In the matter of the Conciliation and Arbitration Act Linehan, Desmond Lawrence (on behalf of the Industrial Relations Bureau) The Australian Public Service Association (Fourth Division Officers) [1983] FCA 171

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CATCHWORDS

Industrial Law - Case Stated - Criminal Offence ~- Admissibility of agent's statements as admissions against principal — Validity of acts done in breach of rules - Whether invalid act can

constitute offence -— Whether act of Branch is act of Organisatior

- Meaning of "impose".

Conciliation and Arbitration Act 1904 - ss. 121, 140(1)(a), 188, 191(1).

Federal Court of Australia Act 1976 - s.25(6).

dudiciary Act 1903 - s.78B.

Commonwealth of Australia Constitution Act - ss. 51(xxxv), 51(xxxix).

IN THE MATTER OF THE CONCILIATION AND ARBITRATION ACT.

DESMOND LAWRENCE GLINEHAN (on behalf of the Industrial Relations Bureau) v. THE AUSTRALIAN PUBLIC SERVICE ASSOCIATION (FOURTH

DIVISTON OFFICERS). Vic. No. V7 and V8 of 1982.

Fox, Lockhart and Fitzgerald JJ.

29 July 1983. cS KYO R&S

Brisbane. I~ nos ey " . 3

IN THE FEDERAL COURT OF AUSTRALIA

) ) QUEENSLAND DISTRICT REGISTRY ) ) INDUSTRIAL DIVISTON )

Vic. No. V7 of 1982 Vic. No. V8 of 1982

IN THE MATTER of the CONCILIATION AND ARBITRATION

AcT

BETWEEN: DESMOND LAWRENCE LINEHAN (on behalf of the Industrial Relations Bureau)

Prosecutor

AND:

THE AUSTRALIAN PUBLIC SERVICE ASSOCIATION (FOURTH DIVISION

OFFICERS) Defendant QRDER JUDGES = Fox, Lockhart and. Fitzgerald JJ. DATE OF ORDER: 29 July 1983 THE COURT ORDERS THAT: 1. The questions for separate decision by the Court he

answered as follows:

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Whether are

2.

the letters, annexures "C", and ""D" admissible against the defendant

organisation ag proof of the matters stated therein.

— Yes.

Whether it was established by evidence

admissible against the defendant organisation -that the Queensland Branch Committee of Management of the defendant organisation on 21 April 1981 fined Michael David Bryant $10.00 for failing to stop work on 13 February 1981;