Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v QR Limited [2010] FCA 591

FEDERAL COURT OF AUSTRALIA

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v QR Limited [2010] FCA 591 Citation: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v QR Limited [2010] FCA 591

Parties: COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION, AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION, AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION and AUSTRALIAN FEDERATED UNION OF LOCOMOTIVE EMPLOYEES, QUEENSLAND UNION OF EMPLOYEES v QR LIMITED, QR PASSENGER PTY LTD and QR NETWORK PTY LTD

File number: QUD 33 of 2010

Judge: LOGAN J

Date of judgment: 11 June 2010

Corrigendum: 13 July 2010

Catchwords: INDUSTRIAL LAW – Workplace Agreements – Obligation to "consult" with employees in respect of proposals to be implemented that will impact on "terms and conditions of employment" – Whether changes as a result of restructuring after announcement of the partial privatisation of businesses operated by government owned and controlled corporations will impact "terms and conditions of employment" – Consideration of whether and when obligation to "consult" arises – Consideration of content of the obligation to "consult" Held: Obligation to consult arose and was contravened by government owned corporations

Words and Phrases: "consult" – "impact" – "proposal to be implemented" – "terms and conditions of employment" Legislation: Constitution (Cth) s 51 Australian National Railways Commission Sale Act 1997 (Cth) Corporations Act 2001 (Cth) Fair Work Act 2009 (Cth) ss 539, 546, 784, 786 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Industrial Relations Act 1988 (Cth) s 170GA Judiciary Act 1903 (Cth) s 39B Property Law Act 1974 (Qld) s 48 Workplace Relations Act 1996 (Cth) s 668 Government Owned Corporations Act 1993 (Qld) ss 5, 6, 76, 88, 89, 114, 115, 438 Railways Act 1863 (Qld) Railways Act 1914 (Qld) ss 6, 8 Transport Infrastructure Act 1994 (Qld) s 219 Transport Infrastructure Amendment (Rail) Act 1995 (Qld) Transport Infrastructure (Railways) Act 1991 (Qld) ss 2.1, 2.7, 3.3, 3.4, 8 Anti-Discrimination Act 1977 (NSW) Rail Company Act 2009 (Tas) Railways Act 1921 (UK) Railways Act 1993 (UK) Transport Act 1947 (UK) CN Commercialization Act 1995 (Can) Government Owned Corporations Regulation 1993 (Qld) Government Owned Corporations Regulation 2004 (Qld) Government Owned Corporation Amendment Regulation (No. 1) 2007 (Qld) Government Owned Corporations (Bundaberg Port Authority Wind-Up) Regulation 2007 (Qld) Government Owned Corporations (QR Limited Restructure) Regulation 2008 (Qld) ss 10, 11