Australian Rail Tram & Bus Industry Union v Torrens Transit Services Pty Ltd [2001] FCA 975

FEDERAL COURT OF AUSTRALIA Australian Rail Tram & Bus Industry Union v Torrens Transit Services Pty Ltd [2001] FCA 975 Workplace Relations Act 1996 (Cth) s 170MB Warramunda Village Inc v Pryde [2001] FCA 61 considered Spastic Society of Victoria Ltd v Ardelle [2001] FCA 70 considered Finance Sector Union v PP Consultants (1999) 91 FCR 337 referred to Community and Public Sector Union v Stellar Call Centres Pty Ltd (1999) 92 IR 224 referred to Gardner v Dairy Industry Authority of New South Wales (1978) 18 ALR 55 considered Integrated Lighting & Ceilings Pty Ltd v Philips Electrical Pty Ltd (1969) 90 WN (Pt 1) (NSW) 693 referred to Wright v Collie [1959] NZLR 767 referred to Byrne v Herbert [1966] 2 QB 121 referred to AUSTRALIAN RAIL TRAM AND BUS INDUSTRY UNION AND TRANSPORT WORKERS UNION OF AUSTRALIA v TORRENS TRANSIT SERVICES PTY LTD S 17 OF 2000 MANSFIELD J ADELAIDE 25 JULY 2001

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 17 OF 2000

BETWEEN: AUSTRALIAN RAIL TRAM AND BUS INDUSTRY UNION

FIRST APPLICANT

TRANSPORT WORKERS UNION OF AUSTRALIA

SECOND APPLICANT

AND: TORRENS TRANSIT SERVICES PTY LTD

(ACN 091 343 887)

RESPONDENT

JUDGE: MANSFIELD J

DATE OF ORDER: 25 JULY 2001

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. Pursuant to O 29 r 2 of the Federal Court Rules, the question whether Torrens Transit Services Pty Ltd is bound by the TransAdelaide Port Adelaide Bus Certified Agreement 1998 and/or the TransAdelaide Mile End Bus Certified Agreement 1998 by operation of s 170MB of the Workplace Relations Act 1996 (Cth) be heard and determined separately from and before any other question arising in the proceedings.

THE COURT DECLARES THAT: 2. From 23 April 2000 Torrens Transit Services Pty Ltd is bound by the terms of the TransAdelaide Port Adelaide Bus Certified Agreement 1998 and by the terms of the TransAdelaide Mile End Bus Certified Agreement 1998 by operation of s 170MB(2) of the Workplace Relations Act 1996 (Cth), but only to the extent that those agreements respectively relate to the part of the business of TransAdelaide which has in fact been transmitted to Torrens Transit Services Pty Ltd Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.