Town, Meredyth v Australian Telecommunications Commission & Anor [1983] FCA 54

Town, Meredyth v Australian Telecommunications Commission & Anor [1983] FCA 54

For a declaration pursuant to s.5 of the Commonwealth Employees (Employment Provisions) Act 1977 to be valid, the industrial action upon which the notice is based must be in existence at the time the declaration is made.

Parties
Appellant: Meredyth Town; First Respondent: Australian Telecommunications Commission; Second Respondent: Alfred Alexander Eves
Jurisdiction
Australia
Judgment Date
07 April 1983
Procedural Posture
Appeal / Appeal From Decision on Preliminary Question by Single Judge
Outcome
Appeal allowed
Legal Topics
Standing Down of Commonwealth Employees, Industrial Action, Interpretation of Statutory Provisions Regarding Employee Stand Down, Jurisdiction and Appealability of Orders Under Federal Court Rules
Employment Law Administrative Law Standing Down of Commonwealth Employees Industrial Action Interpretation of Statutory Provisions Regarding Employee Stand Down Jurisdiction and Appealability of Orders Under Federal Court Rules

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Parties

Meredyth Town

Appellant

Australian Telecommunications Commission

First Respondent

Alfred Alexander Eves

Second Respondent

Procedural Posture

Appeal / Appeal From Decision on Preliminary Question by Single Judge

Legal Issues

  1. 1 Whether a declaration to stand down employees under s.5 of the Commonwealth Employees (Employment Provisions) Act 1977 is valid if industrial action has ceased before the declaration is made
  2. 2 Jurisdiction and appealability of an answer to a preliminary question under Federal Court Rules

Ratio Decidendi

For a declaration pursuant to s.5 of the Commonwealth Employees (Employment Provisions) Act 1977 to be valid, the industrial action upon which the notice is based must be in existence at the time the declaration is made.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed.
  • The answer to question 2(a) of the preliminary questions is set aside and substituted with: 'For a declaration pursuant to s.5 of the Commonwealth Employees (Employment Provisions) Act 1977 to be valid, the industrial action upon which the notice is based must be in existence at the time the declaration is made.'