Walsh And Gabell -V- Australian Postal Corporation [1997] NSWEOT

Walsh And Gabell -V- Australian Postal Corporation [1997] NSWEOT

Sections 89 and 90 of the Australian Postal Corporation Act 1989 showed that the Commonwealth Parliament intended Australia Post to be exclusively responsible for determining all terms and conditions of employment of its employees, including matters involving discriminatory practices of the kind prohibited by section 49ZH of the Anti-Discrimination Act. Section 89 was therefore inconsistent with section 49ZH, rendering section 49ZH invalid insofar as it was sought to apply it to employees of Australia Post; the complaints were consequently dismissed under section 111(1).

Jurisdiction
Australia
Judgment Date
18 April 1997
Procedural Posture
Discrimination in Employment on the Ground of Homosexuality / Hearing as to Jurisdiction; Respondent Sought Dismissal Under Section 111(1) of the Anti Discrimination Act
Outcome
Judgment in favour of the Respondent; complaints dismissed.
Legal Topics
['homosexuality Discrimination' 'employment Discrimination' 'section 109 Inconsistency' 'australia Post Staff Terms and Conditions' 'dismissal of Complaint Under Section 111(1)']
['anti Discrimination Law' 'constitutional Law' 'employment Law'] ['homosexuality Discrimination' 'employment Discrimination' 'section 109 Inconsistency' 'australia Post Staff Terms and Conditions' 'dismissal of Complaint Under Section 111(1)']

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Procedural Posture

Discrimination in Employment on the Ground of Homosexuality / Hearing as to Jurisdiction; Respondent Sought Dismissal Under Section 111(1) of the Anti Discrimination Act

Legal Issues

  1. 1 ['Whether it was appropriate to deal with the complaints under section 111(1) of the Anti-Discrimination Act.' 'Whether section 49ZH of the Anti-Discrimination Act was invalid or inoperative under section 109 of the Constitution in its application to employees of Australia Post because of inconsistency with section 89 of the Australian Postal Corporation Act 1989.' 'Whether Australia Post was a department within section 52(ii) of the Constitution, giving the Commonwealth Parliament exclusive legislative power.']

Ratio Decidendi

Sections 89 and 90 of the Australian Postal Corporation Act 1989 showed that the Commonwealth Parliament intended Australia Post to be exclusively responsible for determining all terms and conditions of employment of its employees, including matters involving discriminatory practices of the kind prohibited by section 49ZH of the Anti-Discrimination Act. Section 89 was therefore inconsistent with section 49ZH, rendering section 49ZH invalid insofar as it was sought to apply it to employees of Australia Post; the complaints were consequently dismissed under section 111(1).

Court Disposition

Judgment in favour of the Respondent; complaints dismissed.

Orders

  • ['Pursuant to Section 111(1) of the Act the complaints are dismissed.' 'No order as to costs.']