Federal Court of Australia
CATCHWORDS
Industrial law - information for offence - dismissal of
a
employee mamber of registered organization - IJlinked toa
industry wide dismissal of all members to counter industrial campaign by union - whether dismissal "by reason of the c1_rcumstance" that employee was union member - discretionary
power to order reinstatemant - whether good reason not to
order reinstatement.
Conciliation and Arbitration Act 1904 =5. 5il), S{4), 5(5)
BLF (Cancellation of Registration) Act 1386
BLE (Cancellation of Registration - Consequential Provisions)
Act 1
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Acts Interpretation Act 5s. LSAB
BLF (De-recognition) Act 19985 (Vic.)
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Bowling v GMH (1980) 33 ALR Bowling v GMH (1980) 42 FLR 309
Slonim v Fellows (1984) 154 CLR 505
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IN THE FEDERAL COURT OF AUSTPALIA }
VICTORIAN DISTRICT REGISTRY
INDUSTRIAL DIVISION } To. V7 oF 1985
COURT DATE:
PLACE:
Prosecutor ANNO:
LEIGHTON CONTRACTORS PTY. LTD.
Defendant
KEELY J. 24 JULY, 1926
MELBOURNE
MINUTES OF ORDER
THE COURT ORDERS THAT
1.
Leighton Contractors Pty. Ltd. is convacted orf dismissing David Kerrin on 18 February 1986 by reason
of the circumstance that he was a member of the Australian Building Construction Employees and
Builders Labourers Federation.
Leighton Contractors Pty. Ltd. shall pay a penalty of
$100.00,
%
a
3. The prosecutor, David Kerrin, be reinstated in his
position or in a Similar position within seven
from the making of this order.
(Settlement and Entry of Orders is dealt with in Order 36 the Federal Court Rules)
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IN THE FEDERAL COURT OF AUSTRALIA
VICTORIAN DISTRICT REGISTRY
INDUSTRIAL DIVISION No. V7 of 1986
BETWEEN: DAVID KERRIN
Prosecutor AND:
LETGHTON CONTRACTORS PTY. LTD.
Defendant
24 JULY, 1986 KEELY J.
REASONS FOR JUDGMENT
David Kerrin (the prosecutor) on 24 February 1986 laid
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