ALHMWU v Cranbourne RSL Sub-branch Inc [1999] FCA 1425

FEDERAL COURT OF AUSTRALIA

ALHMWU v Cranbourne RSL Sub Branch Inc [1999] FCA 1425

AUSTRALIAN LIQUOR HOSPITALITY AND MISCELLANEOUS WORKERS UNION, ANDREW WEREMIJENKO, KATHLEEN BEADEL, BRUCE FORBES,

DAMIAN BEADEL, NATALIE SIMS, BELINDA MALLINSON and

SAMANTHA JANE SHEPHERD

-v- CRANBOURNE RSL SUB BRANCH INC, PETER SMITH and PETER SOMERS

V 556 OF 1999

RYAN J

18 OCTOBER 1999

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 556 OF 1999

BETWEEN: AUSTRALIAN LIQUOR HOSPITALITY AND MISCELLANEOUS WORKERS UNION

First Applicant

ANDREW WEREMIJENKO

Second Applicant

KATHLEEN BEADEL

Third Applicant

BRUCE FORBES

Fourth Applicant

DAMIAN BEADEL

Fifth Applicant

NATALIE SIMS

Sixth Applicant

BELINDA MALLINSON

Seventh Applicant

and

SAMANTHA JANE SHEPHERD

Eighth Applicant

AND: CRANBOURNE RSL SUB BRANCH INC

First Respondent

PETER SMITH

Second Respondent

PETER SOMERS

Third Respondent

JUDGE: RYAN J

DATE OF ORDER: 18 OCTOBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS:

1. That, upon the first respondent by its Counsel giving the usual undertaking as to damages, the first respondent, until the hearing and determination of this application or further order:

(a) roster the second applicant, Andrew Weremijenko, to work not less than the average number of hours per week for which he was rostered to work between 1 January and 13 September 1999 and to pay to the second applicant the supervisor's loading prescribed by the Licensed Club (Victoria) Award 1998 ("the Award") for any of the hours for which he is so rostered for work during which neither Angela Jones nor Warwick Daly is rostered for work.