Philopoulos, George v Farabram Nominees Pty Ltd [1980] FCA 66

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FROM ORAL JUDGMENT

IN THE FEDERAL COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) V. Nos 3 & 4 of 1980 ) INDUSTRIAL DIVISION ) BETWEEN: GEORGE PHILOPOULOS Applicant and FARABRAM NOMINEES PTY LIMITED Respondent - REASONS FOR JUDGMENT ¢ 2 May 1980 KEELY J.

These are two applications under s.119 of the Conciliation and Arbitration Act 1904 (the Act) for the imposition of penalties upon the respondent for alleged breaches of clause 31 of the Clothing Trades Award 1964 (the award). By consent the two matters were heard together.

At the commencement of the hearing, Mr Nathan of counsel on behalf of the applicant supplied particulars of the alleged breaches in answer to a request by Mr Merkel of counsel, who appeared for the respondent.

In matter V. No. 3 of 1980 the alleged breach was of clause 31(b) of the award, it being alleged "that on 5 April 1979 ,.. an authorised person, being the applicant, was denied entry to the respondent's factory premises during the midday

meal break to conduct legitimate union business", The Court

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rejected an attempt by Mr Nathan to supply particulars of an alleged additional breach of a separate provision of the award (clause 3l(a)) which allegation did not fall within the affidavit supporting the application and filed with it. This additional matter was referred to in a later affidavit by the applicant which was sworn and filed shortly before the hearing - and more than six weeks after the hearing of the summons for directions. No application was made for leave to amend the application in such a way as to include the alleged additional breach.

In matter V. No. 4 of 1980 it was alleged that, in breach of clause 3l(a) of the award, on or about "the 9th day of April 1979 at Richmond the respondent denied an authorised person access to the wages books, or time sheets, or records covering its employees and refused to make such wages books, time sheets or records available for inspection on demand".