Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing & Allied Services Union of Australia v Alcoa of Australia [1998] FCA 788

Federal COURT OF AUSTRALIA

INDUSTRIAL LAW - Alleged Breach of Award - Non-payment of Wages - whether refusal of lawful and reasonable instruction - whether waiver of rejection of part-performance.

Industrial Relations Act 1988 (now Workplace Relations Act 1996) - s 178 Alcoa of Australia (Western Australia) Award 1982 Gapes v Commercial Bank of Australia Ltd(1980) 37 ALR 20. Spotless Catering Services Pty Ltd v FLAIEU(1988) 25 IR 255. Csomore v Public Service Board(1986) 10 NSWLR 587. COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA -v- ALCOA OF AUSTRALIA WI 1481 of 1996

R.D. FARRELL JR 6 JULY 1998 PERTH

IN THE Federal COURT OF AUSTRALIA western australia DISTRICT REGISTRY WI 1481 of 1996

BETWEEN: COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA

AND: ALCOA OF AUSTRALIA

COURT: R.D. FARRELL JR DATE OF ORDER: 2 JULY 1998 WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE Federal COURT OF AUSTRALIA western australia DISTRICT REGISTRY WI 1481 of 1996

BETWEEN: COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA

AND: ALCOA OF AUSTRALIA

court: rd farrell jr DATE: 6 July 1998 PLACE: perth

REASONS FOR DECISION This is an application under Section 178 of the then Industrial Relations Act 1988, now known as the Workplace Relations Act 1996 ("the Act"). It arises from an alleged failure by the employer, Alcoa of Australia ("Alcoa"), to pay one of its employees, Mr Andrew Cattermole, an amount in wages allegedly required to be paid under an award.