzon (1975) 50 ALJR 4 referred to Crosilla v Challenge Property Services [1982] 2 IR 448 referred to AUSTRALIAN RAIL TRAM AND BUS INDUSTRY UNION and TRANSPORT WORKERS UNION OF AUSTRALIA v TORRENS TRANSIT SERVICES PTY LTD (ACN 091 343 887) MANSFIELD J 21 NOVEMBER 2000 ADELAIDE