Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Urquhart v Automated Meter Reading Services (Aust) Pty Ltd [2008] FCA 1447
INDUSTRIAL LAW – award and certified agreements binding on licensed electricity distributor (Powercor) – Powercor contracted out meter reading functions to other entities before contracting with the respondent – whether respondent bound by award and certified agreements by operation of transmission of business provisions under the Workplace Relations Act 1996 (Cth) – meter reading not a part of Powercor's business – no business from Powercor passed to the respondent either – application dismissed Workplace Relations Act 1996 (Cth) ss 149(1)(d), 170MB, 178, 178(6A), 256 Electricity Industry Act 2000 (Vic) ss 1, 3, 16, 18, 19, 20, 21, 26, 29(3), 40A(4), 40A(5), 44 Essential Services Commission Act 2001 (Vic) s 53 National Wage Case (1988) 25 IR 170 cited National Wage Case (1989) 30 IR 81 cited PP Consultants Pty Ltd v Finance Sector Union of Australia (2000) 201 CLR 648 applied Minister for Employment and Workplace Relations v Gribbles Radiology Pty Ltd (2005) 222 CLR 194 applied Stellar Call Centres Pty Ltd v Communications, Electrical, Electronic, Energy, Information, Postal Plumbing and Allied Services Union (2001) 106 FCR 302 referred to Construction Forestry Mining & Energy Union v Henry Walker Eltin Contracting Pty Ltd (2001) 108 IR 409 discussed Minister of State for Employment, Workplace Relations and Small Business v Community and Public Sector Union (2001) 109 FCR 303 cited North Western Health Care Network v Health Services Union of Australia (1999) 92 FCR 477 discussed City of Wanneroo v Australian Municipal, Administrative, Clerical and Services Union (2006) 153 IR 426 cited Australian Rail Tram and Bus Industry Union v Torrens Transit Services Pty Ltd (2000) 105 FCR 88 cited Nokes v Doncaster Amalgamated Collieries Ltd [1940] AC 1014 referred to GRANTLEY URQUHART v AUTOMATED METER READING SERVICES (AUST) PTY LTD ACN 067 612 711
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