Federal Court of Australia
Ned
"-
JUDGMENT No. ban e1.
CATCHWORDS
Industrial Law ~ award - breach - right to inspect time and wages record - whether power to make award - whether statutory right of entry exclusive - construction of award - conditions of exercise of right of inspection ~ whether general authority sufficient - whether notice and demand can be combined - whether implied right to enter premises - whether breaches proved - inference from conversations of refusal to produce records at any time during specified
hours.
Acts Interpretation Act 1901 ss.17, 22, 23(b) Conciliation and Arbitration Act 1904 ss.4(1), 119, 42A, 190
Northern Territory Meat Processing Award 1984 cll. 23, 25
MENELING STATION PTY. LTD v. AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION
No. 9 of 1987
Keely, Gray and Ryan JJ Melbourne 19 November 1987
'g re . vad
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. 9 of 1987
INDUSTRIAL DIVISION
ON APPEAL from a single Judge of the Federal Court of
Australia Between: MENELING STATION PTY. LTD. (Appellant) And: AUSTRALASIAN MEAT INDUSTRY
EMPLOYEES' UNION
(Respondent)
Coram: Keely, Gray and Ryan JJ.
Date: 19 November 1987
Place: Melbourne
MINUTE OF ORDER
THE COURT ORDERS THAT:
1. The Appeal is dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of
the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. 9 of 1987 ) )
INDUSTRIAL DIVISION
ON APPEAL from a single Judge of the Federal Court of
Australia
Between: MENELING STATION PTY. LTD. (Appellant)
And: AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION
(Respondent)
Coram: Keely, Gray and Ryan JJ. Date: 19 November 1987 Place: Melbourne
REASONS FOR JUDGMENT
THE COURT: By this appeal, the appellant seeks to set aside penalties imposed by Evatt J. pursuant to s.119 of the
Conciliation and Arbitration Act 1904 ("the Act") for four
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