Federal Court of Australia
CATCHWORDS
Industrial law - non-observance of award - failure to pay award wages - failure to pay one week's salary in lieu of notice of termination - breaches treated as a single breach
arising out of a course of conduct - classification of
employee
Federal Meat Industry (Interim) Award 1962 as varied
Conciliation and Arbitration Act 1904
¢ REGINALD SCHOFIELD v. GIOVANNI DE ROMANIS AND WANDA DE ROMANIS
trading as PETERSHAM MEAT MARKET
(N.S.W. No. 23 of 1980)
Coram: J.B. SWEENEY J.
Place: Sydney
Date : 15 April 1981
IN_THE FEDERAL COURT OF AUSTRALIA ) )
INDUSTRIAL DIVISION ) No. 23 of 1980 ) )
NEW SOUTH WALES DISTRICT REGISTRY
IN THE MATTER of the Conciliation and Arbitration Act, 1904
AND IN THE MATTER of an application under s.119 of the said Act
BETWEEN: REGINALD SCHOFIELD Applicant AND: GIOVANNI DE ROMANIS and WANDA DE ROMANIS trading as PETERSHAM MEAT MARKET
Respondents
JUDGE MAKING ORDER: J.B. SWEENEY J.
DATE OF ORDER: 15 April 1981 WHERE MADE: Sydney
ORDERS OF THE COURT:
1. The Court finds that the respondents committed breaches
of the Federal Meat Industry (Interim) Award 1962, as varied, in that they failed to pay to Pietro Gulla the wages prescribed by that award.
2. The Court finds that the respondents committed a breach
of the Federal Meat Industry (Interim) Award 1962, as varied, in that they failed to pay to the said Pietro Gulla one week's salary in lieu of notice of termination.
3. The breaches referred to in Paragraph (1) hereof appear
to the Court to have arisen out of a course of conduct by
the respondents. Those breaches shall be treated as constituting
a single breach,
4. A penalty of $400 (Four hundred dollars) is imposed
upon the respondents in respect of non-observance of the Federal Meat Industry (Interim) Award, 1962, as varied, being a failure to pay an employee award wages.
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