Federal Court of Australia
at
UDGMENT No.
CATCHWORDS
Industrial law - registered organization - whether employees members - whether previous resignations - whether requirement that membership "subject to the approval of the application by the Federal Executive" a condition subsequent - whether
financial members - whether employee a "delegate".
Industrial law - employer and employee - dismissal - whether
by reason of proscribed circumstances - whether organization "seeking better industrial conditions" - whether employees dissatisfied with conditions - whether onus on employer
discharged - decision by majority of council.
Conciliation and Arbitration Act 1904 ss. S(1l)(a)d(c)(d)(f), (4), (5), 140(1)(c), 145(1).
Municipal Officers (Northern Territory) Award 1982
Municipal Officers - Palmerston Town Council (Northern
Territory) Award 1986 cl.17
STEPHEN PHILLIP GIBBS v. THE PALMERSTON TOWN COUNCIL
Nos. V28 and V29 of 1987 Gray J.
MELBOURNE
21ST DECEMBER 1987
FED COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY INDUSTRIAL DIVISION
No. V.28 of 1987
dnd
STEPHEN PHILLIP GIBBS
Prosecutor
THE PALMERSTON TOWN COUNCIL
MINUTES OF ORDER
THE COURT ORDERS THAT:
1.
2.
The defendant, The Palmerston Town Council, is convicted
of an offence against s.5 of the Conciliation and
Arbitration Act 1904 ("the Act"), in that on 2nd June
1987 it did dismiss Margaret Mary Hooper from her
employment, by reason of the circumstances:
(a)
(b)
(c)
that she was a member of the Municipal Officers' Association of Australia, an organization of employees registered pursuant to the Act;
that she had appeared as a witness in a proceeding under the Act; and
that, being a member of the Municipal Officers'
Association, which was seeking better industrial conditions, she was dissatisfied with her
conditions.
The defendant is sentenced to pay a fine of $250.00 in
respect of the offence.
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