ALHMWU Liquor & Hospitality Division v Carlton and United Breweries Ltd [1995] IRCA 64

IN THE INDUSTRIAL RELATIONS

COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY Matter No VI 1447/94

B E T W E E N: A.L.H.M.W.U. LIQUOR & HOSPITALITY DIVISION

AND: CARLTON AND UNITED BREWERIES LTD

COURT: MURPHY JR

PLACE: MELBOURNE

DATE: 2 MARCH 1995

REASONS FOR DECISION

Introduction

Paul Ponting "the applicant", a member of the applicant industrial organisation, was terminated from his employment by the respondent on 23 August 1994 and brings these proceedings alleging that the termination contravened Part VIA of the Industrial Relations Act ("the Act").

Summary of Evidence And Findings On The Evidence

The respondent conducts a major distribution centre ("the Centre") for its product at Richmond. Since 1987 the applicant has been employed by the respondent and for the majority of that period has been employed at the Centre. He commenced employment as a labourer, was promoted to leading hand, and for the past two or three years has been a leading hand/relieving supervisor. He gave evidence that for most of the months in 1994 he was acting as a relieving supervisor at the Centre.

Because of the valuable and marketable nature of the product the respondent has an elaborate system of security controls to prevent theft from the Centre. All systems require human involvement and the respondent freely admitted in these proceedings that collusion between employees and others could result in the evasion of its controls and the theft of product.

The applicant's duties at the Centre involved him being in a position of responsibility and trust to ensure that product received into the Centre was properly accounted for and product shipped out of the Centre was also properly accounted for. The Centre is the main distribution centre for the respondent and from there beer is delivered by truck to the bulk of its metropolitan and country customers.