Nicol, D.A. v. Parr, D.B. [1985] FCA 176

Nicol, D.A. v. Parr, D.B. [1985] FCA 176

The inspector was acting within the scope of his duties, whether or not the company was bound by the award, and the defendant's refusal of access and requirement to leave the premises constituted obstruction within s.125(10)(a) of the Act.

Parties
Prosecutor: Daniel Anthony Nicol; Defendant: Denis Bruce Parr
Jurisdiction
Australia
Judgment Date
03 May 1985
Procedural Posture
Criminal Prosecution for Obstruction Under Industrial Law / Judgment After Hearing
Outcome
Defendant convicted and fined $300.
Legal Topics
Obstruction of Inspector, Interpretation of Industrial Award, Duties of Inspectors, Identification of Respondent in Award
Industrial Law Obstruction of Inspector Interpretation of Industrial Award Duties of Inspectors Identification of Respondent in Award

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Parties

Daniel Anthony Nicol

Prosecutor

Denis Bruce Parr

Defendant

Procedural Posture

Criminal Prosecution for Obstruction Under Industrial Law / Judgment After Hearing

Legal Issues

  1. 1 Whether Warwick Pig Meats Pty Ltd was a respondent to the Pig Breeding and Raising Award 1977
  2. 2 Whether the inspector was acting within the scope of his duties under the Conciliation and Arbitration Act 1904
  3. 3 Whether the defendant's conduct constituted obstruction under s.125(10)(a) of the Act

Ratio Decidendi

The inspector was acting within the scope of his duties, whether or not the company was bound by the award, and the defendant's refusal of access and requirement to leave the premises constituted obstruction within s.125(10)(a) of the Act.

Court Disposition

Defendant convicted and fined $300.

Orders

  • The defendant be convicted and fined $300.