Keetley, G.W. v. Hill, A.J. [1985] FCA 485

eo CATCHHWORDS

Industrial Law - whether employer made false or misleading statement to an "authorized person" contrary to sub-s.126P(3) of Conciliation and Arbitration Act 1904 - statement made in answer to question "are employees required to work on weekends" -

ambiguity of the word "required" - whether mens rea established.

Conciliation and Arbitration Act 1907, sub-s.126P(3).

GRANT WINSTON KEETLEY v ANDREW JOHN HILL

' No. NTG3 of 1984

CORAM: Bowen C.J., Fox and Toohey JJ.

: 25 September 1985

Sydney.

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, IN THE FEDERAL COURT OF AUSTRALIA

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NORTHERN TERRITORY DISTRICT REGISTRY ) No. NIG 3 of 1984 ' ) INDUSTRIAL DIVISION )

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ON _APPEAL FROM THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY OF AUSTRALIA DISTRICT REGISTRY INDUSTRIAL DIVISION

- BETWEEN : GRANT WINSTON KEETLEY Appellant/Defendant AND:

ANDREW JOHN HILL

Respondent/Plaintiff

JUDGES MAKING ORDER: Bowen C.J., Fox and Toohey JJ. DATE OF ORDER ; 25 September 1985

WHERE ORDER MADE: Sydney MINUTE OF ORDER

THE COURT ORDERS THAT:

i. The appeal be dismissed.

NOTE: Settlement and entry of orders is dealt with in Order 36 of

the Federal Court Rules.

re

—

_IN_ THE FEDERAL COURT OF AUSTRALIA ) -

) - NORTHERN TERRITORY DISTRICT REGISTRY ) No. NIG 3 of 1984 See -

)

INDUSTRIAL DIVISION

'

ON- APPEAL FROM THE FEDERAL COURT OF AUSTRALIA NORTHERN TERRITORY OF AUSTRALIA DISTRICT REGISTRY INDUSTRIAL DIVISION

BETWEEN :

GRANT WINSTON KEETLEY Appellant/Defendant

AND:

ANDREW JOHN HILL Respondent/Plaintiff

CORAM: Bowen C.J., Fox and Toohey Jd.

DATE: 25 September 1985

PLACE: Darywin

REASONS FOR JUDGMENT

BOWEN C.J: Grant Winston Keetley ("Mr. Keetley") was charged

before the Federal Court of Australia in its Industrial Division with making a false or misleading statement to an authorised

person contrary to sub-s.126P(3) of the Conciliation and

Arbitration Act 1904 ("the Act"). He was convicted and fined