Greater Dandenong City Council v Australian Municipal, Clerical and Services Union [2001] FCA 349

FEDERAL COURT OF AUSTRALIA

Greater Dandenong City Council v Australian Municipal, Clerical and Services Union [2001] FCA 349 INDUSTRIAL LAW – Freedom of association – Outsourcing of services – Home and community care services provided by local government council – Decision by council to engage in competitive tendering – Council received tenders from in-house team and an outside company – Price differential caused by lower wages and penalty rates payable under industrial instrument binding outside tenderer than that binding council – Tender awarded to outside tenderer – Council employees dismissed – Whether council dismissed any employee or altered position of any employee to the employee's prejudice because the employee was "entitled to the benefit of an industrial instrument or an order of an industrial body" – Whether the words "entitled to the benefit" refer only to the existence of an instrument or order or include reference to the content of the instrument or order – Whether Council discharged the onus under s 298V to negative the rebuttable presumption that its conduct was engaged in for a prohibited reason - Whether case is affected by the constitutional immunity of State of Victoria – Order of trial Judge for reinstatement of dismissed employees – Whether Judge's exercise of discretion miscarried.

Workplace Relations Act 1996, ss 298A, 298B, 298F, 298K, 298L(1)(h), 298U, 298V

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