CPSU, The Community and Public Sector Union v Commonwealth of Australia [2007] FCA 1634

CPSU, The Community and Public Sector Union v Commonwealth of Australia [2007] FCA 1634

The Commonwealth, by issuing the DEWR memorandum on 9 November 2005, breached s 298K(1)(c) of the Workplace Relations Act 1996 by altering the position of CPSU members to their prejudice for a prohibited reason, and by refusing leave to employees contrary to certified agreements. The claimed case was for a single penalty, and it would be unfair to impose penalties for multiple breaches where only a single penalty was pleaded. A penalty of $30,000 is appropriate and to be paid to the CPSU.

Jurisdiction
Australia
Judgment Date
30 October 2007
Procedural Posture
Civil / Judgment After Hearing, Assessment of Penalty and Orders
Outcome
Declarations made of breaches; penalty imposed and ordered to be paid to CPSU; no additional penalty for breaches of certified agreements.
Legal Topics
['breach of Workplace Relations Act' 'certified Agreements' 'penalty for Contravention' 'leave Requests' 'industrial Instruments']
['industrial Law' 'employment Law'] ['breach of Workplace Relations Act' 'certified Agreements' 'penalty for Contravention' 'leave Requests' 'industrial Instruments']

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Procedural Posture

Civil / Judgment After Hearing, Assessment of Penalty and Orders

Legal Issues

  1. 1 ['Whether the issuing of DEWR memorandum constituted a breach of s 298K(1) of the Workplace Relations Act 1996' 'Whether refusals to grant leave breached certified agreements' 'Whether penalty should be imposed and its quantum']

Ratio Decidendi

The Commonwealth, by issuing the DEWR memorandum on 9 November 2005, breached s 298K(1)(c) of the Workplace Relations Act 1996 by altering the position of CPSU members to their prejudice for a prohibited reason, and by refusing leave to employees contrary to certified agreements. The claimed case was for a single penalty, and it would be unfair to impose penalties for multiple breaches where only a single penalty was pleaded. A penalty of $30,000 is appropriate and to be paid to the CPSU.

Court Disposition

Declarations made of breaches; penalty imposed and ordered to be paid to CPSU; no additional penalty for breaches of certified agreements.

Orders

  • ['Declaration that the respondent breached s 298K(1)(c) of the WR Act by issuing the DEWR memorandum dated 9 November 2005.' 'Declaration of breach of clause 2.2 of the Australian Customs Service Certified Agreement 2004–2007 by refusal to grant leave to Douglas McGill.' "Declaration of breach of clause 119 of the...