Clothing & Allied Trades Union of Australia v Pedita Australia Pty Ltd [1986] FCA 574

IN THE FEDERAL COURT OF AUSTRALIA

) ) VICTORIA DISTRICT REGISTRY ) No. V14 of 1986 ) INDUSTRIAL DIVISION )

BETWEEN:

THE CLOTHING AND

ALLIED TRADES UNION OF AUSTRALIA

TODECIC75 ' ' AND:

FEDERAL COURT OF

"AUSTRALIA ;

PAING'PAL ZL PEDITA AUSTRALIA PTY. ; - eee LTD. SLT

8 DECEMBER, 1986 KEELY J.

REASONS FOR JUDGMENT RE PENALTY

On 18 November 1986 the court decided, under s. 119 ot the Conciliation and Arbitration Act 1904 'the Act), that the respondent had breached the Clothing Trades 'Bradmill Industries Limited Group) Job Protection Award 1983 (the award) in relation to its termination, on 5S March 1985, of the employment of Mrs. Joyce Legg,who was a member ot the applicant at all material times. These reasons for judgment

should be read in the light of the reasons delivered on 18 November 1986.

At the hearing the parties had jointly requested that

the turther hearing ot the application be adjourned until a

date to be tixed atter the court had decided whether the

award had been breached by the respondent. That request was in order to enable them to consider the court's reasons for decision and 1f the court there found that there had been a breach of the award, to have discussions as to what was the amount to which Mrs. Legg was entitled under the award ('see s. 119(3) of the Act); turther, to address submissions to the

court on the question of penalty. The adjourned hearing took

place on 3 December 1986.

On that date the parties were in agreement that, on the basis of the court's finding that the award had been breached, the amount to which Mrs. Legg was entitled under the award was the sum of $2,666.85 and that the appropriate deduction by the respondent for taxation on that amount wag $133.42; they were also agreed that, deducting the latter figure from the former, it was appropriate that $2,533.43 be the amount to be ordered by the court under s. 11913) of the Act. The court 183 satistied that Mrs. Legg has not been paid an amount to which she 13 entitled under the award, namely $2,666.85 but the order is tor the respondent to pay to Mrs. Joyce Legg the sum ot $2,533.43; that is the amount agreed