Musgrove, Clive James v Murrayland Fruit Juices Pty Ltd [1980] FCA 114

TIN TH" FEDERAL COURT OF AUS

VICTORIA DISTFICT REAGTSTRY

INDUSTRIAL DIVISION

Coram: Smithers dU.

5 dune 1980

TRAT TZ

te Ne ee

In the matter -f the Cuonacitcation

and Arbitration Act 1304

MM

GS SUE GIVE

infoz want

AN D: MUKPAYLAND FAGI'! JUICHS

PTY, GitiTen

Doferde nt.

Commonwealth Reporting Service, 486 Bourke Street MELBOURNE. 3000

24 July 1980

ADDENDUM

Transcript of proceedings before Mr Justice Smithers at Melbourne on Thursday, 5 June 1980,

at 10.15 a.m. re The Conciliation and Arbitration Act 1904 between Clive James Musgrove (Informart)

and Murrayland Fruit Juices Pty Limited (Defendant), No. V. 6 of 1980.

Please add enclosed transcript to transcript already supplied.

(Miss) M.E. ROBINS Principal Reporter

HIS HONOUR: In this case the defendant, Murrayland

be /

JM/RH/24 Musla

Pruit Juices Pty Limited is charged under section

5 of the Conciliation and Arbitration Act 1904 that it did dismiss the informant, Clive James Musgrove, by reason of the circumstance that (a) he was a member of an organisation, namely the Food Preservers Union of Australia, an organisation of employees registered under the Conciliation and Arbitration Act 1904, and the Victorian Branch thereof, or (b) he was entitled to the benefits of an award, namely the Food Preservers Award 1973, expressed to be binding upon, amongst other persons, Murrayland Fruit Juices Pty Ltd and the Food Preservers Union of Australia and the members thereof or all of them.

The dismissal took place on 27 November 1978 at the premises of the defendant at Mildura. The defendant had employed the informant, Mr Musgrove, for slightly less than two years at that stage, mainly in the capacity of a forklift driver but Mr Musgrove had various other duties to perform and from time to time he assisted in other aspects of the work being carried on in the factory.