Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Finance Sector Union of Australia v Commonwealth Bank of Australia [2004] FCA 898
INDUSTRIAL LAW – alleged breach of enterprise bargaining agreement by retrenchments – construction of agreement – retrenchment of employees not yet redundant – whether breach of agreement – statement of claim struck-out
Workplace Relations Act 1996 (Cth) s 178, s 347, s 356
General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 applied Commonwealth Bank of Australia v Finance Sector Union of Australia (2002) 125 FCR 9 applied Carrigg v Commonwealth Bank of Australia (2002) 115 IR 266 cited Finance Sector Union of Australia v Commonwealth Bank of Australia (2001) 111 IR 241 referred to FINANCE SECTOR UNION OR AUSTRALIA v COMMONWEALTH BANK OF AUSTRALIA N 1303 OF 2002 CONTI J 30 JULY 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1303 OF 2002
BETWEEN: FINANCE SECTOR UNION OF AUSTRALIA
APPLICANT
AND: COMMONWEALTH BANK OF AUSTRALIA
RESPONDENT
JUDGE: CONTI J
DATE OF ORDER: 30 JULY 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The amended statement of claim of the applicant Union be struck out on the ground that the same does not as presently framed disclose a viable cause of action. 2. The applicant Union have leave to file and serve a further amended statement of claim within twenty-eight days. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1303 OF 2002
BETWEEN: FINANCE SECTOR UNION OF AUSTRALIA
APPLICANT
AND: COMMONWEALTH BANK OF AUSTRALIA
RESPONDENT
JUDGE: CONTI J
DATE: 30 JULY 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT
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