Federal Court of Australia
CATCHWOPDS
Industrial law - aunformation far offenc - dasmissal of
T
employee member of registered organization - part of industry wide dismissal of all members to counter industrial campaign by union - whether dismissal "by reason of the circumstance" that employee was union member - discretionary power to order reinstatement - whether qood reason not to order reinstatement - Likelthood of industrial action if reinstated - likelihood of peinstatement leading to dismissal of
amployees with longer service - effect of prosecutor'
ul
refusing offer of yve-employment - reimbursement of wages
last.
Conciliation and Arbitration Act 1204 ss. S(1), 3(4), 515)
Trade Practices Act 19574 5. 45E
Bowling v GMH (1980) 33 ALR 297
Roberts v Murlar Pty. Ltd. unreported Evatt J. 5/5/86
28 JUL 1986 |
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IN THE FEDERAL COURT OF AUSTRALIA VICTORIAN DISTRICT REGISTRY
INDUSTRIAL DIVISION
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Pr) ct
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BETWEEN
STEVEN BRADFOFD
Prosecutar
PRENTICE BULLDERS PITY. L
Defendant
KEELY J. 24 JULY, 1986
MELBOURNE
MINUTES OF ORDER
THE COURT ORDERS THAT
Prentice Builders Pty. Ltd. 185 convicted of dismissing Steven Bradford on 14 February 1386 by reason of the circumstance that he was a member of the Australian Building Construction Employees and Builders Labourers
Faderation.
Prentice Builders Pty. Ltd. shall pay a penalty of
$150.00.
td
3. The defendant, Frentice
Lo Steven Bradford ths sum
(Sattlement and Entry of Orders the Federal Court Rules}
L3
dealt with
in Order 36
of
eae ee ne Se nee
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIAN DISTRICT REGISTRY No. VB of 1986
INDUSTRIAL DIVISION
BETWEEN STEVEN BRADFORD Prosecutor AND:
PRENTICE BUILDERS
PTY. LTD.
Defendant
24 JULY, 1936. KEELY J.
REASONS FOR JUDGMENT
Steven Bradford (the prosecutor) on 24 February 1986 laid an information under s. 5 of the Conciliation and Arbitration Act 1904 (the Act) against Prentice Builders Pty. Ltd. {the defendant) alleging that on 14 February 1986 it dismissed him by reason of 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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