Association of Drafting Supervisory & Technical Employees v Wilmot Breeden (Australia) Pty Ltd [1981] FCA 254

|

> | EX TEMPORE JUDGMENT

| IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V No. 17 of 1981

INDUSTRIAL DIVISION

IN TIE MATTER OF the Conciliation & Arbitration Act 1904

Between: THE ASSOCIATION OF DRAUGHTING

SUPERVISORY AND TECHNICAL , EMPLOYEES

(Applicant)

And: WILMOT BREEDEN (AUSTRALIA) PTY. LTD. (Respondent)

Coram: Smithers J.

30 November 1981

Melbourne

REASONS FOR JUDGMENT

HIS HONOUR: I think I can give judgment now, subject of course to correction of any verbal errors or errors of substance. The application in this case is brought by the Association of Draughting Supervisory and Technical Employees against Wilmot Breeden (Australia) Pty. Ltd. The claim is for penalties under

s.119 of the Conciliation & Arbitration Act 1904

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anne mss

a ee oe ae ee

WEEN Dae ee he SAV Ta EARN ne acm nn nnn etna

Se ene i

with ancillary relief in the matter of employees' wages. The application is based upon a situation in which two employees, Mr. Price and Mr. Hopgood, were not paid wages in respect of four days, namely, 24, 25, 26 and 27 June 1980 while they were employees, not having been dismissed, and to whom under the award the wages were payable subject, of course, to the provisions of clause 9(b) of part II of the relevant award

which is the Metal Industry Award 1971. Under that clause it

is provided that:-

"Notwithstanding any provision elsewhere contained herein, an employer may deduct payment for any day an employee cannot usefully be employed because of any strike, breakdown of machinery or any stoppage of work by any such cause for which the employer cannot reasonably be held responsible. Provided that such standing down shall not be deemed a break in the continuity of employment for the purpose of any rights under this part."