Federal Court of Australia
JUDGMENT No. 104.21.
CATCHWORODS
INDUSTRIAL LAW - prosecution under 3.5(1) - whether dismissal by reason of circumstance that informant was delegate or proposed delegate of union - not "delegate" appointed in accordance with union rules - meaning of "delegate" - whether spokesperson for workers sufficient to constitute him a delegate - consideration of operative factors in dismissal.
Conciliation and Arbitration Act 1904 s.5
PLUMTON V. CATHAY HOTEL PTY.LTD. Q.2 of 1987
SPENDER J. BRISBANE 22 OCTOBER 1987.
IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) Q.2 of 1987 INDUSTRIAL DIVISION )
BETWEEN : CHRISTOPHER PLUMTON
Prosecutor
AND: CATHAY HOTEL PTY. LTD.
Defendant
MINUTE OF ORDER
JUDGE MAKING ORDER: SPENDER J.
DATE OF ORDER: 22 OCTOBER 1987 WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
the information be dismissed grant liberty to apply within 7 days on the question of costs.
NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA )
QUEENSLAND DISTRICT REGISTRY ) Q.2 of 1987 INDUSTRIAL DIVISION ) BETWEEN : CHRISTOPHER PLUMTON Prosecutor AND: CATHAY HOTEL PTY. LTD. Defendant
SPENDER J. BRISBANE 22 October 1987.
REASONS FOR JUDGMENT
This 18 a prosecution in respect of an alleged breach of
s.5(1) of the Conciliation and Arbitration Act 1904 ("the Act").
Section 5(1) relevantly provides:
"An employer shall not dismiss an employee, or injure him in his employment, or alter his position
to his prejudice, by reason of the circumstances that the employee -
(a) is or has been, or proposes, or has at any time proposed, to become, an officer, delegate or member of an organization, or of an
association that has applied to be registered as an organization; or
(d) being a member of an organization which is
seeking better industrial conditions, 1s dissatisfied with'his conditions; or
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