Australia and New Zealand Banking Group Limited v Finance Sector Union of Australia [2001] FCA 1785

FEDERAL COURT OF AUSTRALIA

Australia and New Zealand Banking Group Limited v Finance Sector Union of Australia [2001] FCA 1785

INDUSTRIAL LAW – Award interpretation – payment on termination for unused long service leave – whether payment to be calculated at award rate or salary package rate. INDUSTRIAL LAW – Award breach – whether another termination payment may be set-off against amount owing for unused long service leave under the award.

Workplace Relations Act 1996 (Cth), s 178

Ardino v Count Financial Group Pty Ltd (1994) 126 ALR 49 followed Poletti v Ecob (1989) 91 ALR 381; 31 IR 321 considered, not applied Logan v Otis Elevator Co Pty Ltd (1999) 94 IR 218, referred to AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED v FINANCE SECTOR UNION OF AUSTRALIA V 146 of 2001 BLACK CJ, WILCOX and VON DOUSSA JJ 19 DECEMBER 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V146 OF 2001

BETWEEN: AUSTRALIAN AND NEW ZEALAND BANKING GROUP LIMITED

(ACN 005 357 522)

APPELLANT

AND: THE FINANCE SECTOR UNION OF AUSTRALIA

RESPONDENT

JUDGE: BLACK CJ, WILCOX and VON DOUSSA JJ

DATE OF ORDER: 19 DECEMBER 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The appeal be allowed. 2. The declarations and orders made by North J on 7 February 2001 be set aside and the appellant, Australia and New Zealand Banking Group Limited, be released from the undertaking noted therein. 3. In lieu of the said declarations and orders, it be ordered that the proceeding be dismissed. 4. The cross-appeal be dismissed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V146 OF 2001

BETWEEN: AUSTRALIAN AND NEW ZEALAND BANKING GROUP LIMITED