Finance Sector Union of Australia v Commonwealth Bank of Australia [2004] FCA 257

FEDERAL COURT OF AUSTRALIA

Finance Sector Union of Australia v Commonwealth Bank of Australia [2004] FCA 257

INDUSTRIAL LAW – redundancy – whether employee in the circumstances had a right to severance pay – no termination through retrenchment

Commonwealth Bank of Australia v Finance Sector Union of Australia and Another (2002) 125 FCR 9; [2002] FCAFC 193 followed Finance Sector Union of Australia v Commonwealth Bank of Australia (2001) 111 IR 241; [2001] FCA 1613 cited Hawkins and Another v Commonwealth Bank of Australia (No1) (1996) 66 IR 322 referred to Hawkins, Finance Sector Union of Australia v Commonwealth Bank of Australia (No 2) (1996) 70 IR 213 applied

Commonwealth Bank Officers Award 1990 cl 42 FINANCE SECTOR UNION OF AUSTRALIA and JOSEPH ADAMS v COMMONWEALTH BANK OF AUSTRALIA N 1068 OF 2000 MOORE J SYDNEY 18 MARCH 2004

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1068 OF 2000

BETWEEN: FINANCE SECTOR UNION OF AUSTRALIA

FIRST APPLICANT

JOSEPH ADAMS

SECOND APPLICANT

AND: COMMONWEALTH BANK OF AUSTRALIA

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 18 MARCH 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The question:

Whether on a true construction of Clause 42 of the Commonwealth Bank of Australia Officers Award 1990, an award of the Australian Industrial Relations Commission, employees listed in annexure K to the Affidavit of Peter Kevin Presdee sworn 27 September 2000 are entitled to severance payments in accordance with sub-paragraph (g) thereof.

be answered "No". 2. The application be dismissed. 3. Order 2 take effect 28 days from today. 4. The parties have liberty to apply within 28 to vary or revoke order 2. 5. The parties forward to the Court within 14 days a list of the names of members of the representative group. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.