The Clothing & Allied Trades Union of South Australia v. Taylor Clothing Manufacturing Company Pty Ltd [1985] FCA 269

Industrial law

access to employees -

CATCHWORDS

~ award breach - authorised person

whether authorised person was

to conduct legitimate union business

Conciliation & Arbitration Act 1904 ~ 5. 119

Clothing Trades Award 1982 ~- clause 29(b)

refused

seeking

THE CLOTHING AND ALLIED TRADES UNION OF SOUTH AUSTRALIA v

TAYLOR CLOTHING MANUFACTURING COMPANY PTY. LIMITED

CORAM DATE PLACE

KEELY J. 12 JUNE,

ADELAIDE

IN_THE FEDERAL COURT OF AUSTRALIA ) ) SOUTH AUSTRALIA DISTRICT REGISTRY ) S.A. No. 9 of 1985

) INDUSTRIAL DIVISTON )

BETWEEN:

THE CLOTHING AND ALLTED TRADES UNION OF SOUTH AUSTRALIA

(Applicant) AND: TAYLOR CLOTHING

MANUFACTURING COMPANY PTY LIMITED

(Respondent )

12 JUNE 1985 KEELY J.

REVISED ORAL JUDGMENT

This is an application under s.119 of the Conciliation and Arbitration Act 1904 (the Act) for the imposition of a penalty upon the respondent for an alleged breach of clause 29(b) of the Clothing Trades Award 1982 (the award). It alleged that on 24 April 1985 the respondent farled to comply with clause 29(b) :-

"in refusing permission to John Stanton a person duly authorised in writing to reasonable ingress into the factory and access to the employees during the midday meal to conduct legitimate union business."

The wording of the alleged breach is somewhat odd. It was

criticised by the respondent, but I accept Mr Hayes'

submissions, on behalf of the applicant, as to the proper

construction of clause 29(b).

On the evidence and the agreed facts I find that at all material times:

1. The respondent was a company incorporated in the State of South Australia.

2. The applicant, the Clothing and Allied Trades Union of Australia (the union), was an organisation of employees, registered under the Act, and was affected by the alleged breach.

3. The award was binding on the respondent which conducted a business of manufacturing fashion garments at a factory (the factory) at 436 Dunorlan Road, Edwardstown, South Australia. Members of the union were employed at the factory, their employment being governed by the terms of the award.