Federal Court of Australia
CATCHWORDS
Industrial law ~ breach of award - failure to pay amount due
for annual leave - appeal against dismissal by magistrate of summons ~ s.119 — questions of fact and law before magistrate decided on balance of probabilities ~ failure of magistrate
to state reasons or primary facts found — construction of contract - whether contract of service or for services - whether reservation of right of control of manner of performance of work — countervailing factors - piece worker or independent contractor - appeal upheld and penalty imposed
- Timber Industry Consolidated Award
- Conciliation and Arbitration Act, 1904, s.119
V No. 32 of 1978
THE AUSTRALIAN TIMBER WORKERS UNION v. MONARO SAWMILLS PTY. LTD.
Coram: J.B. Sweeney, Evatt and Keely JU. Melbourne
29 April, 1980
IN _ THE FEDERAL COURT OF AUSTRALIA INDUSTRIAL DIVISION
VICTORIAN DISTRICT REGISTRY
No. V 32 of 1978
Net ee ere te
IN THE MATTER of the Conciliation and Arbitration Act, 1904
AND IN THE MATTER of an application under Section 119 of the said Act
BETWEEN: THE AUSTRALIAN TIMBER WORKERS UNION
Appellant AND: MONARO SAWMILLS PTY. LTD.
Respondent
JUDGES MAKING ORDER: J.B. Sweeney, Evatt and Keely Ju.
DATE OF ORDER: 29 April, 1980
WHERE MADE: Melbourne
THE COURT ORDERS:
1.
that the appeal be upheld and the order dismissing the summons set aside.
That the respondent pay a penalty of $100.
That the penalty be paid to the Australian Timber
Workers Union.
rr
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIAN DISTRICT REG1S'RY ) No. V 32 of 1978 ) )
INDUSTRIAL DIVISION
IN THE MATTER of the Conciliation and Arbitration Act, 1904
AND IN THE MATTER of an application under Section 119
of the said Act
BETWEEN: THE AUSTRALIAN TIMBER WORKERS UNION
Appellant AND: MONARO SAWMILLS PTY. LTD. Respondent REASONS FOR JUDGMENT J.B. SWEENEY AND EVATT JJ. 29 April, 1980 H
This is an appeal against the dismissal by Mr. J.N. Dugan, S.M. of a summons seeking the imposition of a penalty pursuant to s.119 of the Commonwealth Conciliation and Arbitration Act, 1904
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