Schanka v Employment National (Administration) Pty Ltd [1999] FCA 1334

FEDERAL COURT OF AUSTRALIA

Schanka v Employment National (Administration) Pty Ltd [1999] FCA 1334 INDUSTRIAL LAW – determination of preliminary question of law in representative proceedings – issue of proper interpretation of s 170WG(1) Workplace Relations Act 1996 (Cth) ("the WR Act") which proscribes certain conduct in connection with the making of an Australian Workplace Agreement (AWA) – determination of question against background where facts not agreed between the parties – meaning of "duress" in the context of the WR Act – whether "duress" should be treated as a technical legal term given its ordinary common law meaning – whether the term "AWA" in the context of s 170WG includes a proposed AWA – whether s 170WG should be given a broad or narrow construction. REPRESENTATIVE PROCEEDINGS – whether a particular applicant has standing to be joined as a party to the proceedings. WORDS & PHRASES – "duress" – "applied duress" Workplace Relations Act 1996 (Cth) ss 4, 170NC, 170NF, 170VA, 170VB, 170VF, 170VJ, 170VPA, 170VQ, 170VR, 170VV, 170VZ, 170WB, 170WC, 170WF, 170WG.

Bass v Permanent Trustee Co Ltd (1999) 161 ALR 399, referred to Yorke v Lucas (1985) 158 CLR 661, considered Crescendo Management v Westpac Banking Corporation (1988) 19 NSWLR 40, considered Smith v William Charlick Ltd (1924) 34 CLR 38, cited Barker v The Queen (1983) 153 CLR 338, cited Westpac v Cockerill (1996) 142 ALR 289, cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 153 ALR 490, considered Maritime Union of Australia v Geraldton Port Authority [1999] FCA 899, considered PETER SCHANKA & ORS v EMPLOYMENT NATIONAL (ADMINISTRATION) PTY LTD NG 461 of 1998 MOORE J 24 SEPTEMBER 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 461 of 1998

BETWEEN: PETER SCHANKA & ORS