Australasian Meat Industry Employees Union v Sunland Enterprises Pty Ltd & Ors v. [1987] FCA 787

JUDGMENT No. 707 @°?

CATCHWORDS Criminal Law and Procedure - information and summons - whether duplicity, ambiguity or uncertainty - amerdment -

Limitation period expired - whether injustice to defendart

Practice and Procedure - Federal Court Rules - amendment -

whether provis.ons applicable 11 criminal proceecings.

e

Industrial Law - employer and employee - i:smissai ty r2ason

of proser Ded circumstances - foom of allegat.on Pal

information and summons.

Conciliation and Arbitration Act 1904 3s. S(lifta' (fi,

(LA) (a)(t), f4) oan - / ' . far 7 , N Crimes Act 1914 ss. 21(1) (ce), 21AC2* /-' woe \

Federal Tourt Ruies 0.13 R.2.

AUSTRALASTAN MEAT INDUSTRY EMPLOYEES UNION v SUNLAND ER

ENTERPRISES PTY. UTD. , HEATH DAWN ALDOUS AND DONALD CHARLES

ALDOUS

Nos. I30, I31, 133, 134, I36, I37, 138, 139, 140, I4l, 142, T43, 144, 145, I50, I51, 152 and [53 of 1987

Gray J.

BRISBANE

8TH DECEMBER 1987

IN THE FEDERAL COURT OF AUSTRALIA

) ) QUEENSLAND DISTRICT REGISTRY ) Nos. 130, I31, 133, 134, 136, ) )

I37, 138, 239, I40, I41, 242, INDUSTRIAL DIVISION T43, 144, 145, 250, [51, 152

and 153 of 1987

AUSTRALASTAN MEAT INDUSTRY EMPLOVEES "JNZION

Prosecutor and SUNLAND ENTERPRISES PTY. LTD., HEATHER DAWN ALDOUS and DONALD CHARLES ALDOUS Defendants

REASONS FOR JUDGMENT?

JUDGE: Gray J.

DATE: 8th December 1987

PLACE: Brisbane

Twenty-four informations were called on for trial on 7th December 1987. Three defendants are involved, each being the subject of eight informations. The defendants are a company, now known a5 Sunland Enterprises Pty. Ltd., formerly as Aidous Investments Pty.

Ltd., Heather Dawn Aldous and Donald Charles Aldous. Each defendant

3)

is alleged to trade under the name "Suniand Wholesale Meats". ach information alleges that the defendant concerned has committed an offence against s.5 of the Conciliation and Arbitration Act 1904 ("the Act") in relation to a particular employee. Eight employees are