Federal Court of Australia
CATCHWORDS Industrial law - breach of award - stand down of employees - whether useful work available - whether "strike" - whether "cause
for which the employer cannot reasonably be held responsible".
Estoppel - exercise of one of two inconsistent rights - whether inconsistency between rights - whether detriment - whether estoppel available against assertion of right under award -
whether officer of organization estopped.
Conciliation and Arbitration Act 1904 s. 119
Re Carpenters and Joiners Award (1971) 17 F.L.R. 330
Jarrad v. Melbourne and Metropolitan Tramways Board (1978) 21
A.L.R. 201
Niceski v. Dowell Australia Ltd. (1981) 52 F.L.R. 371
McKernan v. Fraser (1931) 46 C.L.R. 343
Thompson v. Palmer (1933) 49 C.L.R. 507
Legione v. Hateley (1983) 46 A.L.R. 1
Walsh ev. Commercial Travellers' Association of Victoria
C1940] V.L.R. 259
Dukes v. Davidson £1930] A.R.(N.S.W.) 411
JACK GORDON KIDD v. SAVAGE RIVER MINES
GRAY J.
21ST DECEMBER 1984 MELBOURNE.
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY N.S.W. No. 3 of 1984
, INDUSTRIAL DIVISION
BETWEEN : JACK GORDON KIDD AND SAVAGE RIVER MINES JUDGE: GRAY J. DATE: 21ST DECEMBER 1984
REASONS FOR JUDGMENT
This is an application pursuant to s. 119 of the Conciliation and Arbitration Act 1904 ("the Act"), seeking the imposition of a penalty upon the Respondent for alleged breach of an award, and an order that the Respondent pay the amount of .an underpayment, being wages lost by reason of a wrongful "stand down". The Applicant is the National Secretary of the Amalgamated Metals Foundry and Shipwrights' Union ("the Union"),
an organization of employees registered under the Act. He is
authorized under the rules of the Union to sue on behalf of the
Union.
The provision of which breach is alleged is cl. 13 of the Iron Ore Mining and Processing (Savage River Mines) Award 1974 ("the Award"). At the time of the events described below, that clause had been the subject of a variation. It is
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