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Gribbles Radiology Pty Ltd v Health Services Union of Australia   flag  6

[2003] FCAFC 56
Federal Court of Australia
Australia - Commonwealth
28th March, 2003

Cases Referring to this Case

Case Name Citation(s) Court Jurisdiction Date †  Full Text Citation Index
Central Queensland Ports Authority - re Amalgamation of Port Authorities - PR961544 [2005] AIRC 718 Australian Industrial Relations Commission Australia 18 Aug 2005 AustLII flag
Australian Workers' Union v Skyway Executive Pty Ltd - PR940166 [2003] AIRC 1359 Australian Industrial Relations Commission Australia 3 Nov 2003 AustLII flag
CPSU, the Community and Public Sector Union - re Appeals against refusals to find industrial dispute; jurisdiction; whether classes of employment subject to dispute within eligibility coverage of CPSU, the Community and Public Sector Union, (CPSU); construction of eligibility rule; leave to appeal allowed; meaning of expression 'part of a business, whose principal function is incidental, ancillary or complementary to the supply of telecommunication services'; whether activities of employers properly characterised as being within that industry description; principles of construction of union eligibility rule; manner in which rule came about is a relevant consideration in construction of rule; consideration of history of rule in perspective with use of similar words in statute and case law; use of expressions elsewhere in rules; meaning of 'business', 'part of a business' and 'principal function'; history of reference to 'part of a single business' in enterprise bargaining and transmission of business provisions in Act; consideration of reasons given by designated Presidential Member when making initial alteration and reasons stated for second alteration; for the purpose of the rule, 'business' connotes the organisation of work or resources by an employer, for commercial, public purpose or like activity; 'part of a business' connotes an identifiable or discrete activity within a business of the kind described; the expression 'whose principal function' denotes a requirement that, from the whole or substantial portion of the relevant business or organisation of work, the effective outcome be activity of the relevant description; the organisation of work by EDS pursuant to a contract for services to support systems used by Telstra and the organisation of work by it within a particular organisational unit within the CPSUs eligibility coverage; so is the organisation of work by IBM GSA pursuant to a contract for services to Telstra; each appeal allowed; finding of dispute made on determination of each appeal - PR939419 Australian Industrial Relations Commission Australia 17 Oct 2003 AustLII flag
Australian Liquor, Hospitality and Miscellaneous Workers Union v Australasian Correctional Management Pty Ltd , and Group 4 Falck Global Solutions Pty Ltd re LHMU - PR931430 [2003] AIRC 522 Australian Industrial Relations Commission Australia 19 May 2003 AustLII flag

Law Journal Articles Referring to this Case

Journal Article Title Citation(s) Author Jurisdiction Date †  Full Text Citation Index
"Post Amcor and Gribbles: A New Era for Succession or Business and Redundancy Law" (2005) 10 Deakin Law Review 394 Catanzariti, Joe Australia circa 2005 AustLII flag 1
"Redundancy and Interpretation in Industrial Agreements: The Amcor Case" (2004) 26 Sydney Law Review 241 Frazer, Andrew Australia circa 2004 AustLII flag 1

Legislation Cited

Legislation Name Provision
Federal Court Rules (Cth)
Workplace Relations Act 1996 (Cth) s149, s178

Cases and Articles Cited

Case Name Citation(s) Court Jurisdiction Date †  Full Text Citation Index
Minister of State for Employment, Workplace Relations and Small Business v Community & Public Sector Union [2001] FCA 316; 109 FCR 303 Federal Court of Australia Australia - Commonwealth 15 Jun 2001 AustLII flag 15
Stellar Call Centres Pty Ltd v CEPU [2001] FCA 106; (2001) 106 FCR 302 Federal Court of Australia Australia - Commonwealth 21 Feb 2001 AustLII flag 17
Australian Rail Tram and Bus Industry Union v Torrens Transit Services Pty Ltd [2000] FCA 1683; (2000) 105 FCR 88 Federal Court of Australia Australia - Commonwealth 21 Nov 2000 AustLII flag 17
PP Consultants Pty Ltd v Finance Sector Union of Australia [2000] HCA 59; (2000) 201 CLR 648; 176 ALR 205; (2000) 75 ALJR 191; (2000) 21 Leg Rep 2 High Court of Australia Australia - Commonwealth 16 Nov 2000 AustLII flag 65
North Western Health Care Network v Health Services Union of Australia [1999] FCA 897; (1999) 92 FCR 477; (1999) 52 FLR 477; 164 ALR 147 Federal Court of Australia Australia - Commonwealth 2 Jul 1999 AustLII flag 31
Australasian Meat Industry Employees Union v MT Schank Meat Processing (1998) 81 IR 157 circa 1998 2
Minister for Immigration and Ethnic Affairs v Baker [1997] FCA 105; (1997) 73 FCR 187; (1997) 153 ALR 463; (1997) 45 ALD 136; (1997) 24 AAR 457 Federal Court of Australia Australia - Commonwealth 26 Feb 1997 AustLII flag 405
George Hudson Ltd v Australian Timber Workers' Union [1923] HCA 38; (1923) 32 CLR 413; 30 ALR 13 High Court of Australia Australia - Commonwealth 23 Aug 1923 AustLII flag 128

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