Federal Court of Australia
-
Industrial Law - Leave to Intervene - duplication of
represontation - legitimate intcrest.
Conciliation and Arbitration Act 1604 (Cth) s. 106(2); s. 145;
s. 119
Owens _v Australian Building Constiuction Employees and Builders
Labourers Federation 1978 46 F.L.R. 16
Australian Collieries Staff Association v Thicss Dampicr Mitsui
Coal Pty. Limited (Unreported 22 March 1983)
Hasset_ v Harding (1976) 27 F.L.R. 457
GRAY J.
ADELAIDE
23 JULY 1984
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIAN DISTRICT REGISTRY No. 5.A.5 of 1984 INDUSTRIAL DIVISION
BETWEEN:
FEDERATED ENGINE DRIVERS' AND FIREMAN'S ASSOCIATION OF AUSTRALASIA
Applicant
GENERAL MOTORS-HOLDEN'S LIMITED
Respondent
JUDGE: GRAY J.
DATE: 23RD JULY 1984
EX TEMPORE REASONS FOR JUDGMENT
HIS HONOUR: The Application in this matter, dated 19 June 1984, claims a penalty for a breach or non-observance of the General
Motors-Holden's Limited (Part 1) General Award 1982 ("the Award"). The particular provision of which breach is claimed is
clause 7(h), which reads as follows:
The company may deduct from moneys due to an employee such amount as is authorized in writing by the employee for a lawful purpose specified in the authority.
In the Application, it is alleged that deductions have occurred from moneys due to one William Edward Thornton, without
the authority in writing of Mr. Thornton. Points of claim were
filed on 9 July 1984, In substance, they allege as follows: Thornton is alleged to have been a member of the applicant ("the F.E.D.F.A."), and to have been employed as a forklift driver at the Respondent's manufacturing premises at Elizabeth in South Australia. It is said that Mr. Thornton formerly authorized in writing the Respondent ("G.M.H.") to deduct from his wages amounts in respect of contributions due to the Vehicle Builders
Employees Federation of Australia, ("the V.B.E.F.").
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