Media Entertainment and Arts Alliance v Advertiser Newspapers Limited [1996] IRCA 524

Media Entertainment and Arts Alliance v Advertiser Newspapers Limited [1996] IRCA 524

Although the Court was satisfied that Galligan intentionally hindered and obstructed Wortley from entering the premises, the Union failed to prove beyond reasonable doubt that the entry and inspection were sought for the statutory purpose of ensuring observance of the Award. There was a real prospect that the Union sought to inspect the contracts to ascertain their terms in the context of an industrial dispute and member resignations, which was not a purpose sanctioned by s286. An element of the offences was therefore not established.

Jurisdiction
Australia
Judgment Date
01 November 1996
Procedural Posture
Prosecution Alleging Breach of S306(a) of the Industrial Relations Act 1988 / Reasons for Judgment After Hearing
Outcome
The charge against the Company was dismissed.
Legal Topics
['right of Entry' 'inspection of Documents' 'hindering or Obstructing Union Officials' 'purpose of Ensuring Observance of an Award' 'amendment of Information']
['industrial Law' 'criminal Offences Under Industrial Legislation'] ['right of Entry' 'inspection of Documents' 'hindering or Obstructing Union Officials' 'purpose of Ensuring Observance of an Award' 'amendment of Information']

Case Brief

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Procedural Posture

Prosecution Alleging Breach of S306(a) of the Industrial Relations Act 1988 / Reasons for Judgment After Hearing

Legal Issues

  1. 1 ['Whether the Company hindered or obstructed Union officers in inspecting documents under s286(1) of the Industrial Relations Act 1988.' "Whether delaying or refusing access to the building hindered or obstructed the Union officers' right to enter." 'Whether the prosecutor proved that documents of the type sought to be inspected were on the premises.' 'Whether the asserted right of entry and inspection was exercised for the purpose of ensuring observance of the Journalists (Metropolitan Daily Newspapers) Award 1991.']

Ratio Decidendi

Although the Court was satisfied that Galligan intentionally hindered and obstructed Wortley from entering the premises, the Union failed to prove beyond reasonable doubt that the entry and inspection were sought for the statutory purpose of ensuring observance of the Award. There was a real prospect that the Union sought to inspect the contracts to ascertain their terms in the context of an industrial dispute and member resignations, which was not a purpose sanctioned by s286. An element of the offences was therefore not established.

Court Disposition

The charge against the Company was dismissed.

Orders

  • ['The charge is dismissed.']