FEDERAL COURT OF AUSTRALIA

 

CPSU, The Community and Public Sector Union -v- State of Victoria [2000] FCA 14

 

 

 

INDUSTRIAL LAW – whether certain employees of respondent are casual employees – whether award is relevant in determining the issue – whether employer’s categorisation of the positions is a relevant factor – whether respondent has breached s 298K and/or s 298L of the Workplace Relations Act 1996 (Cth) – whether conduct alleged by the applicants made out.

 



Workplace Relations Act 1996 (Cth) ss 178, 298K, 298L, 298V

Public Sector Management Act 1992 (Vic) Div 5A, Part 2, s 35A(1)

Public Service (Non Executive Staff – Victoria) Interim Award 1996


Community & Public Sector Union v Crown in Right of the State of Victoria (1999) 90 IR 16, referred to

Doyle v Sydney Steel Company Limited (1936) 56 CLR 545, applied

Ryde-Eastwood Leagues Club Limited v Taylor (1994) 56 IR 385, referred to

Reed v Blue Line Cruises Limited (1996) 73 IR 420, distinguished

Burcombe v Oldham (t/as The Royal Hotel) (1996) 71 IR 404, distinguished

 


 



CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION & ORS -v- STATE OF VICTORIA

 

V 107 OF 1999

 



 

MARSHALL J

MELBOURNE

14 JANUARY 2000


IN THE FEDERAL COURT OF AUSTRALIA

 

VICTORIA DISTRICT REGISTRY

V 107 OF 1999

 

BETWEEN:

CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION

First Applicant

 

ROBERT MURRELL

Second Applicant

 

DARREN JOHN HUTCHINS

Third Applicant

 

AND:

STATE OF VICTORIA

Respondent

 

JUDGE:

MARSHALL J

DATE OF ORDER:

14 JANUARY 2000

WHERE MADE:

MELBOURNE

 

 

CORRIGENDUM

 

In the Reasons for Judgment of Marshall J delivered on 14 January 2000:

 

1.         At page 10 remove the inverted commas and replace the italics on the words “on the evidence of Mr Windisch and Mr Maloney”.

 


I certify that this is a true copy

of the corrigendum made to the

Reasons for Judgment in this

matter of the Honourable

Justice Marshall.


Associate:


Date: