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26 dune 4979
IN THE FEDERAL GOURT OF AUSTRALIA) INDUSTRIAL DIVISION V No. 9 of 1979
VICTORIA DISTRICT REGISTRY
BETWEEN: CLIFFORD JARRAD
Claimant
AND: NISSAN MOTOR MANUFACTURING CO. (AUSTRALIA)LTD.
Respondent
ORDER
JUDGE MAKING ORDER: Smithers A.C.dJ. DATE OF ORDER: 26 June 1979 WHERE MADE: Melbourne
a
THE COURT ORDERS THAT:
41. The summons herein be dismissed.
'IN THE FEDFRAL COURT OF AUSTRALIA
INDUSTRIAL DIVISION VICTORIA DISTRICT REGISTRY
V. No. 9 of 1979
IN THE MATTER of the Conciliation «nd Arbitration Act 1904
BETWEEN: CLIFFORD JARRAD
Claimant
AND: NISSAN MOTOR MANUFACTURING
CO. (AUSTRALTA) LTD.
Respondent
Smithers A.C.J. 26 June 1979
REASONS FOR JUDGMENT
Before the Court 1s a summons to answer a claim for penalty issued under s.119 of the Conciliation and Arbitration Act 1904. The claim 1s based upon the allegation thet
the respondent committed a breach of The Nissan Australia
Vehicle Industry Award 1976 (the Award) by failing to
pay to certain of its named employees being members of the
Vehicle Builders Employees! Federation of Australia the
rates prescribed by clause 20 of the Awerd for work perforred by sum
employees on 23 and 24 March 1978 and 24 and 25 April 1978,
In an affidavit accompanying the summons the secretary of the Victor1an branch of the organization alleges that the relevant employees commenced work on a shift extending from
6 p.m. on 23 March 1978 and ending at 2.10 a.m. on 24 March and also commenced work on a shift commencing at 6.00 p.m. on 24 April 1978 and ending at 2.10 a.m. on 25 April 1978. He
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