Federal Court of Australia
CATCHWORDS
Industrial Law - Insurance Officers (Clerical Indoor Staffs) Award 1978 as varied - breach of award - question as to which company in group of companies employer where one
only of such companies a respondent to award - Conciliation and Arbitration Act 1904 - ss.119(1), 119(3), 120.
The Australian Insurance Employees Union -v~ W.P. Insurance Services
Pty. Limited
(V. No.8 of 1981)
EVATT J. 2 March 1982 Sydney
we
was a stenographer employed by the respondent company, a
director of which was a Mr Rivers.
The applicant also seeks an order pursuant to s.119(3) that the respondent pay to Mrs Roberts all moneys which the Court finds were not paid to her pursuant to the said Award
during the said period.
The respondent denies that 1t employed Mrs Roberts at any relevant time and raised a further defence that, should the Court find against it in respect of the issue of employment, then, as Mrs Roberts had not been a member of the organization other than for the last two or three days of the period during which it was alleged that there had been an underpayment of salary, no order should be made for the payment to her of any underpayment found to have been made pursuant to the said Award other than for those two or three days together with moneys for pay in lieu of notice of termination
and holiday and severance pay calculated under the Award.
The respondent made the following admissions:
1. The respondent is and was at all relevant times a company incorporated pursuant to the laws of the State of Queensland.
2. The organization is and was at all material times a registered organization under the Act.
3. The organization 1s and was at all material times
a party to the Award.
--/3..
4. That between 3 October 1978 and 29 June 1980 Mrs Roberts was paid at rates less than the amount specified in cl.4 of the Award for adult employees in the sixth or seventh years of service. 5. Mrs Roberts had been a member of the organization
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate