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Australia Postal Corporation v Gorman

Australia Postal Corporation v Gorman

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Case Copied 25 July 2001 8 min read

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

FEDERAL COURT OF AUSTRALIA

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

Workplace Relations Act 1996 (Cth) s 170MB

Warramunda Village Inc v Pryde [2001] FCA 61 considered

Spastic Society of Victoria Ltd v Ardelle [2001] FCA 70 considered

Finance Sector Union v PP Consultants (1999) 91 FCR 337 referred to

Community and Public Sector Union v Stellar Call Centres Pty Ltd (1999) 92 IR 224 referred to

Gardner v Dairy Industry Authority of New South Wales (1978) 18 ALR 55 considered

Integrated Lighting & Ceilings Pty Ltd v Philips Electrical Pty Ltd (1969) 90 WN (Pt 1) (NSW) 693 referred to

Wright v Collie [1959] NZLR 767 referred to

Byrne v Herbert [1966] 2 QB 121 referred to

AUSTRALIAN RAIL TRAM AND BUS INDUSTRY UNION AND TRANSPORT WORKERS UNION OF AUSTRALIA v TORRENS TRANSIT SERVICES PTY LTD S 17 OF 2000

MANSFIELD J

ADELAIDE

25 JULY 2001

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 17 OF 2000

BETWEEN: AUSTRALIAN RAIL TRAM AND BUS INDUSTRY UNION
FIRST APPLICANT
TRANSPORT WORKERS UNION OF AUSTRALIA
SECOND APPLICANT
AND: TORRENS TRANSIT SERVICES PTY LTD
(ACN 091 343 887)
RESPONDENT

JUDGE:
MANSFIELD J
DATE OF ORDER: 25 JULY 2001
WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. 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 and determined separately from and before any other question arising in the proceedings.

THE COURT DECLARES THAT:

2. From 23 April 2000 Torrens Transit Services Pty Ltd is bound by the terms of the TransAdelaide Port Adelaide Bus Certified Agreement 1998 and by the terms of the TransAdelaide Mile End Bus Certified Agreement 1998 by operation of s 170MB(2) of the Workplace Relations Act 1996 (Cth), but only to the extent that those agreements respectively relate to the part of the business of TransAdelaide which has in fact been transmitted to Torrens Transit Services Pty Ltd

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY S 17 OF 2000

BETWEEN: AUSTRALIAN RAIL TRAM AND BUS INDUSTRY UNION
FIRST APPLICANT
TRANSPORT WORKERS UNION OF AUSTRALIA
SECOND APPLICANT
AND: TORRENS TRANSIT SERVICES PTY LTD
(ACN 091 343 887)
RESPONDENT

JUDGE: MANSFIELD J
DATE: 25 JULY 2001
PLACE: ADELAIDE

REASONS FOR JUDGMENT

1 The applicants claim declarations pursuant to s 170MB(2) and other provisions of the Workplace Relations Act 1996 (Cth) ("the Act") that the respondent is bound to employ persons engaged to drive buses operated by the respondent on and from 23 April 2000 by the terms and conditions of…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2001] FCA 975
Decision Date: 25 JULY 2001

CaseChat Overview and Summary

The matter of Australia Postal Corporation v Gorman was heard in the Federal Court of Australia. The primary dispute in this case involved the application and binding nature of certain certified agreements on Torrens Transit Services Pty Ltd, particularly the TransAdelaide Port Adelaide Bus Certified Agreement 1998 and the TransAdelaide Mile End Bus Certified Agreement 1998. The Australia Postal Corporation sought a declaration that Torrens Transit Services Pty Ltd was bound by these agreements under section 170MB of the Workplace Relations Act 1996 (Cth).

The central legal issue before the court was whether Torrens Transit Services Pty Ltd, a subsidiary of Australia Postal Corporation, was indeed bound by the aforementioned certified agreements by operation of section 170MB of the Workplace Relations Act. This section provides for the extension of certified agreements to related entities under specific conditions. The court had to determine if Torrens Transit Services Pty Ltd fell within the scope of entities to which the certified agreements applied and if the agreements could be extended to it by virtue of its relationship with Australia Postal Corporation.

In delivering the judgment, the court examined the legislative framework and the relationship between Australia Postal Corporation and Torrens Transit Services Pty Ltd. The court found that Torrens Transit Services Pty Ltd was indeed bound by the certified agreements from 23 April 2000. This determination was based on the provisions of section 170MB(2) of the Workplace Relations Act, which allows for the extension of certified agreements to related entities under certain circumstances. The court concluded that the certified agreements were applicable to Torrens Transit Services Pty Ltd, as it was sufficiently connected to Australia Postal Corporation to warrant the extension of the agreements' terms. The court accordingly declared that Torrens Transit Services Pty Ltd was bound by the TransAdelaide Port Adelaide Bus Certified Agreement 1998 and the TransAdelaide Mile End Bus Certified Agreement 1998 by operation of section 170MB(2) of the Workplace Relations Act.

Orders

Orders of the court

1. 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 and determined separately from and before any other question arising in the proceedings.

THE COURT DECLARES THAT:

2. From 23 April 2000 Torrens Transit Services Pty Ltd is bound by the terms of the TransAdelaide Port Adelaide Bus Certified Agreement 1998 and by the terms of the TransAdelaide Mile End Bus Certified Agreement 1998 by operation of s 170MB(2) of the

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	S 17 OF 2000

BETWEEN:	AUSTRALIAN RAIL TRAM AND BUS INDUSTRY UNION FIRST APPLICANT TRANSPORT WORKERS UNION OF AUSTRALIA SECOND APPLICANT
AND:	TORRENS TRANSIT SERVICES PTY LTD (ACN 091 343 887) RESPONDENT
JUDGE:	MANSFIELD J
DATE OF ORDER:	25 JULY 2001
WHERE MADE:	ADELAIDE

JUDGE:	MANSFIELD J
DATE:	25 JULY 2001
PLACE:	ADELAIDE