Glenn Jordan v Mornington Inn Proprietary Limited [2007] FCA 1384

FEDERAL COURT OF AUSTRALIA

Glenn Jordan v Mornington Inn Proprietary Limited [2007] FCA 1384

INDUSTRIAL LAW – Australian Workplace Agreements – employees entitled to Award conditions including penalty rates – proposed AWA providing for flexible hourly rate very similar to Award rate, but no penalty rates – employees threatened with loss of overtime shifts if they did not sign AWA – changing of rosters pursuant to threats – admission of liability for applying duress and injuring employees in their employment for a prohibited reason. Held: Penalties of $17,000 for each of ten contraventions

Workplace Relations Act 1996 (Cth) ss 167(2), 400(5), 407(2), 792(1), 793(1)(i), 807(2) 824, 826 Workplace Relations Amendment (Codifying Contempt Offences Act 2004 (Cth) Schedule 3 Crimes Act 1914 (Cth) s 4AA Carr v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2005] FCA 1802 cited Mill v The Queen (1988)166 CLR 59 cited Australian Competition and Consumer Commission v Leahy Petroleum Pty Ltd (No 2) (2005) 215 ALR 281 cited Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd (1997) 75 FCR 238cited Canturi v Sita Coaches Pty Ltd (2002) 116 FCR 276 cited R v Shannon (1979) 21 SASR 442 cited Joel v Morison (1834) 6 Car & P 502 cited Morris v C W Martin & Sons Ltd [1966] 1 QB 716 cited Meridian Global Funds Management Asia Ltd v Securities Commission [1995] 2 AC 500 cited New South Wales v Lepore (2003) 212 CLR 511 cited Warner K Sentencing in Tasmania (2nd edition, The Federation Press, 2002) GLENN JORDAN v MORNINGTON INN PTY LTD TAD37 OF 2006

HEEREY J

12 SEPTEMBER 2007

MELBOURNE (HEARD IN HOBART)

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY TAD37 OF 2006

BETWEEN: GLENN JORDAN

Applicant

AND: MORNINGTON INN PTY LTD