Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Australian Postal Corporation [2017] FCA 1091

FEDERAL COURT OF AUSTRALIA

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Australian Postal Corporation [2017] FCA 1091 File number: VID 232 of 2016

Judge: MORTIMER J

Date of judgment: 15 September 2017

Catchwords: INDUSTRIAL LAW – superannuation schemes – application of Average Weekly Ordinary Time Earnings indexation for the purposes of calculating superannuation entitlements – definition of "salary" in Australia Post Superannuation Scheme Trust Deed – whether definition of "salary" incorporated indexation elements of Superannuation Act 1976 (Cth) – application dismissed INDUSTRIAL LAW – enterprise bargaining – section 345 of Fair Work Act 2009 (Cth) – false or misleading representations about workplace rights – interpretation of section 345 – application of authorities concerning section 4 of Australian Consumer Law and section 52 of Trade Practices Act 1974 (Cth) – consideration of representations with respect to "future matters" – whether Australia Post contravened section 345 – application dismissed INDUSTRIAL LAW – variation of contracts – estoppel – whether employment agreement varied for individual – whether Australia Post estopped from removing superannuation indexation for individual – application dismissed

Legislation: Competition and Consumer Act 2010 (Cth), Sch 2 Australian Consumer Law, ss 4, 18 Corporations Act 2001 (Cth), s 129 Evidence Act 1995 (Cth), s 191 Fair Work Act 2009 (Cth), ss 180, 181, 182, 228, 345, 349, 678, 793 Fair Work (Registered Organisations) Act 2009 (Cth) Superannuation Act 1976 (Cth), ss 5, 45, 46, 47, 55, 56, 57 Superannuation Legislation (Commonwealth Employment) Repeal and Amendment Act 2002 (Cth) Trade Practices Act 1974 (Cth), ss 51, 52 Superannuation (CSS) Continuing Contributions for Benefits Regulations 1981 (Cth) Superannuation (CSS) (Eligible Employees—Exclusion) Declaration 2003 (Cth) Superannuation (CSS) Salary Regulations 1978 (Cth)