Ford, Clements,Ware & Calleja v Airservices Australia [1998] IRCA 10

INDUSTRIAL RELATIONS COURT OF AUSTRALIA INDUSTRIAL LAW - application for penalty pursuant to s 178 Workplace Relations Act 1996 (Cth) (formerly s 178 Industrial Relations Act 1988 (Cth) ) for breach of awards - respondent restructured operations and introduced new classification structure - whether applicants were excess to respondent's requirements - whether applicants retrenched - NO POINT OF PRINCIPLE CONTRACT - whether breach of contract - whether misrepresentation - whether wrongful dismissal - NO POINT OF PRINCIPLE TRADE PRACTICES ACT - whether misleading and deceptive conduct - NO POINT OF PRINCIPLE PRACTICE AND PROCEDURE - no case submission - principles to be applied Workplace Relations Act 1996 (Cth) s 178, 179 Industrial Relations Act 1988 (Cth) s 178 Civil Aviation Act 1988 (Cth) Public Service Act 1922 (Cth)

Australian Public Service Redeployment and Retirement (Redundancy) Award 1987 cll 6, 7 Civil Aviation Authority Award 1990 cl 38 J-Corp Pty Ltd v Australian Builders Labourers Federation Union of Workers (WA Branch) (1992) 111 ALR 377, followed RONALD FORD, PAUL ANDREW CLEMENTS, JAMES WARE and EDWARD CALLEJA v AIRSERVICES AUSTRALIA VI 1816 of 1995 MARSHALL J MELBOURNE 27 MARCH 1998

IN THE INDUSTRIAL RELATIONS COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VI 1816 of 1995

BETWEEN: RONALD FORD

First Applicant

PAUL ANDREW CLEMENTS

Second Applicant

JAMES WARE

Third Applicant

EDWARD CALLEJA

Fourth Applicant

AND: AIRSERVICES AUSTRALIA

Respondent

JUDGE: MARSHALL J

DATE OF ORDER: 27 MARCH 1998

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The application be dismissed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.