FEDERAL COURT OF AUSTRALIA

 

Employment National Ltd v CPSU [2000] FCA 452


EMPLOYMENT NATIONAL LTD & EMPLOYMENT NATIONAL (ADMINISTRATION) PTY LTD v CPSU, THE COMMUNITY & PUBLIC SECTOR UNION AND MINISTER OF STATE FOR EMPLOYMENT WORKPLACE RELATIONS & SMALL BUSINESS

 

NG 181 OF 1998

 

MINISTER OF STATE FOR EMPLOYMENT WORKPLACE RELATIONS & SMALL BUSINESS v EMPLOYMENT NATIONAL LTD & EMPLOYMENT NATIONAL (ADMINISTRATION) PTY LTD AND CPSU, THE COMMUNITY & PUBLIC SECTOR UNION

 

NG 331 OF 1998

 

CPSU, THE COMMUNITY & PUBLIC SECTOR UNION v EMPLOYMENT NATIONAL LTD, EMPLOYMENT NATIONAL (ADMINISTRATION) PTY LTD AND MINISTER OF STATE FOR EMPLOYMENT WORKPLACE RELATIONS & SMALL BUSINESS

 

NG 402 OF 1998

 

 

EINFELD J

11 APRIL 2000

SYDNEY

 


IN THE FEDERAL COURT OF AUSTRALIA

 

NEW SOUTH WALES DISTRICT REGISTRY

 

 

BETWEEN:

NG 181 OF 1998

EMPLOYMENT NATIONAL LIMITED AND EMPLOYMENT NATIONAL (ADMINISTRATION) PTY LTD

Applicants

 

AND:

CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION

First Respondent

 

MINISTER OF STATE FOREMPLOYMENT WORKPLACE RELATIONS AND SMALL BUSINESS

Second Respondent

 

BETWEEN:

NG 331 OF 1998

MINISTER OF STATE FOR EMPLOYMENT WORKPLACE RELATIONS AND SMALL BUSINESS

Applicant

 

AND:

EMPLOYMENT NATIONAL LTD AND EMPLOYMENT NATIONAL (ADMINISTRATION) PTY LTD

First Respondents

 

Second Respondent

 

CPSU, THE COMMUNITY & PUBLIC SECTOR UNION

Third Respondent

 

BETWEEN:

NG 402 OF 1998

CPSU, THE COMMUNITY & PUBLIC SECTOR UNION

Applicant

 

AND:

EMPLOYMENT NATIONAL LTD

First Respondent

 

EMPLOYMENT NATIONAL (ADMINISTRATION) PTY LTD

Second Respondent

 

MINISTER OF STATE FOR EMPLOYMENT WORKPLACE RELATIONS AND SMALL BUSINESS

Third Respondent

 

 

 

 

JUDGE:

EINFELD J

DATE:

11 APRIL 2000

PLACE:

SYDNEY


CORRIGENDUM

1                     In the reasons for judgment handed down in these matters by Justice Einfeld on 11 April 2000 the following minor amendments should be made:

Page 3, paragraph 4, line 3:  Substitute “provisions” for “sections”.

Page 10, paragraph 26, line 3:  After the word “were”, insert the word “the”.

Page 11, paragraph 29, line 8:  After the word “meaning”, insert the words “of the word”.

Page 12, paragraph 31:  Insert one comma after the word “distinction” in line 1, and another after “170LB” in line 2.

Page 16, line 2:  After the word “exercise”, insert the words “for this case”.

Page 16:  Reverse the order and numbers of paragraphs 42 and 43.

Page 21, paragraph 60, line 2:  After the words “actual roles”, insert the words “in both positions”.

Page 22, line 2:  After the word “activities”, insert “as at CES”.

Page 23, paragraph 65, line 13:  Substitute “the change” for “this change has”.

Page 30, line 13:  Delete the hyphen from “longer-term”.

Page 32, paragraph 91, lines 4-6:  Substitute “” for ‘’ around the words beginning with “many” (line 4) and ending with “same” (line 6).

Page 33, line 7:  Substitute “courts” for “Courts”.

Page 36, paragraph 99, line 6:  Before the page number “104”, add the word “at”.

Page 37, paragraph 102, line 5:  After the words “suggests that”, delete all words to the end of the sentence and substitute the words “something more obvious is required than merely the ‘parties bound’ clause”.

Page 38, paragraph 104, line 2:  Delete the commas after the words “matter” and “qualify”.

Page 39, paragraph 110, line 3:  After the word “employees”, insert a comma.

Page 41, paragraph 114, line 2:  After the words “peculiar to the APS”, substitute the words “that they” for the words “and so”.

Page 43, line 1: After the word “that”, substitute the word “the” for the word “this”.

Page 43, line 4:  Substitute the word “or” for the word “nor”.


Associate:


Dated:              12 April 2000