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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
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Australian Industrial Relations Commission
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Australia
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17 Oct 2003
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AustLII
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