Schanka v Employment National (Administration) Pty Limited [2001] FCA 1623

FEDERAL COURT OF AUSTRALIA

Schanka v Employment National (Administration) Pty Limited [2001] FCA 1623

INDUSTRIAL LAW – Australian Workplace Agreement ("AWA") – duress – power to declare void an AWA – penalty – number of contraventions STATUTORY INTERPRETATION – extrinsic material – amendments to Workplace Relations and Other Legislation Amendment Bill 1996 (Cth) in Senate – "agreement" between Commonwealth Government and Australian Democrats on Bill PRACTICE AND PROCEDURE – representative proceeding – notice to group members – whether a notice should issue informing group members of the publication of reasons for judgment and inviting submissions on the further conduct of the representative proceeding Zhang v Minister for Immigration, Local Government & Ethnic Affairs (1993) 45 FCR 384 referred to Wong v Silkfield Pty Ltd (1999) 199 CLR 255 referred to Johnson Tiles Pty Ltd v Esso Australia Limited [1999] FCA 56 referred to Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 referred to Josephson v Walker (1918) 18 CLR 691 referred to Barwick v Law Society of New South Wales (2000) 169 ALR 236 referred to Cardile v LED Builders Pty Ltd (1999) 198 CLR 380 referred to Thomson Australian Holdings Pty Ltd v Trade Practices Commission (1981) 148 CLR 150 Community & Public Sector Union v Telstra Corporation Limited [2001] FCA 1364 referred to 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 15 NOVEMBER 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