Major Tribunal Decisions in 2000

Abstract

This article reviews the major decisions of the previous year. These decisions touch upon a broad scope of signficant employment and industrial law issues. First, the article offers an analysis of the High Court judgments arising from the constitutional challenge to the award simplification process. Secondly, the High Court’s ruling in respect of the transmission of business provisions of the Workplace Relations Act 1996 (Cwlth) is considered. This discussion analyses the potential implications of the High Court’s decision to the burgeoning outsourcing landscape. Thirdly, the freedom of ssociation provisions have also been an issue on the judicial agenda in the past twelve months and an analysis of some of the important decisions is proffered. Finally, adopting a broad perspective, the authors note that the trend for increasing judicial involvement in the resolution of major workplace issues and disputes continues with no sign of abatement.

Major Tribunal Decisions in 2004

“…Previous contributions to this journal have considered the operation of the transmission of business provisions of the Act. 30 It was noted that the High Court's decision in PP Consultants Pty Ltd v Finance Sector Union of Australia ('PP Consultants') 31 clarified the appropriate approach to the interpretation of the transmission of business provisions. In that decision, the High Court held that the question whether one person 'has taken over or succeeded to the business or part of a business of the business of another is a mixed question of fact and law' 32 and, further, as the word 'business' is 'chameleon-like', 33 it was not possible to formulate a general test to determine whether one employer is a successor to the business or part of the business of another.…”