Freda Bogar v G Campbell & Ors [1995] IRCA 405

IN THE INDUSTRIAL RELATIONS COURT )

OF AUSTRALIA ) NO: VI 1809 of 1994 VICTORIA DISTRICT REGISTRY ) BETWEEN: FREDA BOGAR Applicant and G. CAMPBELL, D. CAMERON, D. HARRISON, J. CORSETTI, D. GOODGER, G. HARRIS, I. JONES, B. FRASER, S. MAURICE, N. MARSHALL, J. ROYLE, J. SPEIGHT, M. NICOLAIDES, R. KEATING, M. TUMBERS, D. MOWBRAY, J. SHARP-COLLETT, K. PECKHAM, G. ADAMS, D. SMITH, P. NOACK, C. FRIZZIERO, B. MARTIN, P. JOHNSTON and M. McGILL Respondents REASONS FOR JUDGMENT 18 AUGUST 1995 KEELY J. On 5 October 1994 a rule to show cause was granted which called upon the respondents to show cause why certain orders should not be made, including the following orders. "1. That the respondents, by themselves, their servants or agents, or otherwise, perform and observe the rules of the Automotive, Food, Metals and Engineering Union ("the union") by treating the office of Federal Secretary - Food and Confectionery Division ("the division") of the union currently held by the applicant, as a full-time paid position on and from 2nd September, 1994. 2. That the respondents, by themselves, their servants or agents, or otherwise, perform and observe the rules of the Automotive, Food, Metals and Engineering Union ("the union") by paying the applicant wages and all other emoluments of office in the same amounts as those paid to the Federal Secretaries of the other divisions of the union, for the period commencing 2nd September, 1994, and continuing while the applicant remains in the office of Federal Secretary - Food and Confectionery Division ("the division") of the union." After hearing counsel for the parties on 7 October 1994 the court on 12 October 1994 made interim orders, including one in the following terms:

"The respondents, by themselves, their servants or agents, or otherwise, perform and observe the rules of the Automotive, Food, Metals and Engineering Union by paying to the applicant a salary equivalent to the salary that is paid to the person currently holding the office of Federal Secretary of the Vehicle Division of the union, such payment of salary in respect of the period commencing on 2 September 1994 to be made within 7 days and such payments to continue pending the final determination of the proceedings or further order."