CPSU, the Community & Public Sector Union & Anor v Crown in Right of the State of Victoria & Anor [1998] FCA 1582

CPSU, the Community & Public Sector Union & Anor v Crown in Right of the State of Victoria & Anor [1998] FCA 1582

A conditional written agreement to terminate an AWA remains a termination agreement within s170VM of the Workplace Relations Act 1996 (Cth). The agreements providing that the AWAs would terminate on the day the Department of Natural Resources and Environment Certified Agreement 1998 came into operation were therefore valid termination agreements under the Act, so the application for injunctive relief failed.

Jurisdiction
Australia
Judgment Date
09 December 1998
Procedural Posture
Application Pursuant to S170 VZ of the Workplace Relations Act 1996 (cth) for an Injunction Requiring the First Respondent Not to Contravene or to Cease Contravening a Provision of Part VID of the Act / Final Determination After an Interlocutory Order Made on 28 October 1998 Restraining the Ballot Process Pending Trial
Outcome
Application dismissed; order numbered one of the orders made on 28 October 1998 set aside.
Legal Topics
['australian Workplace Agreements' 'termination Agreements' 'certified Agreements' 'employment Advocate Approval Notices' 'statutory Construction' 'injunctions']
['industrial Law' 'employment Law' 'workplace Relations'] ['australian Workplace Agreements' 'termination Agreements' 'certified Agreements' 'employment Advocate Approval Notices' 'statutory Construction' 'injunctions']

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Procedural Posture

Application Pursuant to S170 VZ of the Workplace Relations Act 1996 (cth) for an Injunction Requiring the First Respondent Not to Contravene or to Cease Contravening a Provision of Part VID of the Act / Final Determination After an Interlocutory Order Made on 28 October 1998 Restraining the Ballot Process Pending Trial

Legal Issues

  1. 1 ['Whether an agreement to terminate an Australian Workplace Agreement which depends upon the occurrence of a contingent event is a termination agreement under s170VM of the Workplace Relations Act 1996 (Cth).' 'Whether the Employment Advocate could treat the conditional termination agreements as valid and issue approval notices in respect of them.' 'Whether employees who had signed AWAs could participate in a ballot for a proposed s170LK certified agreement if the termination agreements were ineffective.']

Ratio Decidendi

A conditional written agreement to terminate an AWA remains a termination agreement within s170VM of the Workplace Relations Act 1996 (Cth). The agreements providing that the AWAs would terminate on the day the Department of Natural Resources and Environment Certified Agreement 1998 came into operation were therefore valid termination agreements under the Act, so the application for injunctive relief failed.

Court Disposition

Application dismissed; order numbered one of the orders made on 28 October 1998 set aside.

Orders

  • ['The order numbered one of the orders made on 28 October 1998 be set aside.' 'The application be dismissed.']