Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Rail, Tram and Bus Industry Union v Rail Corporation New South Wales [2009] FCA 894
INDUSTRIAL LAW – whether breach of union collective agreement – whether respondent in breach of agreement by failing to fill authorised employment positions at Town Hall Station according to terms of the agreement – incorporation of prior agreement into later agreement except to the extent of any inconsistency – whether any such inconsistency in present case – principles of construction of industrial instruments
Held: declarations made.
Transport Administration Amendment (Rail Agencies) Act 2003 (NSW) Workplace Relations Act 1996 (Cth)
Australian Municipal, Administrative, Clerical & Services Union v Treasurer of the Commonwealth and Others (1998) 82 FCR 175 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Skilled Engineering Ltd (2003) 53 AILR 100-013;[2003] FCA 260 Butler v Attorney-General (Vic) (1961) 106 CLR 268 Coffs Harbour Environment Centre Inc v Minister for Planning & Coffs Harbour City Council (1994) 84 LGERA 324 Electrolux Home Products Pty Ltd v Australian Workers' Union and Others (2004) 221 CLR 309 Hume Steel Ltd v Attorney-General (Vic) (1927) 39 CLR 455 Jones v Dunkel (1959) 101 CLR 298 National Union of Workers v Graincorp Operations Ltd (2002) 117 IR 136; [2002] AIRC 368 Pacific Carriers Ltd v BNP Paribas [(2004) 218 CLR 451 Prenn v Simmonds [1971] 1 WLR 1381 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165; [2004] HCA 52 Van Efferen v CMA Corporation Ltd [2009] FCA 597
AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION v RAIL CORPORATION NEW SOUTH WALES
NSD 1529 of 2008
JAGOT J
18 AUGUST 2009
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
FAIR WORK DIVISION NSD 1529 of 2008
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