Federal Court of Australia
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Industrial law - non-obscrvance of award ~ failure to give 3 months notice ot annual close dow, - whether notice must spocify commencemens ci close down - penalty - discretionary power +o order employer to pay "the amount of the underpaymant" — metters relevant to discretion - wncther power to order payment: of a smaller amount - General Mctors-Holden's Limited (Pert f)
General Award 1978 - Conciliation and Arbitration Act 1964 s.11]9
LEONARD CECIL TOWNSEND v. GENERAI MOTORS-HOLEIN'S LIMITED
{V. No. 23 of 1980)
Coram: KLELY J.
Place: Melbourne
Date: 19 March 198]
IN THE FEDERAL COURT
OF AUSTRALIA
V. No. 23 of 1980 INDUSTRIAL DIVISION
were we ewe ww
VICTORIA DISTPICT REGISTRY
IN THD MATTER of the Conciliation
and ArDitration Act 1904
BETWEEN: LEONARD CECIL TOWNSEND
Applicant
AND: GENERAL MOTORS-HOLDEN'S LIMITED
Respondent JUDGE MAKING ORDER: KEELY J. DATE OF ORDER: 19 March 1981 WHERE MADE: Melbourne ORDER OF THE COURT: 1. A penalty of five hundred dollars ($500.00) :s imposed
upon the respondent in respect of a non-observance of the Genera] Motors-Holden's Limited (Part I) General Award 1978.
2. The penalty shall be paid to the Vehicle Builders Employees Federation of Australia.
3. The respondent shall pay to John Buckanek the sum of $176.75.
arm ree -
IN THE FEDERAL COURT
OF AUS'TRALIA
INDUSTRIAL DIVISION
) ) V. Ne. 23 of 1980 ) ) )
VICTORIA DISTRICT REGISTRY
IN THE MATTOER of the Conciliation - and Arbitration Act 1904
BETWEEN: LEONARD CLCIL TOWNSEND
Applicant
AND: GENERAL MOTORS-HOLDEN'S LIMITED
Respondent
REASONS FOR JUDGMENT
19 March 1981 KEELY J.
Tnis is an application under s.119 of the Conciliation and Arbitration Act 1904 (the Act) for the imposition of a penalty upon the respondent for alleged breaches' and non-observances of a term of the General Motors~Holden's Limited (Part I) General Award 1978 (the award). The first alleged breach, as amended without objection at the hearing, was that the respondent required an employee, one Herbert Muench, "to take annual leave without giving him not less than three (3)
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