Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Liquor, Hospitality and Miscellaneous Union v Prestige Property Services Pty Ltd [2005] FCA 408 INDUSTRIAL RELATIONS – appeal - application for penalty and recovery of underpayment pursuant to s178 of the Workplace Relations Act 1996 (Cth) – claim for breaches of cl 8A(a)(ii) of the Building Services (Victoria) Award 1994 – interpretation of award in light of industrial reality and the context and purpose of the award – meaning of "in premises of State Governments Departments and Instrumentalities" – appeal dismissed
Workplace Relations Act 1996 (Cth) s178
Employee Relations Act 1992 (Vic) s172(6)
Building Services (Victoria) Award 1994
Amcor Limited v Construction, Forestry, Mining and Energy Union [2005] HCA 10, applied
Kucks v CSR Ltd (1996) 66 IR 182, cited
Edwards v Giudice (1999) 94 FCR 561, cited
P & O Pty Ltd v ALHMWU [1999] FCA 1129, referred to LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION v PRESTIGE PROPERTY SERVICES PTY LTD AND WILTARI PTY LTD V 1106 OF 2004 MARSHALL J 14 APRIL 2005 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 1106 OF 2004
ON APPEAL FROM THE MAGISTRATES COURT OF VICTORIA
BETWEEN: LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION
APPELLANT
AND: PRESTIGE PROPERTY SERVICES PTY LTD
FIRST RESPONDENT
WILTARI PTY LTD
SECOND RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 14 APRIL 2005
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The appeal is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 1106 OF 2004
ON APPEAL FROM THE MAGISTRATES COURT OF VICTORIA
BETWEEN: LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION
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