Federal Court of Australia
a
raed 1 Se JUDGMENT No. 4O.2-32: INDUSTRIAL LAW - breach of award - charter bus drivers - casual employees - deemed weekly employees - payment per trip - breaches of award - underpayments - failure to keep proper records -
penalties - underpayments to be made good.
Conciliation and Arbitration Act 1904 s.125
The Transport Workers (Passenger Vehicles) Award, 1978
GERALD ANTHONY HENNESSY v KEETLEYS TOURS PTY LIMITED
NO. NT 1 OF 1985
FRENCH J. DARWIN
12 FEBRUARY 1988
IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY DISTRICT REGISTRY INDUSTRIAL DIVISION
wee ww
No. NT 1 of 1985
BETWREN: GERALD ANTHONY HENNESSY Appricant
and
KERTLEYS TOURS PTY LIMITED
Pespondent
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 12 FEBRUARY 1988 WHERE MADE: DARWIN
THE COURT ORDERS THAT:
l. The Respondent do pay a penalty of $750.00 in respect of
count 1 of the application.
2. The Respondent do pay a penalty of $750.00 in respect of
counts 4 to 20 inclusive of the application.
3. The Respondent do pay to Marelyn Kaye Jeffs the sum of
$2,221.51.
4. The Respondent do pay to Robert Millard Thomson the sum
of $3,147.28.
NOTE: Settlement and entry of orders is dealt with in
Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY DISTRICT RRGISTRY INDUSTRIAL DIVISION
ewww
No. NT 1 of 1985
BETWEEN: GERALD ANTHONY HENNESSY Applicant
and
KFETLEYS TOURS PTY LIMITED Respondent
CORAM: FRENCH J. 12 FEBRUARY 1988
REASONS FOR JUDGMENT
Keetleys Tours Pty Limited 1s a company which 1s based 1n Darwin and carries on the business of providing passenger transport services. It has carried on that business since it was incorporated in January 1974. Among the specific services it provides are the transport of school children to and from school and on school excursions, the ferrying of passengers, aircrew and airline hostesses between the airport and the city, the transport of stevedores to and from the wharf in Darwin harbour and the
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