Fair Work Commission (Full Bench)|2013-08-28|Before: Commissioner Cribb, Commissioner Lewin, Deputy President Hamberger, Vice President Lawler, President Lawler, President Hamberger, Senior DP Hamberger

View original source

At a glance

Source facts

Court

Fair Work Commission (Full Bench)

Decision date

2013-08-28

Before

Commissioner Cribb, Commissioner Lewin, Deputy President Hamberger, Vice President Lawler, President Lawler

Source

Original judgment source is linked above.

Judgment (3 paragraphs)

[1]

(#P106_11459) The constitutional validity of such federal award terms was based on a decision of the High Court in Re Ranger Uranium Mines Pty Ltd; Ex parte Federated Miscellaneous Workers' Union of Australia [1987] HCA 63; (1987) 163 CLR 656 that established that there could be a valid federal system "industrial dispute" over the reinstatement of a group of employees said to have been unfairly dismissed.

[2]

(#P270_50120) Of course, it may properly be open to an employee to deny the misconduct on the basis that someone other than the employee used the employee's computer or logon.

[3]

(#P334_64850) Mr D did not send any emails from an Australia Post computer or using an Australia Post logon and there was an issue taken that his sending emails from his home computer using his private internet connection, albeit to work friends at their Australia Post email address, constituted a breach of the Our Ethics policy relied on by Australia Post.

Printed by authority of the Commonwealth Government Printer

Legislation Cited (8)

Work Act 2009

Relations Act 1988

Relations Reform Act 1993

Relations and Other Legislation Amendment Act 1996

IR Act 1988

Relations Act 1996

Part VIA of IR Act 1988

WR Act 1996

Cases Cited (19)

(2006) 156 IR 393

(2001) 203 CLR 194

(1996) 187 CLR 416

(1995) 185 CLR 410

(1995) 62 IR 371

(1995) 120 ALR 274

(1999) 88 IR 282

(1996) 71 IR 201

(1998) 88 IR 408

(1998) 84 IR 1

(1998) 81 IR 410

(1998) 82 IR 102

(1992) 41 IR 452

(2003) 124 IR 217

(1992) 36 FCR 20

(1990) 27 FCR 427

(1984) 156 CLR 605

(1936) 55 CLR 499

(1987) 163 CLR 656