FEDERAL COURT OF AUSTRALIA
CPSU, The Community and Public Sector Union v Telstra
Corporation Limited
[2001] FCA 1364INDUSTRIAL LAW –contraventions of s 298K of the Workplace Relations Act 1996 (Cth) – penalty to be imposed – factors to be taken into account – whether penalty should be paid to union
Workplace Relations Act 1996 (Cth) ss 298K(1), 298U, 347, 356
Australian Competition and Consumer Commission v ABB Transmission and Distribution Limited [2001] FCA 383 - applied
Automotive, Food, Engineering, Printing and Kindred Industries Union v DMG Industries Pty Ltd (2000) 102 IR 175 – followed
CPSU, The Community and Public Sector Union v Telstra Corporation Limited (2000) 99 IR 238 – referred to
CPSU, The Community and Public Sector Union v Telstra Corporation Limited [2001] FCA 813 – referred to
Gibbs v The Major, Councillors and Citizens of the City of Altona (1992) 37 FCR 216 – referred to
Maritime Union of Australia v Geraldton Port Authority (No 2) (2000) 94 IR 404 - followed
Municipal Officers Association of Australia v City of Bayswater (1987) 22 IR 45 - applied
R v Thompson (1975) 11 SASR 217 - applied
Seymour v Stawell Timber Industries Pty Ltd (1985) 13 IR 289 - applied
Telstra Corporation Limited v The Community and Public Sector Union (2001) 107 FCR 93 – referred toCPSU, THE COMMUNITY AND PUBLIC SECTOR UNION, ASSOCIATION OF PROFESSIONAL ENGINEERS, SCIENTISTS AND MANAGERS, AUSTRALIA, COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA and PROFESSIONAL OFFICERS’ ASSOCIATION (VICTORIA) v TELSTRA CORPORATION LIMITED
V 194 of 2000
JUDGE: FINKELSTEIN J
PLACE: MELBOURNE
DATE: 26 SEPTEMBER 2001
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
V 194 of 2000
BETWEEN:
CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION, ASSOCIATION OF PROFESSIONAL ENGINEERS, SCIENTISTS AND MANAGERS, AUSTRALIA, COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA and PROFESSIONAL OFFICERS’ ASSOCIATION (VICTORIA)
ApplicantsAND:
TELSTRA CORPORATION LIMITED
Respondent
JUDGE:
FINKELSTEIN J
DATE:
26 SEPTEMBER 2001
PLACE:
MELBOURNE
THE COURT ORDERS THAT:
The Respondent pay a penalty of $1.70 for each of the 43,828 contraventions of s 298K of the Workplace Relations Act 1996 (Cth).
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
V 194 of 2000
BETWEEN:
CPSU, THE COMMUNITY AND PUBLIC SECTOR UNION, ASSOCIATION OF PROFESSIONAL ENGINEERS, SCIENTISTS AND MANAGERS, AUSTRALIA, COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA and PROFESSIONAL OFFICERS’ ASSOCIATION (VICTORIA)
ApplicantsAND:
TELSTRA CORPORATION LIMITED
Respondent
JUDGE:
FINKELSTEIN J
DATE:
26 SEPTEMBER 2001
PLACE:
MELBOURNE
REASONS FOR JUDGMENT
On 29 June 2001 I delivered my reasons for holding that the respondent, Telstra Corporation Limited, had contravened s 298K(1) of the Workplace Relations Act 1996 (Cth). The contravention results from an email sent by the managing director of Telstra’s Employee Relations Group to the managers and team leaders of the group. Earlier I found that the email would…
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- Case
- [2001] FCA 1364
- Decision Date
CaseChat Overview and Summary
The central legal issue for the court to decide was whether Telstra had contravened section 298K by failing to provide the CPSU with information as mandated by the legislation. The court had to interpret the statutory provisions to ascertain the nature and scope of the obligations imposed on Telstra and whether these obligations were indeed breached. Additionally, the court needed to decide on the appropriate penalty for each contravention, if any, given the statutory framework and the facts of the case.
In its decision, the Federal Court held that Telstra was indeed liable for the contraventions of section 298K. The court meticulously examined the statutory requirements and the evidence presented, concluding that Telstra had not fulfilled its obligations under the law. The court then determined the appropriate penalty for each contravention, taking into account the legislative framework and the circumstances of the case. As a result, Telstra was ordered to pay a penalty of $1.70 for each of the 43,828 contraventions identified.
The court's final orders required Telstra to pay a penalty of $1.70 for each of the 43,828 contraventions of section 298K. This sum totalled to a significant financial penalty, reflecting the seriousness of the contraventions found against Telstra. The decision underscores the importance of compliance with workplace legislation and the consequences of failing to meet statutory obligations.
Orders
Orders of the court
The Respondent pay a penalty of $1.70 for each of the 43,828 contraventions of s 298K of the Workplace Relations Act 1996 (Cth).
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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