CPSU, The Community and Public Sector Union v Commonwealth of Australia [2007] FCA 1861

FEDERAL COURT OF AUSTRALIA CPSU, The Community and Public Sector Union v Commonwealth of Australia[2007] FCA 1861 INDUSTRIAL LAW – Claimed breaches of s 792(1) of the Workplace Relations Act 1996 (Cth) ('the Act') – whether prohibition on the grant of leave on National Day of Community Protest altered employee's position to his prejudice for a prohibited reason – requirement of genuine operational requirements for refusing requests for leave – breach of Australian Workplace Agreement Workplace Relations Act 1996 (Cth) ss 792, 793, 809 Workplace Relations Amendment (Work Choices) Act 2005 (Cth) BP Refinery (Westernport) Pty Limited v President, Councillors and Ratepayers of the Shire of Hasting (1977) 180 CLR 266 considered Briginshaw v Briginshaw (1938) 60 CLR 336 applied Byrne v Australian Airlines Limited (1995) 185 CLR 410 cited Commonwealth Bank of Australia v Finance Sector Union of Australia (2007) 157 FCR 329 cited Community and Public Sector Union v Telstra Corporation Ltd (2000) 99 IR 238 cited Community and Public Sector Union v Telstra Corporation Ltd (2001) 107 FCR 93 considered CPSU, The Commonwealth and Public Sector Union v Commonwealth of Australia [2006] FCAFC 176 referred to Greater Dandenong City Council v Australian Municipal, Administrative Clerical and Services Union (2001) 112 FCR 232 considered Maritime Union of Australia v Geraldton Port Authority (1999) 93 FCR 34 considered McIlwain v Ramsey Food Packaging Pty Ltd (2006) 154 IR 111 considered Patrick Stevedores Operations No 2 Pty Limited v Maritime Union of Australia (1998) 195 CLR 1 considered Squires v Flight Stewards Association of Australia (1982) 2 IR 155 considered Tasmanian Development and Resources v Martin (2000) 97 IR 66 considered The Employment Advocate v National Union of Workers (2000) 100 FCR 454 considered Tillmanns Butcheries Pty Limited v Australasian Meat Industry Employee's Union (1979) 42 FLR 331 Wribass Pty Limited v Swallow (1979) 38 FLR 92 cited CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION AND GREGORY MCCARRON v COMMONWEALTH OF AUSTRALIA NSD 2262 OF 2006