Carrigg v Commonwealth Bank of Australia [2002] FCA 813

FEDERAL COURT OF AUSTRALIA

Carrigg v Commonwealth Bank of Australia [2002] FCA 813 INDUSTRIAL LAW – contract of employment – industrial agreement – whether "redundancy situation" within meaning of industrial agreement – whether applicant held position of branch manager of particular bank branch of respondent or whether applicant appointed as branch manager without a nominated bank to manage – whether mobility clause in industrial agreement inconsistent with a branch manager holding a position as branch manager of a particular branch – where respondent bank reduced the number of its bank branches following merger with another bank

WORDS AND PHRASES – "no longer requires a job or task performed"

Workplace Relations Act 1996 (Cth) ss 4, 170VC, 170VF(1), 170VT, 170VV, 170VZ Australian Colliery Staff Association v Queensland Mines Rescue Service (1999) 88 IR 78 cited Kucks v CSR Ltd (1996) 66 IR 182 cited

MICHAEL LEONARD CARRIGG v COMMONWEALTH BANK OF AUSTRALIA (ACN 123 123 124)

N1302 OF 2001

BRANSON J

27 JUNE 2002

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1302 OF 2001

BETWEEN: MICHAEL LEONARD CARRIGG

APPLICANT

AND: COMMONWEALTH BANK OF AUSTRALIA (ACN 123 123 124)

RESPONDENT

JUDGE: BRANSON J

DATE OF ORDER: 27 JUNE 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT the application be dismissed.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1302 OF 2001

BETWEEN: MICHAEL LEONARD CARRIGG

APPLICANT

AND: COMMONWEALTH BANK OF AUSTRALIA (ACN 123 123 124)

RESPONDENT

JUDGE: BRANSON J

DATE: 27 JUNE 2002

PLACE: SYDNEY

REASONS FOR JUDGMENT

INTRODUCTION 1 By an application dated 11 September 2001, the applicant ("Mr Carrigg") sought relief against the respondent ("the Bank") under both the Workplace Relations Act 1996 (Cth) ("the Act") and the Federal Court of Australia Act 1976 (Cth) ("the Federal Court Act"). At issue is the proper construction of an Australian Workplace Agreement signed by Mr Carrigg on 13 July 2000 ("the AWA"), and in particular whether Mr Carrigg came within a "redundancy situation" within the meaning of the AWA.