Federal Court of Australia
_ Not for distribution
_ JUDGMENT No. \42S/ BS
= et Sesteraneht
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QLD. NO. Q9 of 1987
INDUSTRIAL DIVISION
BETWEEN:
DARYL ROY CLAFFEY
Prosecutor AND: RONALD DEAN DAVY
Defendant
SPENDER J. BRISBANE
4 MARCH 1988.
EXTEMPORE REASONS FOR JUDGMENT
Ronald Dean Davy has' pleaded not guilty to an information that on oor about 10 December 1986 at 77 Drayton Street, Dalby, he was guilty of an offence against s.125(10)(b)
of the Conciliation and Arbitration Act 1904 as amended ("the
Act") in that:_
"...the said RONALD DEAN DAVY being a person having \ the custody of, or access to books or documents \relevant to the purpose of the observance of the aid Act or an Award and being a director of AFOLA PTY LTD (trading as the Criterion Hotel, Balby) a respondent to the Hotels and Retail Equor Industry Award 1983 did, in contravention Section 125(7)(a) of the said Act, fail without
Vad RT
reasonable excuse to comply with a notice in writing requiring the production for inspection of all time and wage records relating to all persons employed by the Company in connection with the said Hotel between and including 4 November 1983 to 10 December 1986."
Mr. Davy is a director and manager of a company, Skafola Pty.Ltd., which at all relevant times operated the Criterion Hotel at 77 Drayton Street, Dalby. The affidavit material filed and relied on by the prosecution suggests a series of serious difficulties encountered by inspectors under the Conciliation and Arbitration Act in respect of time and wages records over quite
an extended period.
At the hearing of this information, Mr. Watson of counsel, who appeared for Mr. Davy, submitted there were fatal defects in the notice issued to Mr. Davy in purported reliance on
the obligations imposed under s.125(7) of the Conciliation and
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