Lever v Australian Nuclear Science and Technology Organisation [2007] FCA 1251

FEDERAL COURT OF AUSTRALIA

Lever v Australian Nuclear Science and Technology Organisation

[2007] FCA 1251

WORKPLACE RELATIONS – purported breach of Part XA of the Workplace Relations Act 1996 (Cth)– applicant joined statutory corporation as employee – promoted to position at level below that sought – agitated for promotion to higher level – appointed by trade union as worksite delegate – deterioration in employment relationship though status quo maintained – whether employer's conduct in declining promotion to higher level and conduct incidental to dispute involved dismissal or injury in employment or alteration of position to applicant's prejudice or discrimination according to statutory provisions – whether operation of statutory presumption crystallised – whether applicant established operation of statutory presumption – series of fourteen instances of statutory breach propounded – extensive evidence and submissions made in course of lengthy proceedings – proceedings dismissed

Conciliation and Arbitration Act 1904 (Cth) s 5 Federal Court of Australia Act 1976 (Cth) s 50 Privacy Act 1988 (Cth) (generally) Workplace Relations Act 1996 (Cth) Pt XA, ss 298K(1), 298L, 298T and 298V Workplace Relations Amendment (Work Choices) Act 2005 (Cth) (generally) Workplace Surveillance Act 2005 (NSW) (generally)

Workplace Relation Regulations 2006 (Cth) Ch 7 reg 4.53

Patrick Stevedores Operations No. 2 Pty Ltd v Maritime Union of Australia (No. 3) (1998) 195 CLR 1referred to BHP Iron Ore Pty Ltd v Australian Workers' Union (2000) 102 FCR 97 referred to Australian Workers' Union v BHP Iron-Ore Pty Ltd (2001) 106 FCR 482referred to Community and Public Sector Union v Telstra Corporation Ltd (2000) 99 IR 238 referred to National Union of Workers v Qenos Pty Ltd (2001) 108 FCR 90 cited Australian and International Pilots Association v Qantas Airways Ltd 160 IR 1referred to Maritime Union of Australia v CSL Australia Pty Ltd (2002) 113 IR 326referred to General Motors-Holden Pty Ltd v Bowling (1976) 51 ALJR 235referred to Construction, Forestry, Mining and Energy Union v Coal and Allied Operations Pty Ltd (1999) 140 IR 131 referred to McIlwain v Ramsey Food Packaging Pty Ltd (2006) 154 IR 111referred to Jones v Dunkel (1959) 101 CLR 298referred to Finance Sector Union of Australia v Australian & New Zealand Banking Group Ltd (2002) 120 FCR 107 referred to Construction, Forestry, Mining and Energy Union v Coal and Allied Operations Pty Ltd (1999) 140 IR 131referred to Maritime Union of Australia v Geraldton Port Authority (1999) 93 FCR 34 referred to