Federal Court of Australia
Industrial Law - breach of award - claim by applicant that
employes or respondent Shire entitled under Local Government Officers (Western Australia) Award 1975 to payment as a Foreman (A Grade) when paid as Foreman (B Grade) - examination of definition of both positions in Award - consideration of distinction between direct supervision by a foreman and incidental supervision by a manager - principles relevant to f1x1inq a
penaity under Conciliation and Arbitration Act
Words and Fhrases - "Foreman"
Concitiation and Arbitration Act 1904 s.119(1A) Local Government Ufficers'' (Western Australia) Award 1975 sub-cls.5(12)-(16), para. 6(/)(T)
MUNICIPAL OFFICERS ASSOCIATION OF AUSTRALIA v. THE SHIRE OF
No. WE 25 or 12385 TOOHEY J. PERCH
iy JUNE 1925
uy Pet lie lal Hed vio AUSTRALIA , WESTERN saUSTPALILA ! No. WA £5 ot s1y84 DISTRICT REGISTRY ! INDUSTRIAL DIVISION }
BETWEEN:
MUNICIPAL OFFICERS ASSOCIATION OF AUSTRALIA
Applicant
and THE SHIRE OF WANNEROO
Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER
Toohey J.
DATE OF ORDER 19 June 1985
WHERE, MADE Perth
THE COURT ORDERS THAT:
i. No penalty be imposed on the respondent. 2. The respondent pay to Victor Griffith Roberts the amount
or $1,477.48.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules
lf THE FEDEFsGL couet vP AUSTRALIA
WESTEPE AUSTRALIA DISTRICT RESISTR.« INDUSTFEIAL OCIVISION
BETWEEN:
MUNICIFAL OFFICERS ASSOCIATION oF AUSTRALIA
Applicant
and
THE SHIRE OF WANNEROG
Respondent
CORAM: TOOHEY J.
19 JUNE 1985
REASONS FOR JUDGMENT
In this application the Municipal Officers Association
ot Australia, an organisation within the meaning of the
Conciliation and Arbitration Act 1904, seeks the imposition of a penalty on the respondent, the Shire of Wanneroo, for breach of
the Local Government Officers' (Western Australia) Award 1975.
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