Australian Rail Tram & Bus Industry Union v Torrens Transit Services Pty Ltd [2001] FCA 975

Australian Rail Tram & Bus Industry Union v Torrens Transit Services Pty Ltd [2001] FCA 975

Torrens Transit Services Pty Ltd was bound from 23 April 2000 by the Port Adelaide Agreement and the Mile End Agreement by operation of s 170MB(2) of the Workplace Relations Act 1996 (Cth), but only to the extent that those agreements respectively related to the part of TransAdelaide's business in fact transmitted to Torrens Transit Services Pty Ltd. A declaration should be made because it would formally resolve a continuing practical dispute between the parties notwithstanding that no further orders were sought in the proceeding.

Jurisdiction
Australia
Judgment Date
25 July 2001
Procedural Posture
Proceeding for Declarations Under the Workplace Relations Act 1996 (cth) Concerning Certified Agreements / Final Declaratory Orders After Separate Question Heard and Determined
Outcome
Separate question determined and declaration made; no other orders made in respect of the orders sought in the application made on 6 March 2000.
Legal Topics
['certified Agreements' 'transmission of Business' 'separate Question' 'declaratory Relief']
['industrial Law' 'employment Law' 'civil Procedure'] ['certified Agreements' 'transmission of Business' 'separate Question' 'declaratory Relief']

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Procedural Posture

Proceeding for Declarations Under the Workplace Relations Act 1996 (cth) Concerning Certified Agreements / Final Declaratory Orders After Separate Question Heard and Determined

Legal Issues

  1. 1 ['Whether Torrens Transit Services Pty Ltd is bound by the TransAdelaide Port Adelaide Bus Certified Agreement 1998 and/or the TransAdelaide Mile End Bus Certified Agreement 1998 by operation of s 170MB of the Workplace Relations Act 1996 (Cth).' 'Whether it was appropriate to make declaratory orders when the applicants no longer sought penalties, injunctions or other consequential orders in the proceedings.']

Ratio Decidendi

Torrens Transit Services Pty Ltd was bound from 23 April 2000 by the Port Adelaide Agreement and the Mile End Agreement by operation of s 170MB(2) of the Workplace Relations Act 1996 (Cth), but only to the extent that those agreements respectively related to the part of TransAdelaide's business in fact transmitted to Torrens Transit Services Pty Ltd. A declaration should be made because it would formally resolve a continuing practical dispute between the parties notwithstanding that no further orders were sought in the proceeding.

Court Disposition

Separate question determined and declaration made; no other orders made in respect of the orders sought in the application made on 6 March 2000.

Orders

  • ['Pursuant to O 29 r 2 of the Federal Court Rules, the question whether Torrens Transit Services Pty Ltd is bound by the TransAdelaide Port Adelaide Bus Certified Agreement 1998 and/or the TransAdelaide Mile End Bus Certified Agreement 1998 by operation of s 170MB of the Workplace Relations Act 1996 (Cth) be heard...