CEPU v Australian Postal Corporation

The Australian Council of Trade Unions (ACTU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) sought an order against the Australian Postal Corporation (Apost) for contraventions of the Fair Work Act 2009. The Fair Work Ombudsman intervened in the proceeding. Apost filed an application to amend its defence, which the union opposed. The union filed a cross-application to amend its statement of claim, which Apost opposed. The union and the Fair Work Ombudsman filed a joint application for directions. The legal issues before the court included whether the union’s application to amend the statement of claim should be allowed, and whether Apost’s application to amend its defence should be allowed. The court held that the union’s application to amend the statement of claim should be allowed in part, and that Apost’s application to amend its defence should be refused. The union’s application to amend its statement of claim was allowed in part because the union had not provided sufficient detail about the alleged contraventions of the Fair Work Act 2009. The union was required to provide more specific details about the alleged contraventions, the employees involved, the adverse action taken, and the workplace rights relied upon. The court held that Apost’s application to amend its defence should be refused because the union had not provided sufficient detail about the alleged contraventions of the Fair Work Act 2009. The court held that Apost’s application to amend its defence was not necessary because the union’s statement of claim did not provide sufficient detail about the alleged contraventions of the Fair Work Act 2009. The court ordered that the union’s application to amend its statement of claim be allowed in part, and that Apost’s application to amend its defence be refused. The court also ordered that the union and Apost provide further particulars and file affidavits by specified dates. The proceeding was listed for pre-hearing directions and a hearing.