Shannon v Transfield Worley [2001] FCA 527

FEDERAL COURT OF AUSTRALIA

Shannon v Transfield Worley [2001] FCA 527

PRACTICE AND PROCEDURE – INDUSTRIAL LAW – EQUAL OPPORTUNITY –motion to amend statement of claim – respondents opposed motion – one issue raised by applicant was whether his employment was terminated for a statutorily prohibited reason – applicant sought to plead that first respondent (employer) terminated applicant's employment on instructions from second respondent (its principal) on basis that second respondent's reasons were to be taken to be the reasons for that termination – applicant conceded that first respondent itself did not actually hold any prohibited reasons for terminating his employment – sought to contend that it was sufficient that second respondent issued instructions for reasons which, if second respondent were his employer, would be prohibited reasons – applicant eschewed any reliance, in relation to first respondent's purpose, on statutory presumption of purpose – whether applicant's proposition of law reasonably arguable – second issue was whether reasonably arguable that "political conviction" in Equal Opportunity legislation extends to beliefs in relation to certain rights and obligations of employees and employers.

Workplace Relations Act 1996 (Cth), ss 298K, 298L(1) Maritime Union of Australia v Geraldton Port Authority (1999) 93 FCR 34referred to AWU v John Holland Pty Ltd [2001] FCA 93referred to Wood v Lord Mayor, Councillors and Citizens of the City of Melbourne (1979) 41 FLR 1 referred to General Motors Holden Pty Ltd v Bowling (1976) 12 ALR 605 referred to General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 applied Webster v Lampard (1993) 177 CLR 598 applied Hospitals Contribution Fund of Australia v Hunt (1982) 44 ALR 365 referred to Middleton v Western Australia (1992) 8 WAR 256 referred to Dey v Victorian Railways Commissioners (1949) 78 CLR 62 applied Burton v Shire of Bairnsdale (1908) 7 CLR 76 referred to Ralph M Lee (W.A.) Pty Ltd v Fort (1991) 4 WAR 176 referred to Theophanous v The Herald & Weekly Times Ltd (1994) 182 CLR 104 referred to Stephens v West Australian Newspapers Ltd (1994) 182 CLR 211 referred to