Hardie, C.S. v. Hilton Hotels of Australia Pty Ltd [1988] FCA 34

_--GMENT No. 24. /63..

THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD Q7 of 1987

INDUSTRIAL DIVISION )

BETWEEN: COLIN STANLEY HARDIE Applicant AND: HILTON HOTELS OF AUSTRALIA PTY LIMITED

Respondent MINUTES OF ORDER JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 5 FEBRUARY 1988 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1.

NOTE:

the application be struck out, without prejudice to the applicant's right to bring similar proceedings relating to the matters sought to be placed in issue in any of the papers before the Court;

no order for costs be made.

Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT! REGISTRY ) QLD Q7 of 1987 INDUSTRIAL DIVISION )

BETWEEN: COLIN STANLEY HARDIE

Applicant AND: HILTON HOTELS OF AUSTRALIA PTY LIMITED

Respondent

PINCUS J. 5 & 9 FEBRUARY 1988

EX TEMPORE REASONS FOR JUDGMENT

This 1s an application to adjourn the further mention of

an industrial case, but I have thought it necessary to reserve it

briefly, as it appeared to me to involve a question of principle.

The applicant, Mr Hardie, commenced proceedings on 4 November 1987 seeking the imposition of penalties upon the

respondent pursuant to s.119 of the Conciliation and Arbitration

Act 1904, alleging a failure in 1986 and 1987 to give preference

to 136 members of the Federated Liquor and Allied Industries Employees' Union of Australia who applied to the respondent for work. The application also alleged that in May 1987 the respondent failed to give preference to union members by not

retaining in employment three named people, Messrs McRobbie,

Heighway and Rawson.

The affidavit in support of the application made by Mr Hardie gave some details of the extent to which the matter had then been investigated. For example, it said that the union had maintained an employment list, being a list of financial members of the union who were unemployed and seeking employment, and that from about September 1986 it began to refer members on the list to the respondent for employment. It also obtained a proforma application for employment and people who were referred to the respondent for employment were invited to fill it out. That is referred to in paragraph 16 which mentions that members who were referred to the respondent for employment made a statutory declaration setting out their experience, and the like. Further, the union began placing advertisements in newspapers asking members of the union to contact it regarding employment in the