A.M.I.E.U. v. Victoria Valley Beef Pty Ltd [1987] FCA 3

4 CATCHWORDS

INDUSTRIAL LAW - Breach of Award - Provision for inspection of time and wages record - Authorisation in writing by General Secretary to Union official - Reasonable notice of demand - Whether demand may be a general demand for all employees ora specific demand of a particular employee - Suspicion of breach necessary as condition precedent to granting of such authorisation - Whether strict compliance required - Whether multiple breaches have arisen out of a course of conduct -

Whether breaches shall be treated as a single breach.

Conciliation and Arbitration Act 1904 ss. 42A, 119, 119(1A) Northern Territory Meat Processing Award 1984 Clause 23(c)

The Australasian Meat Industry Employees Union v Meneling Station Pty Limited, Federal Court of Australia. Evatt J 14 January 1987 Federated Carters and Drivers' Industrial Union of Australia v McKay (1922) 30 CLR 139

The King v Bates (1911) 1 KB 964

Gilmore v Midway Sprinqway Pty Limited (1980) 33 ALR 605

Quinn v Martin (1977) 31 FLR 25

THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION v VICTORIA VALLEY BEEF Pry LIMITED

T10/1986 _ eles ~~ Pps.

Evatt J A ERB

Sydney im

' x 14 January 1987 R=CEVED ' 7)

14 JAN 1987

FEDERAL COURT OF AUSTRALIA

PRINCIPAL REGISTRY

ee et -

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY INDUSTRIAL DIVISTON )

~

No. 10 of 1986

BETWEEN: THE AUSTRALASTIAN MEAT INDUSTRY EMPLOYEES UNION

Applicant AND: VICTORIA VALLEY BEEF PTY LIMITED Respondent

CORAM: Evatt J

DATE : 14 January 1987

PLACE: Sydney

MINUTES OF ORDER THE COURT ORDERS THAT:

1. Pursuant to s.119 of the Conciliation and Arbitration Act 1904 a pecuniary penalty be imposed on the respondent of $750 for breaches of Clause 23(c) of the Northern Territory Meat Processing Award 1984 on 15 November 1985 and on 19 May 1986, which said breaches are to be treated as constituting a