Federal Court of Australia
CATCHWORDS
INDUSTRIAL LAW - Termination of employment - Complaint of unlawful termination - Restructuring procedures provided by Enterprise Agreement - Retrenchments with targeted separation package - Application lodged six months out of time - Extension of time refused.
Industrial Relations Act 1988, s170CA, s170DB, s170DC, s170DE and s170EA.
TWU -v- National Dairies, 22 August 1994, Industrial Relations Court decision 20/94
Hunter Valley Developments Pty Ltd -v- Cohen (1984) 3 FCR 344
MICHAEL RAVI KUMAR -v- VICTORIAN WORKCOVER AUTHORITY
NO. VI 2248 of 1994
Before: RYAN JR
Place: MELBOURNE
Date: 18 JANUARY 1995
INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY
VI 2248 of 1994
BETWEEN:
MICHAEL RAVI KUMAR Applicant
AND
VICTORIAN WORKCOVER AUTHORITY Respondent
COURT: RYAN JR
PLACE: MELBOURNE
DATE: 18 JANUARY 1995
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. This application to be dismissed.
NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules.
INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY
VI 2248 of 1994
BETWEEN:
MICHAEL RAVI KUMAR Applicant
AND
VICTORIAN WORKCOVER AUTHORITY Respondent
COURT: RYAN JR
PLACE: MELBOURNE
DATE: 18 JANUARY 1995
JUDGMENT (EX TEMPORE)
The Restructure
In late 1993, the Respondent, the Victorian Workcover Authority, underwent extensive restructuring. The Victorian Workcover Authority Enterprise Agreement 1993 provided for the restructuring.
The Agreement includes restructuring procedures agreed with the Finance Sector Union (FSU). Certain functions were designated transitional activities with an end date by which time each activity was to be completed. Staff involved in transitional activities were given an opportunity to apply for positions advertised in the Authority and to appeal against appointments to advertised vacancies for which they had applied. Such staff were also given the opportunity to appeal against any position to which a staff member had been nominated under a "fast track process" open for the appointment of permanent employees following the restructure.
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