Federal Court of Australia
JEG cc ee ee
CATCHWORDS
Industrial Law - breach of award -— failure to pay for holiday - stoppage of work - part of the working day after a holiday ~ whether "absent from his ... employment ... on the working
day ... after .. a holiday".
Conciliation & Arbitration Act 1904 - s. 119
General Motors—Holden's Limited (Part 1) General Award 1982 -
clause 24
,WAYNE DOUGLAS BLAIR v_ GENERAL MOTORS-HOLDEN'S LIMITED
No. V 11 of 1983
CORAM : KEELY J. DATE : 9 September, 1983
PLACE + Melbourne
+
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IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V No. 11 of 1983
INDUSTRIAL DIVISION
BETWEEN :; WAYNE DOUGLAS BLAIR Applicant AND : GENERAL MOTORS-HOLDEN'S . LIMITED Respondent 9 September, 1983 KEELY J.
REASONS FOR JUDGMENT
This is an application under s. 119 of the Conciliation and Arbitration Act 1904 (the Act) for the imposition upon General Motors-Holden's Limited (the respondent) of a penalty for an alleged breach of a term of the General Motors-Holden's Limited (Part 1) General Award 1982 (the award) in failing to pay to certain employees the wages prescribed by clause 8 of the award in respect of the week ending 8 February, 1983. It was admitted that at all
material times :-
1. The applicant, Wayne Douglas Blair, was secretary of the Victorian Branch of the Vehicle Builders Employees'
Federation of Australia (the organization), was an
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3.
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officer of the organization and was authorised under the rules of the organization to sue on its behalf.
The organization was an organization of employees registered pursuant to the Act and was a party to and bound by the award.
The respondent was a duly incorporated company and a party to and bound by the award.
Messrs. Herbert Muench, John Buchanek and John Bailey Mattheson were employees of the respondent at its Fishermens Bend plant in Victoria. The weekly wage payable under the award to each of those employees was as follows :-
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