Commonwealth Bank of Australia v Finance Sector Union of Australia [2006] FCA 1048

FEDERAL COURT OF AUSTRALIA

Commonwealth Bank of Australia v Finance Sector Union of Australia [2006] FCA 1048 INDUSTRIAL LAW – the Commonwealth – penalties – in relation to industrial action by organisations INDUSTRIAL LAW – the Commonwealth – certified agreements – negotiations for certified agreements – initiation of bargaining period – notice requirements – adequacy of particulars – reference to matters not pertaining to requisite employment relationship INDUSTRIAL LAW – the Commonwealth – certified agreements – negotiations for certified agreements – protected action – notice of intention to take action – immunity provisions – industrial action that is not protected INDUSTRIAL LAW – the Commonwealth – certified agreements – negotiations for certified agreements – prohibition of coercion in relation to agreements. Workplace Relations Act 1996 (Cth) ss 170LH, 170LI, 170MJ, 170ML, 170MT, 170NC, 170NHBA Held: (of pre-'Work Choices' legislation) 1) Inadequate particulars accompanying a notice of initiation of a bargaining period do not invalidate the notice. 2) The initiator's intention to include in an agreement matters not pertaining to the employer-employee relationship did not invalidate the initiation of the bargaining period. 3) On the facts, industrial action complained of was protected. 4) Intent to 'coerce' requires illegality or illegitimacy amounting to unconscionable conduct as an incident of the intended coercion. 5) A union campaign aimed at persuasion of shareholders and financial market figures to intervene with the employer was not undertaken with 'coercive' intent. Bluescope Steel Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2005] FCA 3; (2005) 142 FCR 249 Community and Public Sector Union v State of Victoria (1998) 83 IR 73 Construction, Forestry, Mining and Energy Union v Curragh Queensland Mining Ltd [1998] FCA 1231 Crescendo Management Pty Ltd v Westpac Banking Corporation (1988) 19 NSWLR 40 Electrolux Home Products Pty Ltd v Australian Workers' Union [2004] HCA 40; (2004) 221 CLR 309 Finance Sector Union of Australia v Commonwealth Bank of Australia (2000) 106 FCR 16 National Tertiary Education Industry Union v Commonwealth of Australia (2002) 117 FCR 114 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Wesfarmers Premier Coal Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (No 2) [2004] FCA 1737; (2004) 138 IR 362 COMMONWEALTH BANK OF AUSTRALIA and COLONIAL SERVICES PTY LIMITED v FINANCE SECTOR UNION OF AUSTRALIA NSD 1775 of 2004 MADGWICK J 11 AUGUST 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA