Federal Court of Australia
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Industrial law - information for offence - dismissal of
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employee member of registered organization - part of industry wide dismissal of all mambers to counter industrial campaign by union - whether dismissal "by ceason of the circumstance"
that employee was union member - discretionary power to order
reinstatement whether gond reason not ta ordec reinstatement - likelihood of industrial action if reinstated
- Likelihood of reinstatement leading to dismissal of
employees with longer service - =2ffect of obrasecuter's
vefusing offer of re-emploaymen Lal wu A oY c ba fl =) miT a ry #
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Conciliation and Arbitration Ack 1904 s5. 5(1), 5(4), 5(5)
2d JUL 085
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IN THe
VICTOPTAN DISTRICT REGISTRY
INDUSTRIAL DIVISION
COURT.
DATE:
PLACE:
FEDERAL CCURT OF AUSTRALIA
newer ww
No. V9 of 1986
BETWEEN
ROBERT HUGH MYLES
Prosecutor
AT D:
HOOKFR COCKRAM LIMITED Defendant
KEELY J. 24 JULY, 1936
MELBOURNE
MINUTES OF ORDER
THE COURT ORDERS THAT
1.
ti
fu ra
Hooker Cockram Limited is convicted of ismissing Robert Hugh Myles on 14 February 1986 by reason of the circumstance that he was a member of the Australian
Building Construction Employees and Builders Labourers
Federation.
Hooker Cockram Limited shall pay a penalty of $150.00.
Liberty is reserved to the prosecutor, Robert Hugh
Myles, to apply for an order that he be reimbursed
wages lost by him.
Settlement and Entry of Orders 15 dealt with in Order 36 of the Federal Court Rules)
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIAN DISTRICT REGISTRY
INDUSTRIAL DIVISION No. V9 of 1986
BETWEEN
ROBERT HUGH MYLES Prosecutor AND
HOOKER COCKRAM LIMITED
Defendant
24 JULY, 1986 KEELY J.
REASONS FOR JUDGMENT
Robert Hugh Myles (the prosecutor) on 24 February 1986 laid an information under 5s. 5 of the Conciliation and Arbitration Act 1904 (the Act) alleging that Hooker Cockram Limited (the defendant) on 14 February 1986 dismissed him from its employment by reason cf the circumstance that he was a member of the Australian Building Construction Employees and Builders Labourers Federation (the BLF). The defendant
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