Wilson, Colin Edward v Westpac Banking Corp [1984] FCA 146

CRG

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22 MAY> 17934 .

PLACE ¢ MELBOURNE

MR MARSHALL: Yes, your Honour.

HIS HONOUR: Thank you, Mr Marshall. As I imdicated before,

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I have read the transcript carefully over the weekend. I do not see any point in reserving = decision.

This is an application under section 119 of the Conciliation and Arbitration Act, 1904, (the Act) for the imposition upon Westpac Banking Corporation (the respondent) of a penalty of the alleged breach of a term of the Bank Messengers (Fe@eral) Award 1966, in that it did, "disrate Earl RB. Ellis as a result of a charge or complaint made egainst the said Earl R. Ellis without informing him of the nature of such charge or complaint and without gaving him a reasonable opportunity to make an explanation. . .....-.-. .".

Mr Marshall, counsel, eppeared for the'applicant. Mr Dowling of Queen's counsel appeared with Mr Turner for the respondent.

Tt was admitted by the respondent that at all material times: 1. The applicant, Mr Colin Edward Watson was secretary of the Victoriar branch of the Australian Bank Employees' Union (the organisation), an officer of the organisation and authorised under 1ts rules to sue on its behalf. 2. the organisation was an organisation of employees reqistered under the Act and a party to endbound by the eawerd. 3. The respondent was a duly i1ncorporated cempany and bound by thé award. The evidence established that at all material times Mr Ellis was a member o= the organisation and that he had been employed by the respondent for about four years as head messenger after being a messenger for many years.