Clothing & Allied Trades Union of Australia v Pedita Pty Ltd [1986] FCA 547

NOT FOR GENERAL DISTRIBUTION

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KEELY J.

Ld WWVEMBER, Lodo MELBUUFNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No. V14 of 1986

ween

INDUSTRIAL DIVISION

BETWEEN:

THE CLOTHING _AND ALLIED TRADES __ UNION OF AUSTRALIA

AND

PEDITA AUSTRALIA PTY. LTD.

18 NOVEMBER, 1986 KEELY J. REASONS FOR JUDGMENT

The applicant applies under s. 119 of the Conciliation and Arbitration Act 1904 (the Act) for the imposition of a penalty upon the respondent for a breach or non-observance (the breach) of the Clothing Trades (Bradmill Industries Limited Group) Job Protection Award 1983 (the Job Protection Award). The applicant also seeks payment to Mrs. Joyce Legg of an (unspecified) amount of money which, it contends, she would have been paid but for the breach. The parties jointly asked that, if the court found that the breach had occurred, then both the question of the amount of any penalty to be imposed and the question of any order in respect of an underpayment of wages should be left for further consideration after the parties have had an opportunity of

considering the court's reasons for decision and putting

further submissions.

It was common ground that:

1. The applicant is and was at all material times an

organization of employees registered pursuant to the Act.