Australian Food Corporation Pty Limited ACN 077 256 430 v Australasian Meat Industry Employees Union [2001] FCA 513

FEDERAL COURT OF AUSTRALIA

Australian Food Corporation Pty Limited ACN 077 256 430 v Australasian Meat Industry Employees Union [2001] FCA 513 AUSTRALIAN FOOD CORPORATION PTY LIMITED ACN 077 256 430 v AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION Q 75 OF 2000 DOWSETT J 4 MAY 2001 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 75 OF 2000

BETWEEN: AUSTRALIAN FOOD CORPORATION PTY LIMITED ACN 077 256 430

APPLICANT

AND: AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION

RESPONDENT

JUDGE: DOWSETT J

DATE OF ORDER: 4 MAY 2001

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The appeal is allowed. 2. The orders of the industrial magistrate made on 7 July 2000 be set aside. 3. The complaint be dismissed Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 75 OF 2000

BETWEEN: AUSTRALIAN FOOD CORPORATION PTY LIMITED ACN 077 256 430

APPLICANT

AND: AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION

RESPONDENT

JUDGE: DOWSETT J

DATE: 4 MAY 2001

PLACE: BRISBANE

REASONS FOR JUDGMENT 1 This is an appeal pursuant to s 422 of the Workplace Relations Act 1996 (Cth) (the "Commonwealth Act") against a decision of an industrial magistrate of the State of Queensland exercising jurisdiction conferred by s 285F of that Act which provides: (1) In this section: "eligible court" means: (a) the Federal Court of Australia; or (b) a District, County or Local Court; or (c) a magistrate's court. "penalty provision" means subsection 285A(5) or 285E(1), (2), (3) or (4). (2) If a person contravenes a penalty provision, the contravention is not an offence. However, an eligible court may make an order imposing a penalty on a person who contravenes a penalty provision. (3) The penalty cannot be more than $10,000 for a body corporate or $2,000 in other cases. (4) An application for an order under subsection (2) may be made by any person. (5) An eligible court may grant an injunction requiring a person not to contravene, or to cease contravening, a penalty provision. 2 In s 4 of the Commonwealth Act, the term "magistrate's court" is defined to mean: (a) a court constituted by a police, stipendiary or special magistrate; or (b) a court constituted by an industrial magistrate who is also a police, stipendiary or special magistrate. (c) (repealed). 3 The proceedings in question were to recover a penalty for an alleged breach of subs 285E(2) of the Commonwealth Act which relevantly provides: The occupier of premises must not refuse or unduly delay entry to the premises by a person entitled to enter the premises under section 285B or 285C. 4 Entitlement to enter was claimed pursuant to s 285B which authorizes entry to premises during working hours by certain persons for the purpose of investigating suspected breaches of the Commonwealth Act or of an award, order of the Commission or certified agreement. Thus it was alleged that contrary to subs 285E(2) the applicant, as occupier of premises, refused entry to those premises by one Brian Patrick Crawford who was entitled to such entry pursuant to s 285B. Mr Crawford was the assistant secretary of the Queensland branch of the respondent. The industrial magistrate found that such contravention was established on the balance of probabilities and imposed a penalty of $1,500 of which $200 was to be paid to the respondent. 5 The applicant has argued the following grounds of appeal: · that the jurisdiction of the Industrial Magistrates Court was not properly invoked so that the Court had no jurisdiction to entertain the proceedings; · that the industrial magistrate erred in finding that the applicant was the occupier of the relevant premises; and · that the industrial magistrate erred in finding that Mr Crawford had sought entry to the premises "during working hours" as required by subs 285B(2);