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Re Union of Postal Clerks & Telegraphists; Ex parte Australian Telephone & Phonogram Officers' Association     14

Cases Referring to this Case

Case Name	Citation(s)	Court	Jurisdiction	Date †	Full Text		Citation Index
Queensland Services, Industrial Union of Employees v Council of the City of Gold Coast	[2021] QIRC 361	Queensland Industrial Relations Commission	Australia - Queensland	27 Oct 2021	AustLII
Enco Precast Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union	[2020] QIRC 188	Queensland Industrial Relations Commission	Australia - Queensland	30 Oct 2020	AustLII		11
Smethurst v Commissioner of the Australian Federal Police	[2020] HCA 14; (2020) 272 CLR 177; (2020) 376 ALR 575; (2020) 94 ALJR 502; 280 A Crim R 356	High Court of Australia	Australia - Commonwealth	15 Apr 2020	AustLII		101
Central Queensland Services Pty Ltd	[2019] FWC 5003	Fair Work Commission	Australia	18 Jul 2019	AustLII		1
United Firefighters ’ Union of Australia v Country Fire Authority	[2013] FWCFB 8165	Fair Work Commission	Australia	6 Nov 2013	AustLII		11
Elliott v New South Wales Ministry of Health (Ambulance Service of NSW)	[2012] NSWIRComm 141	New South Wales Industrial Relations Commission	Australia - New South Wales	7 Dec 2012	AustLII
Public Service Association and Professional Officers' Association Amalgamated Union of NSW v Director General, Department of Premier and Cabinet	[2010] NSWIRComm 59	New South Wales Industrial Relations Commission	Australia - New South Wales	7 May 2010	AustLII		1
Australian Municipal, Administrative, Clerical and Services Union v IBM Australia Ltd	[2008] AIRC 934	Australian Industrial Relations Commission	Australia	7 Aug 2008	AustLII
Optus Administration Pty Ltd and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union v Australian Municipal, Administrative, Clerical and Services Union re Optus Employment Partnership Agreement 2003 - PR946189	[2004] AIRC 420	Australian Industrial Relations Commission	Australia	30 Apr 2004	AustLII
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
Rescrete Industries Pty Ltd v Commissioner Jones of the Australian Industrial Relations Commission	[1998] FCA 930	Federal Court of Australia	Australia - Commonwealth	6 Aug 1998	AustLII		1
Industrial Relations Commission Decision 973/1989	[1990] AIRC 99	Australian Industrial Relations Commission	Australia	9 Feb 1990	AustLII
Industrial Relations Commission Decision 149/1989	[1989] AIRC 139	Australian Industrial Relations Commission	Australia	8 Mar 1989	AustLII
Dec 481/87 M Print G9089	[1987] AIRC 270	Australian Industrial Relations Commission	Australia	28 Aug 1987	AustLII

Legislation Cited

Cases and Articles Cited

Case Name	Citation(s)	Court	Jurisdiction	Date †	Full Text		Citation Index
R v Ludeke; Ex parte Customs Officers' Association of Australia	[1985] HCA 31; (1985) 155 CLR 513; (1985) 13 IR 86	High Court of Australia	Australia - Commonwealth	14 May 1985	AustLII		164
R v Cohen; Ex parte Motor Accidents Insurance Board	[1979] HCA 46; (1979) 141 CLR 577; 27 ALR 263; (1979) 53 ALJR 719; (1979) 1 ANZ Insurance Cases 60-036	High Court of Australia	Australia - Commonwealth	28 Sep 1979	AustLII		145
R v Holmes; Ex parte Public Service Association (NSW)	[1977] HCA 70; (1977) 140 CLR 63; 18 ALR 159; 52 ALJR 243	High Court of Australia	Australia - Commonwealth	22 Dec 1977	AustLII		115
R v Watson; Ex parte Australian Workers' Union	[1972] HCA 72; (1972) 128 CLR 77; [1972-73] ALR 1063; 47 ALJR 48	High Court of Australia	Australia - Commonwealth	22 Dec 1972	AustLII		104
R v Graziers' Association of NSW; Ex parte Australian Workers' Union	[1956] HCA 31; (1956) 96 CLR 317; [1956] ALR 534	High Court of Australia	Australia - Commonwealth	15 Jun 1956	AustLII		69