GERALD ANTHONY HENNESSY v KEETLEYS TOURS PTY LIMITED

Federal Court of Australia|1988-02-12|Before: Mr P, French J

raed 1 Se JUDGMENT No. 4O.2-32: INDUSTRIAL LAW - breach of award - charter bus drivers - casual employees - deemed weekly employees - payment per trip - breaches of award - underpayments - failure to keep proper records -

The Transport Workers (Passenger Vehicles) Award, 1978

JUDGE MAKING ORDER: FRENCH J. DATE OF ORDER: 12 FEBRUARY 1988 WHERE MADE: DARWIN

l. The Respondent do pay a penalty of $750.00 in respect of

The Respondent do pay a penalty of $750.00 in respect of

The Respondent do pay to Marelyn Kaye Jeffs the sum of

The Respondent do pay to Robert Millard Thomson the sum

NOTE: Settlement and entry of orders is dealt with in

IN THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY DISTRICT RRGISTRY INDUSTRIAL DIVISION

Keetleys Tours Pty Limited 1s a company which 1s based 1n Darwin and carries on the business of providing passenger transport services. It has carried on that business since it was incorporated in January 1974. Among the specific services it provides are the transport of school children to and from school and on school excursions, the ferrying of passengers, aircrew and airline hostesses between the airport and the city, the transport of stevedores to and from the wharf in Darwin harbour and the

The principal issue in this case is the adequacy of payments made by the company to two of its drivers in December

The applicant, who is an inspector appointed under the

provisions of s.125 of the Conciliation and Arbitration Act 1904,

seeks the imposition of penalties under s.119 of the Act for var1ous alleged breaches by the company of the Transport Workers (Passenger Vehicles) Award, 1978. The breaches relate in large part to underpayments said to have been made to Marelyn Jeffs and Robert Thomson, the two drivers concerned. In addition, the applicant alleges failure on the part of the company to keep proper time and wages records, failure to exhibit a copy of the Award in a prominent place and failure to post a roster where it

The application was attended by considerable delay, both in its institution and its prosecution prior to trial. When it came on for hearing on 8 February, counsel for the respondent moved to stay the proceedings on the basis that their continuance in light of the delays would be an abuse of process. After hearing evidence and argument, which extended over one and a half days, I dismissed the motion. The respondent thereupon instructed its solicitors and counsel to take no further part in the

proceedings and they were given leave to withdraw. The hearing

continued with the presentation of the applicant's case.

The two employees, Jeffs and Thomson, gave evidence of the nature and hours of their work during the relevant period. The former Chief Inspector of the Industrial Relations Bureau 1n Darwin, Paul Bonford, and a former Inspector with that organisation, Andrew Hill, told the court of their visits to and

conversations at the respondent's premises. Mr Ian Turner, the

Solicitors for the Applicant: Australian Government Solicitor

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At a glance

Court

Decision date

Before

Source

Judgment (23 paragraphs)

Parties