CPSU, Community & Public Sector Union & Ors v Commonwealth of Australia [1999] FCA 653

CPSU, Community & Public Sector Union & Ors v Commonwealth of Australia [1999] FCA 653

There is no serious issue to be tried on the facts presented; the Family Court’s restructuring and creation of new Deputy Registrar positions does not amount to a breach of statutory duty or contract, nor does it contravene provisions concerning prohibited reasons or duress in the Workplace Relations Act. The...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 May 1999
Procedural Posture
Application for Interlocutory Relief and Notice of Motion / Interlocutory Hearing; Orders and Reasons for Judgment
Outcome
Application for interlocutory relief dismissed; respondent's notice of motion adjourned.
Legal Topics
['breach of Statutory Duty' 'breach of Contract' 'representative Proceedings' 'australian Workplace Agreement' 'workplace Restructure']
['industrial Law' 'employment Law'] ['breach of Statutory Duty' 'breach of Contract' 'representative Proceedings' 'australian Workplace Agreement' 'workplace Restructure']

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Procedural Posture

Application for Interlocutory Relief and Notice of Motion / Interlocutory Hearing; Orders and Reasons for Judgment

Legal Issues

  1. 1 ['Whether the respondent breached statutory duty under the Public Service Act 1922 (Cth) in its restructure of Deputy Registrar positions' 'Whether there was breach of contract in relation to Deputy Registrars’ employment' 'Whether the respondent’s conduct contravened ss 170WG(1) and 298K of the Workplace Relations Act 1996 (Cth)' 'Whether the proceeding could continue as a representative proceeding under s 33E of Federal Court of Australia Act 1976 (Cth)']

Ratio Decidendi

There is no serious issue to be tried on the facts presented; the Family Court’s restructuring and creation of new Deputy Registrar positions does not amount to a breach of statutory duty or contract, nor does it contravene provisions concerning prohibited reasons or duress in the Workplace Relations Act. The representative proceeding cannot continue for group members who are officers of the Commonwealth absent written consent as required under s 33E(2)(d) of the Federal Court of Australia Act.

Court Disposition

Application for interlocutory relief dismissed; respondent's notice of motion adjourned.

Orders

  • ["The applicants' application for interlocutory relief be dismissed." "The respondent's notice of motion be adjourned to 10.15 am on 7 June 1999."]