PP Consultants Pty Limited v Finance Sector Union [2000] HCA 59

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, GUMMOW AND CALLINAN JJ

PP CONSULTANTS PTY LIMITED APPELLANT

AND

FINANCE SECTOR UNION OF AUSTRALIA RESPONDENT

PP Consultants Pty Limited v Finance Sector Union [2000] HCA 59

16 November 2000

S104/2000

ORDER

1. Appeal allowed with costs. 2. Orders of the Full Court of the Federal Court made on 10 September 1999 set aside. In lieu thereof, order that the appeal to that Court be dismissed with costs.

On appeal from the Federal Court of Australia

Representation:

D F Jackson QC with H J Dixon for the appellant (instructed by Allen Allen & Hemsley)

R C Kenzie QC with I Taylor and S E J Prince for the respondent (instructed by Turner Freeman)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

PP Consultants Pty Limited v Finance Sector Union

Industrial law (Cth) – Bank closed branch and appointed agent to conduct similar activities in conjunction with agent's pharmacy business – Whether award continued to apply to employees – Whether agent was successor, assignee or transmitee of the business or part of the business of the bank within the meaning of s 149(1)(d) of the Workplace Relations Act 1996 (Cth) – Whether agent conducting "business" of the bank – Whether agent conducting "business of banking".

Words and phrases – "business", "business of banking".

Workplace Relations Act 1996 (Cth), s 149(1)(d).

1. GLEESON CJ, GAUDRON, McHUGH AND GUMMOW JJ. The appellant, PP Consultants Pty Limited, conducts a pharmacy business at Byron Bay. In conjunction with its pharmacy business, it conducts a branch agency for St George Bank Limited ("the Bank"). The Bank previously had a branch at Byron Bay but the branch was closed shortly before the appellant opened the branch agency. The question in this appeal is whether, for the purposes of s 149(1)(d) of the Workplace Relations Act 1996 (Cth) ("the Act"), the appellant is the successor, assignee or transmittee of the business or part of the business of the Bank.