Federal Court of Australia
Sth August 1988
JUDGMENT No. FASS Rew
CATCHWORDS:
Industrial law - award - breach - whether making transportable homes in factory "construction work" as defined - whether work "in connection with the erection...... of buildings or structures" - whether implied exclusion by
express inclusion of "the prefabricating of a building in an
open yard" - factors in mitigation of penalty.
Conciliation and Arbitration Act 1904, ss. 119, 120, 125(2),
National Buildin
Trades Construction Award 1975 Traffic Act 1925 (Tasmania) s.4
Tourism (Caravan Parks) Determination 13973 (Tasmania) cl.2.
PETER ROBERT SAUNDERS v. PARK HOMES PTY. ETD.
No. TI 3 of 1988
Gray J.
Hobart
cermesy ore
ep ee eee
IN THE FEDERAL COURT OF AUSTRALIA TASMANIA DISTRICT REGISTRY INDUSTRIAL DIVISTON
No. TI 3 of 1988
BETWEEN :
PETER ROBERT SAUNDERS Applicant -and- PARK HOMES PTY. LTD. Respondent
MINUTES OF ORDER
THE COURT ORDERS THAT:
The respondent pay a penalty in the sum of $25.00 in respect of breaches of the terms of the National Building Trades Construction Award 1975 in failing to pay to Anthony Paul Lucas the amounts which it was obliged to pay to him under that Award in respect of the weeks ended 19th November 1986, llth February 1987 and 13th May 1987.
The respondent pay the penalty into the Consolidated
Revenue Fund.
ee eg eee te ve
(NOTE: Settlement and entry of orders is dealt with in 0.36
of the Federal Court Rules.)
wm pore ee oe ee ee re "oo, . ttyl ra
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY No. TI 3 of 1988
INDUSTRIAL DIVISTON
Award.
to $s.125(2)
BETWEEN :
PETER ROBERT SAUNDERS Applicant -and- PARK HOMES PTY. ETD. Respondent
REASONS FOR JUDGMENT
The crucial question in this proceeding is whecher
work performed by an employee of the respondent during the
velevant periods fell within the tersms of the Nasional
Building Trades Construction Award 1975 ("the Award"). The
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