Minister of State for Employment Workplace Relations and Small Business v CPSU, Community and Public Sector Union [2001] FCA 316

FEDERAL COURT OF AUSTRALIA

Minister of State for Employment Workplace Relations and Small Business v CPSU, Community and Public Sector Union [2001] FCA 316

INDUSTRIAL LAW – award prescribing salaries and conditions of employment for employees of the former Commonwealth Employment Service ("CES") under Public Service Act 1922 – formation of companies controlled by Commonwealth to engage in competitive tendering for provision of services previously supplied by CES - whether activities of new companies a "business" for purposes of Workplace Relations Act 1996 – whether new companies government authorities or agencies – whether new companies successors, assignees or transmittees from CES – whether awards and agreement formerly binding on CES binding on new companies - one company a wholly-owned subsidiary of the other and providing employees and other services for parent - whether subsidiary bound by awards formerly binding on CES - declaratory relief - utility of general declaration when extent to which party bound by award will depend on application of award on its proper construction to detailed findings of fact.

Workplace Relations Act 1996 ss 149, 170MB Re-Establishment and Employment Act 1945 ss 47, 48 Employment Services Act 1994 Public Service Act 1922 s 81C Commonwealth Services Delivery Agency Act 1997 (Cth) Industrial Relations Act 1988 (Act No 86 of 1988) s 149 Conciliation and Arbitration Act 1904 s 61 Corporations Law Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Australian Federation of Air Pilots v Skywest Airlines Pty Ltd (Industrial Relations Court of Australia, 31 October 1995, unreported) cited Australian Rail Tram & Bus Industry Union v Torrens Transit Services Pty Ltd [2000] FCA 1683 followed Barratt v Howard (2000) 96 FCR 428 followed Bransgrove v Ward and Syred (1931) AR 272 not applied CEEEIPPAU v Telstra Corporation Ltd (1998) 85 IR 318 followed Clyne v Federal Commissioner of Taxation (1980) 49 FCR 25 followed Community & Public Sector Union v Stellar Call Centres Pty Ltd (1999) 92 IR 224 cited Crosilla v Challenge Property Services (1982) 2 IR 448 cited Darling Point Securities Pty Ltd v Industrial Equity Pty Ltd (1991) NSWConvR 55-589 followed Deputy Commissioner of Taxation v State Bank (NSW) (1992) 174 CLR 219 followed Employment National Ltd v CPSU, The Community and Public Sector Union (2000) 173 ALR 201 cited Federation of Air Pilots v Skywest Airlines Pty Ltd (1996) 67 IR 347 cited George Hudson Ltd v Australian Timber Workers Union (1923) 32 CLR 413 distinguished Hillman v The Commonwealth (1924) CLR 260 distinguished Jenkins v NZI Securities Australia Ltd (1994) 124 ALR 605 followed Kawasaki Steel Corporation v Owners (etc) of "Daeyang Honey" (1993) 120 ALR 109 followed Meat & Allied Trades Federation of Australia v Australasian Meat Industry Employees Union (1995) 58 IR 90 cited Messier-Dowty Ltd v Sabena SA (No. 2) [2001] 1 All ER 275 followed Neeta (Epping) Pty Ltd v Phillips (1974) 131 CLR 286 followed North Western Health Care Network v Health Services Union of Australia (1999) 164 ALR 147 cited North Western Health Care Network v Health Services Union of Australia (1999) 92 FCR 477 cited PP Consultants Pty Ltd v Finance Sector Union of Australia (2000) 176 ALR 205 followed R v Coldham; Ex parte Australian Social Welfare Union (1983) 153 CLR 297 cited Re Australian Industrial Relations Commission; Ex parte Australian Transport Officers Federation (1990) 171 CLR 216 distinguished Shaw v United Felt Hats Proprietary Limited (1927) 39 CLR 533 followed State Bank of New South Wales v Commonwealth Savings Bank of Australia (1986) 161 CLR 639 cited Stellar Call Centres Pty Ltd v CEPU [2001] FCA 106 cited