Stellar Call Centres Pty Ltd v CEPU [2001] FCA 106

FEDERAL COURT OF AUSTRALIA

Stellar Call Centres Pty Ltd v CEPU [2001] FCA 106

INDUSTRIAL LAW – Workplace Relations Act 1996 (Cth) – industrial awards and certified agreements binding on Telstra Corporation Ltd – whether appellant a "successor, assignee, or transmittee" of part of the business of Testra – appropriate test – insufficient to ask whether Telstra has disposed of an important aspect of operating its business – necessary to determine whether the character of the business of the appellant is in substance identical with the business or part of the business of Telstra Workplace Relations Act 1996 (Cth) ss 149(1)(d), 170MB(1) North Western Health Care Network v Health Services Union of Australia (1999) 92 FCR 477, considered PP Consultants Pty Limited v Finance Sector Union of Australia (2000) 176 ALR 205, followed Finance Sector Union of Australia v PP Consultants Pty Limited (1999) 91 FCR 337, not followed STELLAR CALL CENTRES PTY LIMITED v CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION, CLARE MOORE, DAVID LETIZIA and STEPHEN JONES N 978 of 1999 STELLAR CALL CENTRES PTY LIMITED v CEPU, THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA N 1298 of 1999 RYAN, LEE and BRANSON JJ SYDNEY 21 FEBRUARY 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 978 of 1999

BETWEEN: STELLAR CALL CENTRES PTY LIMITED

Appellant

AND: CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION, CLAIRE MOORE, DAVID LETIZIA and STEPHEN JONES Respondents

JUDGES: RYAN, LEE and BRANSON JJ

DATE OF ORDER: 21 FEBRUARY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. Each of the orders of 3 September 1999 be set aside and in lieu thereof the application be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.