Leontiades, Lee v F.T. Manfield Pty Ltd [1980] FCA 65

CATCHWORDS

Industrial law - dismissal of employee allegedly by reason of the circumstance that he was entitled to the benefit of an award - award binding upon employer with respect to employees whether members of the organisation or not - whether duty owed to non-member - informant a non-member - whether "employee ... entitled to the benefit of" an award -

Conciliation and Arbitration Act 1904 s.5{1)(b). ,

Lee Leontiades v. F. T. Manfield Pty Limited (S.A. No. 13 of 1980)

Coram: Keely J. Date: 8 May 1980

Place: Adelaide

* FROM ORAL JUDGMENT

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S.A. No. 13 of 1980

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INDUSTRIAL DIVISION

IN THE MATTER of the Conciliation and Arbitration Act 1904

BETWEEN: LEE LEONTIADES Informant and F. T. MANFIELD PTY LIMITED Defendant f REASONS FOR JUDGMENT 8 May 1980 KEELY J.

Lee Leontiades (the informant) on 28 February 1980 laid an information against Frank T. Manfield Pty Ltd alleging that on 26 September 1979 at Magill it dismissed "the informant from its employ by reason of the circumstance that the said informant was entitled to the benefit of an industrial award, namely the Building Trades Construction Award 1975 contrary to the provisions of s.5 of the Conciliation and Arbitration Act 1904' (the Act). Mr Tilmouth appeared for the informant and Mr R. D. Lawson for the defendant which pleaded not guilty.

It was established either by evidence or by admission

that at all material times:

1. The defendant was incorporated.

2. The informant was employed by the defendant as a carpenter.

3. The defendant was bound by the National Building

Trades Construction Award 1975 (the award) in

respect of its employees whether members of an

organisation of employees bound by the award or

not.

4. The informant was not a member of any organisation

of employees registered under the Act and was not