Health Services Union of Australia v Gribbles Radiology Pty Ltd [2002] FCA 856

FEDERAL COURT OF AUSTRALIA

Health Services Union of Australia v Gribbles Radiology Pty Ltd [2002] FCA 856 INDUSTRIAL LAW - award – breach – whether employer not named as party bound by award – whether successor, assignee or transmittee of part of business of previous employer – provision of radiography services on premises of clinic using equipment belonging to clinic operator – previous employer ceased to provide services – new employer began to provide same service – no direct transaction between employers – whether direct transaction required INDUSTRIAL LAW – award – breach – provision for severance pay on redundancy – calculation by reference to aggregate service with employers if each employer transmittee of part of business – exemption in respect of casual employees – long-term work on regular rosters – employees arranged own replacement if unable to work rostered shift – payment at hourly rate plus loading, with no leave entitlements – whether casual employees WORDS AND PHRASES - "successor, assignee or transmittee", "casual employees"

Workplace Relations Act 1996 (Cth) ss 149(1)(d), 178, 179A, 356(b) Federal Court of Australia Act 1976 (Cth) s 51A Health Services Union of Australia (Private Radiology - Victoria) Award 1993 North Western Health Care Network v Health Services Union of Australia [1999] FCA 897 (1999) 92 FCR 477 applied Australian Rail Tram and Bus Industry Union v Torrens Transit Services Pty Ltd [2000] FCA 1683 (2000) 105 FCR 88 considered Minister of State for Employment, Workplace Relations and Small Business v Community & Public Sector Union [2001] FCA 316 (2001) 109 FCR 303 referred to PP Consultants Pty Ltd v Finance Sector Union of Australia [2000] HCA 59 (2000) 201 CLR 648 considered Stellar Call Centres Pty Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union [2001] FCA 106 (2001) 106 FCR 302 considered Bransgrove v Ward and Syred [1931] AR (NSW) 272 referred to Barrow v Masonic Catering Co-Operative Society Limited [1957] AR (NSW) 736 referred to Community & Public Sector Union v State of Victoria [2000] FCA 14 (2000) 95 IR 54 referred to