Legal Research
Cases
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Essential Energy

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Essential Energy

Case [2018] FWC 570

No judgment structure available for this case.

Type to search within this case.

This content is currently unavailable.

Details

AGLC: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Essential Energy [2018] FWC 570
Case: [2018] FWC 570
Decision Date: 15 FEBRUARY 2018

CaseChat Overview and Summary

AI summary not yet generated for this case.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Actions

Citations

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Essential Energy [2018] FWC 570

Most Recent Citation

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Ausgrid [2018] FWC 1093

Cases Citing This Decision

Police Federation of Australia v Victoria Police/Chief Commissioner of Police [2019] FWC 127
Citation 1 (Para 52)

…160 Ibid; with reference to CEPU v Essential Energy [2018] FWC 570 at [52]; and Police Federation of Australia v Victoria Police/Chief Commissioner of Police [2015] FWC 924 at [27].…
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Ausgrid [2018] FWC 1093
Citation 2

…n Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Essential Energy [2018] FWC 570 , ‘working on, or near the Network’ is not measured by some arbitrary percentage of time spent in performing part of the role. It may vary from week to week, or…

Cases Cited

Statutory Material Cited

Hilditch v AHG Services (NSW) Trading as Lansvale Holden [2017] FCCA 1086
Citation 1 (Para 1)

…position. A direction to attend for a medical assessment is both lawful and reasonable; see: Hilditch v AHG Services (NSW) Trading As Lansvale Holden [2017] FCCA 1086 (‘ Hilditch ’); Qantas Airways Ltd v Christies (1998) 193 CLR 280 and XPT Case .…
Lion Dairy and Drinks Milk Limited v Norman [2016] FWCFB 4218
Citation 2 (Para 1)

…end a medical assessment; see: Blackadder v Ramsey Butchering Services Pty Ltd [2002] FCA 603 and Lion Dairy and Drinks Milk Limited v Peter Norman [2016] FWCFB 4218; 261 IR 60. Mr Berryman addressed the Union’s claim that employees found to be permanently unfit may lead to termination. He submitted that this can oc…
Grant v BHP Coal Pty Ltd [2014] FWCFB 3027
Citation 3 (Para 1)

…In an appeal decision, Grant v BHP Coal Pty Ltd [2014] FWCFB 3027, the Full Bench of the Commission after citing the decision of Dixon J ( supra above), said at paras [113] to [115]…
Lance Pedersen v H.J. Heinz Company Australia Limited T/A Golden Circle Limited [2010] FWA 8631
Citation 4

…A failure to assess an employees’ medical capacity may constitute negligence; see: Pederson v H J Heinz Company Australia Limited t/a Golden Circle [2010] FWA 8631 (‘ Golden Circle ’). (b)The reasonableness of a medical assessment is also a product of the nature of the work, and practices of the organisation; see:…
Blackadder v Ramsey Butchering Services Pty Ltd [2002] FCA 603
Citation 5 (Para 1)

…be reasonable, in these circumstances, to require an employee to attend a medical assessment; see: Blackadder v Ramsey Butchering Services Pty Ltd [2002] FCA 603 and Lion Dairy and Drinks Milk Limited v Peter Norman [2016] FWCFB 4218; 261 IR 60. Mr Berryman addressed the Union’s claim that employees found to be…
Qantas Airways Ltd v Christie [1998] HCA 18
Citation 6 (Para 1)

…ful and reasonable; see: Hilditch v AHG Services (NSW) Trading As Lansvale Holden [2017] FCCA 1086 (‘ Hilditch ’); Qantas Airways Ltd v Christies (1998) 193 CLR 280 and XPT Case .…
Byrne v Australian Airlines Ltd [1995] HCA 24
Citation 7

…preceding paragraph, on the basis that such terms pass the test of "necessity" accepted by McHugh and Gummow JJ in Byrne v Australian Airlines Ltd [1995] HCA 24; (1995) 185 CLR 410 at 450.’…
R v Darling Island Stevedoring and Lighterage Co Ltd; Ex parte Halliday and Sullivan [1938] HCA 44
Citation 8 (Para 1)

…any authority is necessary for this proposition, I refer to the comments of Dixon J in R v Darling Island Stevedoring and Lighterage Company Limited (1938) 60 CLR 601 at 621-622:…
State Rail Authority of New South Wales v Australian Federated Union of Locomotive Enginemen [1985] FCA 312
Citation 9 (Para 1)

…In oral submissions, Mr McKinnon acknowledged the principles set out in the Australian Federated Union of Locomotive Enginemen v State Rail Authority of New South Wales (1984) 295 CAR 188 (the ‘ XPT Case ’) as to the reasonableness of the Commission interfering with management prerogative. Here the Commission would interfere, as Essential’s proposed scope was unreasonable, unfair and unjust. The…
Bayley v Osborne [1984] FCA 460
Citation 10

…able: Australian Telecommunications Commission v Hart (1982) 43 ALR 165 at 170 per Fox J, with whom Sheppard J agreed ( Northrop J not deciding); Bayley v Osborne (1984) 10 IR 5 at 8 per Davies J; Izdes v L.G. Bennett & Co. Pty Ltd t/as Alba Industries (1995) 61 IR 439 at 449 per Beazley J.’…
Australian Telecommunications Commission v Hart [1982] FCA 197
Citation 11

…nsus now is that an employee is only obliged to obey orders which are both lawful and reasonable: Australian Telecommunications Commission v Hart (1982) 43 ALR 165 at 170 per Fox J, with whom Sheppard J agreed ( Northrop J not deciding); Bayley v Osborne (1984) 10 IR 5 at 8 per Davies J; Izdes v L.G. Bennett & Co. P…

AI Chat coming soon