Federal Court of Australia
CATCHIIWORDS
Industrial law ~ Breach of Award - Stand down clause - whether threatened strike constitutes "a strike" - Significance of employee who 1s stood down
Joinery picket line on Employer's premises - Significance of Demarcation dispute 1n assessment of penalty.
Conciliation and Arbitration Act 1903 s.119(1) and (3)
DIMITRI NICESKT v. DOWELL AUSTRALIA LIMITED
V No. 14 of 1980
23 February 1981
Melbourne
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IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) V No. 14 of 1980 ) )
INDUSTRIAL DIVISION
IN THE MATTER OF the Conciliation and Arbitration Act 1903
Between: DIMITRI NICESKI Applicant And: DOWELL AUSTRALIA LIMITED Respondent Coram: Smithers J. Date of Order: 23 February 1981 Where Made: Melbourne ORDER
The Court orders that:-
1. The respondent pay a penalty of one dollar ($1.00)
which penalty is to be paid into consolidated revenue.
2. The respondent pay to the applicant wages in respect
of the period for which he was stood down being an
roe
2.
amount in respect of each of the nine days on which he was stood down which bears to the award entitlement for one week's work the same proportion as the normal number of hours of one day's work .bears to the total number of working hours in that week and that if there be any dispute with respect thereto the parties have
liberty to apply.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V No. 14 of 1980
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INDUSTRIAL DIVISION
IN THE MATTER OF the Conciliation and Arbitration Act 1903
Between: DIMITRI NICESKI
Applicant
And DOWELL AUSTRALIA
LIMITED
Responcent
Coram: Smithers J.
23 February 1981
REASONS FOR JUDGMENT
This is an application under s.119(1) of the
Conciliation and Arbitration Act 1903 (the Act) in which the
informant Dimitri Niceski seeks the imposition of a penalty upon the respondent, Dowell Australia Limited (Dowell) in respect of an alleged non-observance of a term of the
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