Canturi v Sita Coaches Pty Ltd (ACN 004 444 900) [2002] FCA 349

FEDERAL COURT OF AUSTRALIA

Canturi v Sita Coaches Pty Ltd (ACN 004 444 900) [2002] FCA 349

INDUSTRIAL LAW - Australian Workplace Agreement ("AWA") - Duress - Requirement that application for a penalty be made by a party to the AWA - Whether includes a party to a proposed AWA - Whether an AWA has to be concluded before duress can be applied in connection with it - Whether applicant has to be a party to an actual or proposed AWA at date of application - Whether actual or proposed AWA must stipulate a date on which it is to start to operate in order for there to be parties to the AWA - What constitutes duress - Whether duress has in fact to overbear the will of the person to whom it is applied - Freedom of association - Injuring an employee in his employment or altering his employment to his detriment because he is entitled to the benefit of an industrial instrument - Whether industrial instrument must bind employer in respect of the employee concerned - Only one of two possible employers bound as named respondent to relevant industrial instrument - Whether other related employer estopped from denying that it was bound by the industrial instrument - Whether joint venture or other relationship between two employers makes one the successor or transmittee of part of the business of the other - Same conduct constituting application of duress in connection with an AWA and injuring employee in employment because he was entitled to the benefit of an industrial instrument - Whether proceedings bad for duplicity - Whether same conduct attracts liability for two different penalties - Penalty - Assessment where same conduct constitutes a contravention of two different statutory provisions - Matters to be taken into account - Whether order should be made for payment of penalty to individual applicant - Whether penalty for contravention of Pt XA should include amount in lieu of compensation under s 298U(c).