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…
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- Case
- [2001] FCA 975
- Decision Date
CaseChat Overview and Summary
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
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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