McGarry, P. v. School & Office Uniforms Pty Ltd [1985] FCA 550

McGarry, P. v. School & Office Uniforms Pty Ltd [1985] FCA 550

The respondent failed to provide proper access to wage records, wrongfully refused the making of copies where a breach was suspected, and did not comply with the union preference notification clause. International conventions cited are neither incorporated into domestic law nor relevant for mitigation of penalty in this context. Each group of breaches is penalised separately, with multiple breaches of the union preference clause treated as a single course of conduct breach.

Jurisdiction
Australia
Judgment Date
28 October 1985
Procedural Posture
Industrial Claim for Award Breaches and Penalties / Judgment After Hearing
Outcome
Pecuniary penalties imposed for each breach of the award.
Legal Topics
['award Breaches' 'access to Wage Records' 'union Preference Clauses' 'application of International Conventions to Penalties']
['industrial Law' 'public International Law'] ['award Breaches' 'access to Wage Records' 'union Preference Clauses' 'application of International Conventions to Penalties']

Case Brief

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Procedural Posture

Industrial Claim for Award Breaches and Penalties / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the respondent breached clauses of the Clothing Trades Award 1982 regarding access to wages records and union preference.' 'Whether international human rights conventions are relevant to fixation of penalty in Australian industrial law cases.']

Ratio Decidendi

The respondent failed to provide proper access to wage records, wrongfully refused the making of copies where a breach was suspected, and did not comply with the union preference notification clause. International conventions cited are neither incorporated into domestic law nor relevant for mitigation of penalty in this context. Each group of breaches is penalised separately, with multiple breaches of the union preference clause treated as a single course of conduct breach.

Court Disposition

Pecuniary penalties imposed for each breach of the award.

Orders

  • ['Penalty of $200 for breach of cl. 29(a) of the Clothing Trades Award 1982.' 'Penalty of $200 for breach of cl. 30(c) of the Clothing Trades Award 1982.' 'Penalty of $1,000 for breach of cl. 40(a)(ii) of the Clothing Trades Award 1982.' 'Penalties to be paid to the Clothing and Allied Trades Union of Australia.']