Poulos, Peter Anthony v Waltons Stores Interstate Ltd [1984] FCA 10

CATCHWORDS

Industrial Law - Employee employed in the Australian

Capital Territory - Whether within classification in an award - Employee not shown to be member of registered organization party to the award - Whether entitled to

the benefit of that award

Conciliation and Arbitration Act 1904, section 123

Seat of Covernment (Administration) Act 1910, section 5

Metal Trades Employers Association v. Amalgamated Engineering Unton (1935) 54 C.E-R. 387

T.A. Robinson & Sons Pty. Ltd. v. Haylor (1957) 97 C.L.R. 177

The King v. Kelly; Ex parte the State of Victoria (1950) 81 C.L.R. 64

Leontiades v. I'.~t. MansField Pty. Limited (1980) 43 F.L.R. 193

PETER ANTHONY POULOS v. WALTONS STORES INTERSTATE LIMITED No. ACT I oF 1983

Neaves J. 10 February 1984 Canberra

IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY

No. ACT 1 of 1983 DISTRICT REGISTRY

INDUSTRIAL DIVISION

BETWEEN: PETER ANTHONY POULOS Applicant

AND: WALTONS STORES INTERSTATE LIMITED) SOOCOS—~S~S

Respondent

ORDER

JUDCE MAKING ORDER: Neaves J.

DATE OF ORDER: 10 February 1984

WHERE MADE: Canberra

THE COURT ORDERS THAT: The application be dismissed

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

No. ACT 1 of 1983 DISTRICT REGISTRY

INDUSTRIAL DIVISION

BETWEEN: PETER ANTHONY POULOS Applicant AND: WALTONS STORES INTERSTATE LIM{TED Respondent CORAM: Neaves J. DATE: 10 February 1984

REASONS FOR JUDGMENT

This is an application by Peter Anthony Poulos ('the applicant") against his employer, Waltons Stores

Interstate Jimited ("the respondent"). The application .

is made under section 123 of the Conciliation and Arbitration

Act 1904 ("the Act'') which provides -

"An employee entitled to the benefit of an award may, at any time within six years from any payment becoming due to him under the award, but not later, sue for the amount of the payment in the Court, or in any other court of competent