CPSU, The Community and Public Sector Union v Commonwealth of Australia [2007] FCA 1634

FEDERAL COURT OF AUSTRALIA

CPSU, The Community and Public Sector Union v Commonwealth of Australia [2007] FCA 1634

Workplace Relations Act 1996ss 178(4)(a)(iib), 298K(1), 298U, 356 Commonwealth Bank of Australia v Finance Sector Union of Australia (2007) 157 FCR 329 cited CPSU, the Community and Public Sector Union v Commonwealth of Australia [2007] FCA 1397cited CPSU, the Community and Public Sector Union v Telstra Corporation Limited (2001) 108 IR 228cited Maritime Union of Australia v Geraldton Port Authority (No 2) (2000) 94 IR 404 cited CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION, DOUGLAS MCGILL, CARRIE CLEMENTS, DARRYL MCANINLY AND DECLAN O'CONNELL v COMMONWEALTH OF AUSTRALIA NSD 944 OF 2006

BRANSON J

30 OCTOBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 944 OF 2006

BETWEEN: CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION

First Applicant

DOUGLAS MCGILL

Second Applicant

CARRIE CLEMENTS

Third Applicant

DARRYL MCANINLY

Fourth Applicant

DECLAN O'CONNELL

Fifth Applicant

AND: COMMONWEALTH OF AUSTRALIA

Respondent

JUDGE: BRANSON J DATE OF ORDER: 30 OCTOBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. It be declared that the respondent, represented by the Department of Employment and Workplace Relations, breached s 298K(1)(c) of the Workplace Relations Act 1996 in that it altered the position of CPSU members employed by the Commonwealth to their prejudice for a reason prohibited under s 298L(1)(a) of that Act by issuing, on 9 November 2005, the DEWR memorandum which is Schedule A to the Further Amended Statement of Claim ('the DEWR memorandum'). 2. It be declared that the respondent, represented by the Australian Customs Service, breached clause 2.2 of the Australian Customs Service Certified Agreement 2004 – 2007 by reason of its refusal to grant leave to Mr Douglas McGill for 15 November 2005. 3. It be declared that the respondent, represented by the Department of Education, Science and Training, breached clause 119 of the Stay Here and Grow: Department of Education, Science and Training Certified Agreement 2002 – 2005 by reason of its refusal to grant annual leave to Mr Declan O'Connell for 15 November 2005. 4. A penalty of $30,000 be imposed on the respondent as a consequence of the issue of the DEWR memorandum dated 9 November 2005. 5. The penalty imposed by order 4 be paid to the first applicant. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.