Federal Court of Australia
CATCHWORDS Noe Chee
Industrial law - award - breach - reference in award to state legislation - whether reference includes state legislation as subsequently amended, repealed and re-enacted - whether state legislation enforceable as part of award ~ whether preface to award may be used as aid to construction ~- whether breaches of award with respect to two employees arose out of "a course of conduct" - whether penalty payable to employee not entitled to.
amount under award.
Industrial law - contract of employment - whether terminated by appointment of receiver and manager - whether terminated by
dismissal in breach of contract.
Conciliation and Arbitration Act 1904 s. 52, s. 119, s. 120, s. 122, s. 125, 5. 118C, 5s. 59
Crimes Act 1914 s. 13, s. 21B
Audit Act 1901
Industrial Training Act 1975 (Vic.) s. 56, s. 7, S. 2, S. 28, 5s.
33, 5. 35, 5. 38
Apprenticeship Act 1958 (Vic.) s. 7, s. 44, s. 45
Labour and Industry Act 1958 (Vic.)
Commonwealth of Australia Constitution s. 109
-2-
Federal Firefighters Union v. Minister of State for the Capital Territory (1982) 62 F.L.R. 341
Wright v. T.I.L. Services Pty. Ltd. £19561 S.R. (N.S.W.) 413
McManus v. General Blectric Co. of Australia Ltd. (1971) 18
F.L.R. 374
T.A. Robinson & Sons Pty. Ltd. v. Haylor (1957) 97 C.L.R. 177
Rowe v. Capital Territory Health Commission (1982) 62 F.L.R. 383
IAN SEYMOUR v. STAWELL TIMBER INDUSTRIES PROPRIETARY LIMITED
(RECEIVER AND MANAGER APPOINTED)
NORTHROP, KEELY AND GRAY JJ. MELBOURNE, STH JULY 1985.
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) V. No. 21 of 1983 ) )
INDUSTRIAL DIVISION
BETWEEN : IAN SEYMOUR Applicant and STAWELL TIMBER INDUSTRIES PTY. LTD.
(Receiver and Manager Appointed) Respondent CQURT: NORTHROP, KEELY AND GRAY JJ. DATE: STH JULY, 1985 PLACE: MELBOURNE
MINUTE OF ORDER
THE COURT ORDERS THAT:
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