Finance Sector Union of Australia v Commonwealth Bank of Australia [2003] FCA 51

Finance Sector Union of Australia v Commonwealth Bank of Australia [2003] FCA 51

The principal application should not be stayed. The Court is obliged to determine whether rights exist under the Award as presently framed, regardless of possible future variation by the Commission. The Commission's power to vary an award is independent and does not displace the Court's duty to decide current rights.

Source-derived case information.

Parties
First Applicant: Finance Sector Union of Australia; Second Applicant: Joseph Adams; Respondent: Commonwealth Bank of Australia
Jurisdiction
Australia
Judgment Date
07 February 2003
Procedural Posture
Representative Proceeding / Application for Stay of Proceedings
Outcome
Application for stay dismissed
Legal Topics
Stay of Proceedings, Redundancy Pay, Award Interpretation, Variation of Award
Industrial Law Stay of Proceedings Redundancy Pay Award Interpretation Variation of Award

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Parties

Finance Sector Union of Australia

First Applicant

Joseph Adams

Second Applicant

Commonwealth Bank of Australia

Respondent

Procedural Posture

Representative Proceeding / Application for Stay of Proceedings

Legal Issues

  1. 1 Whether the principal application should be stayed pending determination of an application in the Australian Industrial Relations Commission to vary the relevant award

Ratio Decidendi

The principal application should not be stayed. The Court is obliged to determine whether rights exist under the Award as presently framed, regardless of possible future variation by the Commission. The Commission's power to vary an award is independent and does not displace the Court's duty to decide current rights.

Court Disposition

Application for stay dismissed

Orders

  • The application by the respondent for an order staying this proceeding is dismissed.