Blackadder v Ramsey Butchering Services Pty Ltd [2002] FCA 678

FEDERAL COURT OF AUSTRALIA

Blackadder v Ramsey Butchering Services Pty Ltd [2002] FCA 678

STEPHEN BLACKADDER v RAMSEY BUTCHERING SERVICES PTY LTD N756 of 2000

MADGWICK J 21 MAY 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N756 of 2000

BETWEEN: STEPHEN BLACKADDER

APPLICANT

AND: RAMSEY BUTCHERING SERVICES PTY LTD

RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 21 MAY 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Leave be granted to file in court the affidavits of Nigel Bacon sworn 15 May 2001 and Francis Hannigan sworn 20 May 2002. 2. The respondent reinstate the applicant to the position in which he was employed prior to the termination of his employment, namely a boner performing chilled boning work in that part of the respondent's premises known as the big boning room; 3. Upon such reinstatement and for a period of 14 days thereafter the respondent shall furnish the applicant with his usual work in such position, excepting in case of shortage of stock to slaughter. 4. In the event of a dispute thereafter as to the applicant's physical capacity to perform the work that thereafter might lawfully be required of him, the parties and each of them are to refer the matter to the Disputes Committee established under the Australian Workplace Agreement which, as was common ground in the proceedings, binds the parties. 5. The respondent is to pay the applicant within 17 days hereof an amount of $1,100 for interest. 6. Orders to take effect on and from Monday 27 May 2002. 7. Liberty to apply to Justice Madgwick before 1pm on Wednesday 29 May 2002 as to a stay on 48 hours notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA