Federal Court of Australia
CATCHWORDS
INDUSTRIAL LAW ~ awards - breaches - whether conduct amounts to "serious and wilful" misconduct - whether termination of
employment is "harsh, unjust and unreasonable" - penalties P P
Conciliation and Arbitration Act 1904 s. 119
Bank Officials' (Federal) (1963) Award -— clauses 38A(a),
38A(d), 38A(f)
Bank officials' (Long Service Leave) Award 1965 - clause 8(2)
Gregory v Philip Morris Limited (unreported - delivered 14
April, 1988)
North v Television Corp. Ltd. (1976) 11 ALR 599
'
THE AUSTRALIAN BANK EMPLOYEES UNION v WESTPAC BANKING
CORPORATION
NO. V 1 OF 1988
KEELY J. MELBOURNE
14 JULY, 1988
a
IN THE FEDERAL COURT OF AUSTRALIA) )
VICTORIA DISTRICT REGISTRY )No. V 1 of 1988
) INDUSTRIAL DIVISION )
BETWEEN:
THE AUSTRALIAN BANK
EMPLOYEES UNION
Applicant
AND:
WESTPAC BANKING
CORPORATION
Respondent
JUDGE MAKING ORDERS: KEELY J.
WHERE ORDERS MADE: MELBOURNE
DATE ORDERS MADE: 14 JULY, 1988
MINUTES OF ORDER
THE COURT ORDERS THAT :
1. The respondent, Westpac Banking Corporation, pay a
penalty of $600 for its breach on 6 October,
1986 of clause
38A(a) of the Bank Officials' (Federal) (1963) Award.
2. The respondent, Westpac Banking Corporation, pay a
penalty of $500 for its breach on 6 October,
1986 of clause
38A(d) of the Bank Officials' (Federal) (1963) Award.
3. The respondent, Westpac Banking Corporation, pay a penalty of $100 for its breach on 6 October, 1986 of
sub-clause 8(2) of the Bank Officials' (Long Service Leave)
Award 1965.
4, Each of the penalties imposed by the above orders be
paid to the applicant, Australian Bank Employees Union. --
5. Paragraphs 1 and 4 of the application be dismissed.
6. Liberty be reserved to the applicant to apply in
respect of paragraph 6 of the application.
(Note: Settlement and entry of orders is dealt with in Order
36 of the Federal Court Rules)
THE AUSTRALIAN BANK EMPLOYEES UNION v WESTPAC BANKING
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