FEDERAL COURT OF AUSTRALIA
Minister of State for Employment Workplace Relations and Small Business v CPSU, Community and Public Sector Union [2001] FCA 316
MINISTER OF STATE FOR EMPLOYMENT WORKPLACE RELATIONS AND SMALL BUSINESS V CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION, EMPLOYMENT NATIONAL LIMITED AND EMPLOYMENT NATIONAL (ADMINISTRATION) PTY LIMITED
NO. N 429 of 2000
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EMPLOYMENT NATIONAL LIMITED AND EMPLOYMENT NATIONAL (ADMINISTRATION) PTY LIMITED V CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION AND MINISTER OF STATE FOR EMPLOYMENT WORKPLACE RELATIONS AND SMALL BUSINESS
NO. N 432 OF 2000
JUDGES: BEAUMONT ACJ, RYAN & MADGWICK JJ
DATE: 15 JUNE 2001
PLACE: SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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NEW SOUTH WALES DISTRICT REGISTRY |
N 429 OF 2000 |
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
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BETWEEN: |
MINISTER OF STATE FOR EMPLOYMENT WORKPLACE RELATIONS AND SMALL BUSINESS APPELLANT
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AND: |
CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION FIRST RESPONDENT
EMPLOYMENT NATIONAL LIMITED SECOND RESPONDENT
EMPLOYMENT NATIONAL (ADMINISTRATION) PTY LIMITED THIRD RESPONDENT
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N 432 OF 2000 |
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AND BETWEEN: |
EMPLOYMENT NATIONAL LIMITED AND EMPLOYMENT NATIONAL (ADMINISTRATION) PTY LIMITED APPELLANTS
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AND: |
CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION FIRST RESPONDENT
MINISTER OF STATE FOR EMPLOYMENT WORKPLACE RELATIONS AND SMALL BUSINESS SECOND RESPONDENT
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JUDGES: |
BEAUMONT ACJ, RYAN & MADGWICK JJ |
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DATE OF ORDER: |
15 JUNE 2001 |
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WHERE MADE: |
SYDNEY |
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CORRIGENDUM
1. The following orders in N429 of 2000 should have been attached to and formed part of the judgment of the Court published 15 June 2001:-
THE COURT ORDERS THAT:
1. The appeal be allowed in part.
2. The order made by Einfeld J on 11 April 2000 be varied;
(a) by adding to the declaration made in the proceedings numbered NG 181 of 1998, the words: “to the extent that each such award or agreement (as the case may be) was capable, on its proper construction, of applying to the applicants or either of them on or after that date”;
(b) by adding to the declaration made in the proceedings numbered NG 331 of 1998 the words: “to the extent that each such award or agreement (as the case may be) was capable, on its proper construction, of applying to the first respondents or either of them on or after that date”;
(b) by adding to the declaration made in the proceedings numbered NG 402 of 1998 the words “to the extent that each of such award or agreement (as the case may be) was capable, on its proper construction, of applying to the first and second respondents or either of them on or after that date”.
3. The appeal be otherwise dismissed.
2. The order in N432 of 2000 should be amended by substituting for the phrase “according to its terms” in each of sub-paragraphs 2(a), 2(b) and 2(c) the phrase “on its proper construction”.
Associate to Justice Ryan
16 July 2001
