Community & Public Sector Union v Telstra Corporation Ltd [2001] FCA 267

FEDERAL COURT OF AUSTRALIA

Community & Public Sector Union v Telstra Corporation Ltd [2001] FCA 267

INDUSTRIAL LAW – freedom of association – instruction by employer to discriminate against award-based employees in the process of selecting employees for redundancy – instruction not implemented – whether position of the employees has been altered to their prejudice for a prohibited reason Workplace Relations Act 1996 (Cth) ss 298K and 298L Gietzelt v Craig-Williams (No 2) (1959) 1 FLR 465 - cited Squires v Flight Stewards Association of Australia (1982) 2 IR 155 - cited Patricks Stevedores Operations No 2 Proprietary Limited v Maritime Union of Australia (1998) 195 CLR 1 - applied Maritime Union of Australia v Geraldton Port Authority (1999) 93 FCR 34 - cited BHP Iron Ore Pty Ltd v Australian Workers' Union (2000) 171 ALR 680 - considered Flower & Hart v White Industries (Qld) Pty Ltd (1999) 87 FCR 134 - cited COMMUNITY AND PUBLIC SECTOR UNION v TELSTRA CORPORATION LTD AND ANOR v TELSTRA CORPORATION LTD V 505 OF 2000 JUDGES: BLACK CJ, RYAN AND MERKEL JJ DATE: 21 MARCH 2001 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 505 OF 2000

On appeal from a Judge of the Federal Court of Australia

BETWEEN: COMMUNITY AND PUBLIC SECTOR UNION

FIRST APPELLANT

COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICE UNION OF AUSTRALIA

SECOND APPELLANT

AND: TELSTRA CORPORATION LTD

RESPONDENT JUDGES: BLACK CJ, RYAN AND MERKEL JJ

DATE OF ORDER: 21 MARCH 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The orders of the primary judge made on 23 June 2000 be set aside. 2. The matter be remitted to the primary judge to be determined in accordance with these reasons for judgment.