Administrative and Clerical Officers Association, Australian Government Employment & Anor v Canberra Commercial Development Authority & Ors [1986] FCA 522

Administrative and Clerical Officers Association, Australian Government Employment & Anor v Canberra Commercial Development Authority & Ors [1986] FCA 522

On the proper construction of ss.7 and 13 of the Commonwealth Functions (Statutes Review) Act 1981, the Canberra Commercial Development Authority ceased to exist on 27 February 1986 as fixed by the ministerial notice. No valid offer of redundancy under Determination No. 509 of 1977 was made before that date. Therefore, the declarations sought by the applicants must be refused.

Parties
First Applicant: Administrative and Clerical Officers' Association, Australian Government Employment; Second Applicant: Harold Hird; First Respondent: The Canberra Commercial Development Authority; Second Respondent: Peter Wilenski; Third Respondent: Roger Beale; Fourth Respondent: Graham Glenn; Fifth Respondent: The Honourable Gordon Glen Denton Scholes
Jurisdiction
Australia
Judgment Date
07 November 1986
Procedural Posture
Application for Declaratory Relief and Orders / Judgment at First Instance (federal Court of Australia, Industrial Division)
Outcome
Application dismissed
Legal Topics
Redundancy Payments, Statutory Interpretation, Public Service Arbitration, Redeployment and Retirement, Abolition of Statutory Authority
Industrial Law Administrative Law Redundancy Payments Statutory Interpretation Public Service Arbitration Redeployment and Retirement Abolition of Statutory Authority

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Parties

Administrative and Clerical Officers' Association, Australian Government Employment

First Applicant

Harold Hird

Second Applicant

The Canberra Commercial Development Authority

First Respondent

Peter Wilenski

Second Respondent

Roger Beale

Third Respondent

Graham Glenn

Fourth Respondent

The Honourable Gordon Glen Denton Scholes

Fifth Respondent

Procedural Posture

Application for Declaratory Relief and Orders / Judgment at First Instance (federal Court of Australia, Industrial Division)

Legal Issues

  1. 1 Whether the Canberra Commercial Development Authority continued to exist after ministerial notice under the Commonwealth Functions (Statutes Review) Act 1981
  2. 2 Whether employees were entitled to redundancy payments under Determination No. 509 of 1977 after the abolition of the Authority
  3. 3 Whether offers made to employees regarding redundancy were valid

Ratio Decidendi

On the proper construction of ss.7 and 13 of the Commonwealth Functions (Statutes Review) Act 1981, the Canberra Commercial Development Authority ceased to exist on 27 February 1986 as fixed by the ministerial notice. No valid offer of redundancy under Determination No. 509 of 1977 was made before that date. Therefore, the declarations sought by the applicants must be refused.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.
  • There be no order as to costs.