Re Sarina; Ex parte Wollondilly Shire Council

In the case of Re Sarina; Ex parte Wollondilly Shire Council, the Federal Court of Australia was presented with two applications under section 119 of the Conciliation and Arbitration Act 1904. The applications sought penalties against the respondent for alleged breaches of clause 31 of the Clothing Trades Award 1964. The applicant, George Philopoulos, claimed that the respondent, Farabram Nominees Pty Limited, had denied him access to the factory premises during a meal break and had refused to provide access to the wages books and records. The court was tasked with determining whether these actions constituted breaches of the award and, if so, to decide on the appropriate penalties.

The legal issues before the court included whether the refusal to allow the applicant entry during the meal break and the denial of access to the wages books constituted breaches of clause 31 of the award. The court examined the evidence provided by both parties and considered the submissions made by counsel. It was necessary to interpret the award and determine whether the actions of the respondent fell within the scope of the clause.

The court found that the applicant's claim regarding the refusal of entry during the meal break was not substantiated by the evidence, and the court accepted the respondent's version of events. Regarding the second visit, the court found that the applicant's request to access the wages books was made in good faith and that the respondent's refusal to provide access constituted a breach of clause 31(a). The court rejected the respondent's arguments that the breach was technical or that the award was not binding in this instance.

The court considered the severity of the breach, the importance of clause 31 in ensuring compliance with the award, and the need to deter such behaviour in the future. The court imposed a penalty of $500, to be paid to the union, acknowledging the seriousness of the breach and the need to uphold the union's role in enforcing the award.