Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Textile Clothing & Footwear Union of Australia v Southern Cross Clothing Pty Ltd [2006] FCA 325 INDUSTRIAL LAW – outworkers – application for penalty for breach of Part 9 of the Clothing Trades Award 1999 – no appearance or defence filed by respondent – calculation of penalty Clothing Trades Award 1999 Part 9 Workplace Relations Act 1996 (Cth) ss 178, 356(b) Clothing and Allied Trades Union v J & J Saggio Clothing Manufacturers Pty Ltd (1990) 34 IR 26, followed
Textile Clothing and Footwear Union of Australia v Lotus Cove Pty Ltd [2004] FCA 43, followed
TEXTILE CLOTHING AND FOOTWEAR UNION OF AUSTRALIA v SOUTHERN CROSS CLOTHING PTY LTD
VID 776 OF 2005
MARSHALL J
28 MARCH 2006
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 776 OF 2005
BETWEEN: TEXTILE CLOTHING AND FOOTWEAR UNION OF AUSTRALIA
APPLICANT
AND: SOUTHERN CROSS CLOTHING PTY LTD
RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 28 MARCH 2006
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. A penalty in the sum of $23,100 for breach of cl 48.1 of the Clothing Trades Award 1999 ("the Award") between 20 December 2002 and 8 September 2004 be imposed on the respondent.
2. A penalty in the sum of $13,200 for breach of cl 46.2.1 of the Award between 20 December 2002 and 8 September 2004 be imposed on the respondent.
3. A penalty in the sum of $8,250 for breach of cl 46.2.3 of the Award between 20 December 2002 and 8 September 2004 be imposed on the respondent.
4. A penalty in the sum of $13,200 for breach of cl 46.4.1 of the Award between 20 December 2002 and 8 September 2004 be imposed on the respondent.
5. A penalty in the sum of $13,200 for breach of cl 46.4.2 of the Award between 20 December 2002 and 8 September 2004 be imposed on the respondent.
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