Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rilstone v BP Australia Pty Ltd [2008] FCA 44
INDUSTRIAL LAW – alleged contravention of s 400(5) Workplace Relations Act 1996 (Cth) – allegation that employee placed under duress to sign AWA – claim not established on evidence – Held: dismissed. INDUSTRIAL LAW – alleged failure to comply with requirements of Division 12 Part 8 Chapter 2 Workplace Relations Regulations 2006 – limited submissions on proper construction of Regulations – full names and addresses not appearing on AWAs – intended operation of Regulations unclear – Held: No liability to penalty imposed by reg 8.11 – extent of obligation imposed on employer by reg 8.13(2) limited by reg 8.13(1). Workplace Relations Act 1996 (Cth) ss 167, 324, 340, 341, 342, 400, 407, 418 Workplace Relations Regulations 2006 regs 14.3, 14.4, 8.11, 8.12, 8.13, Div 12 of Part 8 of Chapter 2 Aronson M, Dyer B and Groves M, Judicial Review of Administrative Action 3rd Ed (Thomson Lawbook Co, 2004) INSPECTOR AARON RILSTONE (OFFICE OF WORKPLACE SERVICES) v BP AUSTRALIA PTY LTD (ACN 004 085 616) AND NO 1 RIVERSIDE QUAY PTY LTD (ACN 006 639 087) SAD 44 OF 2007
BRANSON J
1 FEBRUARY 2008
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY SAD 44 OF 2007
BETWEEN: INSPECTOR AARON RILSTONE (OFFICE OF WORKPLACE SERVICES)
Applicant
AND: BP AUSTRALIA PTY LTD (ACN 004 085 616)
First Respondent
NO 1 RIVERSIDE QUAY PTY LTD (ACN 006 639 087)
Second Respondent
JUDGE: BRANSON J
DATE OF ORDER: 1 FEBRUARY 2008
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The application be dismissed to the extent that it claims relief against the first respondent. 2. Subject to order 1, the matter be stood over to a date to be fixed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate