Federal Court of Australia
"7 JUDGMENT No. 522/211.
INDUSTRIAL LAW - breach of award - administrative restructing in local authority - two positions made redundant - employees terminated - employees consulted - negotiated termination packages - employees requested non-involvement of union - failure to
consult union - penalty range.
Local Government Officers (Western Australia) Award 1975
Conciliation and Arbitration Act 1904
THE MUNICIPAL OFFICERS ASSOCIATION OF AUSTRALIA V CITY OF
BAYSWATER WA 3 OF 1987
THE MUNICIPAL OFFICERS ASSOCIATION OF AUSTRALIA v CITY OF
BAYSWATER WA_5 of 1987
FRENCH J.
PERTH
= 4NOV 1987
30 SEPTEMBER 1987
FEDERAL Cour AUSTRALIA. OF
PRINCIPA| REG: 1STRY
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY INDUSTRIAL DIVISION
www
WA 3 of 1987
BETWEEN: THE MUNICIPAL OFFICERS ASSOCIATION OF AUSTRALIA
Applicant and CITY OF BAYSWATER Respondent WA_5 of 1987
BETWEEN: THE MUNICIPAL OFFICERS ASSOCIATION OF AUSTRALIA
Applicant and
CITY OF BAYSWATER Respondent
MINUTE OF ORDER JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 30 SEPTEMBER 1987
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The respondent is to pay a penalty of $50.00 in each case. 2. The penalty is to be paid to the Registrar of the Court
for payment to the Consolidated Revenue Fund.
3. The penalty is to be paid within 10 days.
Note: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY INDUSTRIAL DIVISION
WA 3 OF 1987
BETWEEN: THE MUNICIPAL OFFICERS ASSOCIATION OF AUSTRALIA
Applicant and CITY OF BAYSWATER Respondent
WA_5 of 1987
BETWEEN: THE MUNICIPAL OFFICERS ASSOCIATION OF AUSTRALIA
Applicant and CITY OF BAYSWATER
Respondent
CORAM: FRENCH J.
30 SEPTEMBER 1987
EX TEMPORE REASONS FOR JUDGMENT
In these two applications the Municipal Officers Association of Australia sues for the recovery of penalties from the City of Bayswater for the alleged breach by the City of the redundancy provisions of the Local Government Officers (Western Australia) Award 1975. The applications are brought under s.119 of the Conciliation and Arbitration Act 1904. Sub-s. (1) of that
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