Textile, Clothing & Footwear Union of Australia v Bellhop

REASONS FOR JUDGMENT 1 This is an application pursuant to s178 of the Workplace Relations Act 1996 (Cth) ("the Act") in which the applicant, the Textile Clothing & Footwear Union of Australia, ("the Union") has sought the imposition of penalties upon the respondents. These reasons for judgment should be read in conjunction with the ex-tempore reasons for judgment delivered on 12 July 1999. In those reasons the Court amended the application and statement of claim and also ordered that certain paragraphs of the respondent's defence be struck out. 2 On 12 July 1999 the Court also declined to refer to the Attorneys a purported Notice of Constitutional Matter on the basis that it wasn't the view of the Court that the Notice truly raised issues going to the interpretation of the Constitution or its operation. A purported Notice of Appeal has been filed in respect of the decision not to refer the purported Notice of Constitutional Matter to the Attorneys. Leave to appeal has not been sought in respect of that interlocutory judgment. When the matter came on for hearing this morning there was no application to adjourn the proceeding on the basis of the purported Notice of Appeal.

Background facts 3 The Union is an organisation of employees registered under the Act. The first respondent, Bellhop Pty Ltd ("Bellhop") is a company incorporated pursuant to the Corporations Law. Bellhop manufactures knitted garments at a textile mill in Seaford. Mr Antonio Cavalcante was employed by Bellhop from September 1995 until 3 September 1998 as a machine operator. Ms Barbara Siliga was employed by Bellhop from June 1997 until 3 July 1998 as a sewing machinist. Ms Jennifer Morris was employed by Bellhop from February 1997 until November 1998 as a machinist. Ms Pauline Bailey was employed by Bellhop as a sewing machinist from 19 February 1997 until 3 September 1998. Ms Sonia Ottaway has been employed by Bellhop as a storeperson and packer from about 12 February 1997. Ms Judith Beynon has been employed by Bellhop as a quasar operator from about 7 March 1997. 4 Mr Patrick Dolan works for Bellhop as a storeman. He has been continuously employed by Bellhop since January 1997 when Bellhop moved to its Seaford mill from a previous location in Brunswick Street, Fitzroy. Mr Dolan commenced work at the Fitzroy premises for a predecessor company to Bellhop in or about April 1990. Ms Maria Gelfand commenced work at the Fitzroy premises in or about May 1995 as a machinist. She has worked for Bellhop at Seaford since January 1997. Ms Donna Sims has worked for Bellhop since 12 March 1997 as a presser. Mr Mario Iacovelli has worked for Bellhop at Seaford since January 1997. Prior to then he worked at the Fitzroy premises from 31 July 1989. He is a textile mechanic. 5 Each of the persons referred to in the previous paragraph have been continuously employed by Bellhop or companies, the relevant business of which has been transmitted or assigned to Bellhop. Each such person is or was at all material times a member of the Union. 6 Bellhop is bound by the Textile Industry Award (1994) ("the Award"). When the Award was made by the Australian Industrial Relations Commission ("the Commission"), David Keys (Australia) Pty Ltd ("David Keys") was named as respondent. On or about 10 August 1994 David Keys changed its name to Bellhop.