Federal Court of Australia
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CATCHWORDS
Industrial Law -— Dismissal of Employee ~— member of ~ organisation — Breach of s. 5(1)(f) of Conciliation and Arbitration Act 1904-1985 alleged — onus of proof on
defendant — held that onus not discharged and defendant
convicted.
Cualth, .
Conciliation and Arbitration Act (Gem.) 1904-1985
s. 5(1)(f), s. 5(4)
GENERAL MOTORS HOLDEN PTY LTD v. BOWLING
(1976-77) 12 ALR 605
HEIDT v. CHRYSLER AUSTRALIA LTD
(1976-77) 13 ALR 365
MARCIA JOYCE FAWDRY
u
ROYAL AUSTRALIAN NURSING FEDERATION TASMANIAN BRANCH
No. T2 of 1986
Coram. Everett J, a es
11 July 1986 yr MD. O) és aN
Hobart Rete & \ 6 13 JUL 1986 =F 3}
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IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY
INDUSTRIAL DIVISION
BETWEEN:
AND:
11 July 1986
) ) )
No. T2 of 1986
MARCTA JOYCE FAWDRY
Prosecutor
ROYAL AUSTRALIAN NURSING FEDERATION
TASMANIAN BRANCH
Defendant
EVERETT J.
ae
anger eee ee
rary
ee tl ened
ee es ee ee rn
o~
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY
INDUSTRIAL DIVISTON
No. T2 of 1986
BETWEEN: MARCIA JOYCE FAWDRY Prosecutor AND: ROYAL AUSTRALIAN
NURSING FEDERATION TASMANIAN BRANCH
Defendant CORAM EVERETT J. DATE 11 July 1986 PLACE HOBART REASONS FOR JUDGMENT EVERETT J.
By an information dated 1 May 1986
Marcia Joyce Fawdry ('the prosecutor') began proceedings under s. 5 of the Conciliation and Arbitration Act 1904 ('the Act') against the Tasmanian Branch of the Royal Australian Nursing Federation ('the defendant') in which she claimed that, as a member of the defendant organisation, by which she Was at the relevant time employed as an industrial organiser, she had been dismissed from that position in breach of s.
5(1)(f) of the act. The relevant part of the information, as
filed but as amended during the hearing, was:
Je oe Lae
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