Schanka v Employment National (Administration) Pty Limited [2001] FCA 579

FEDERAL COURT OF AUSTRALIA

Schanka v Employment National (Administration) Pty Limited [2001] FCA 579

INDUSTRIAL LAW – representative proceeding – Australian Workplace Agreements ("AWAs") – duress – illegitimate pressure – abolition of Commonwealth Employment Service ("CES") – creation of competitive market for provision of employment placement services – offer of employment to employees of CES by company formed by Commonwealth to participate in employment placement services market – offer conditional on entry into AWA WORDS AND PHRASES – "duress"

Workplace Relations Act 1996 (Cth) s 170WG(1) Public Service Act 1922 (Cth) s 81C

Schanka v Employment National (Administration) Pty Ltd (1999) 166 ALR 663 followed Schanka v Employment National (Administration) Pty Ltd (2000) 97 FCR 186 followed Maritime Union of Australia v Burnie Port Corporation Pty Ltd (2000) 101 IR 435 distinguished PETER SCHANKA, ERICA ALDRIDGE, RICHARD WALDEN AND JAMES BURNS v EMPLOYMENT NATIONAL (ADMINISTRATION) PTY LIMITED (ACN 080 046 411) NG 461 OF 1998 MOORE J 18 MAY 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 461 OF 1998

BETWEEN: PETER SCHANKA

FIRST APPLICANT

ERICA ALDRIDGE

SECOND APPLICANT

RICHARD WALDEN

THIRD APPLICANT

JAMES BURNS

FOURTH APPLICANT

AND: EMPLOYMENT NATIONAL (ADMINISTRATION) PTY LIMITED (ACN 080 046 411)

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 18 MAY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The parties prepare and serve short minutes of orders to give effect to these reasons within seven days. 2. The application be stood over until 9.00am Friday 1 June 2001 or such other time as the Court may direct. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.