Jarrad, Clifford v. Silver Top Taxi Service [1979] FCA 123

a Sa TO SS BO Se ST EVE Se Oe Svar er ONO O ~——

eat a al wh ee

— FROM TRANSCRIPT OF ORAL JUDGMENT

lQ3 IN THE FEDERAL COURT OF AUSTRALIA ) ) INDUSTRIAL DIVISION ) V. No. 32 of 1979 ) )

VICTORIA DISTRICT REGISTRY

BETWEEN:

~

CLIFFORD JARRAD Claimant - and -

SILVER TOP TAXI SERVICE Respondent

REASONS FOR JUDGMENT 14 November 1979 KEELY J.

This is a claim for a penalty under s.119 of the Conciliation and Arbitration Act 1904. The substance of the claim is that the respondent on various days committed a breach of the Vehicle Industry - Repair, Services and Retail - Award 1976, which I shall call the award, in that they failed to pay to Mr P. Metcalfe, Mr G. Porter and Mr R. Simpson the amount of wages prescribed by clause 8 of the award, without deduction.

Mr Richard Spicer of counsel, on behalf of the respondent, admitted that at all material times:

(1) the respondent was incorporated; (2) the Vehicle Builders Employees Federation of

Australia - which I shall call the Federation -

was an organisation of employees registered under

the Act;

(3) the Federation was bound by the provisions of the award; (4). the claimant was an officer of the Federation and was

authorised under the rules of the Federation to sue on behalf of the Federation;

(5) on certain specified days the respondent in paying each of the three employees I have mentioned, deducted from the amounts due under the award certain specified amounts;

(6) the respondent was bound by the provisions of the award;

(7) the work performed by each of the three employees

"was work to which the award applies.

A certified copy of the award was tendered in evidence and by clause 4(a)(ii) it is binding upon the respondent "in respect of the employment by them of employees who are members of the said organization of employees s-+ out in Schedule 'A' hereto, or not employed on work to which this award applies".