Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fair Work Ombudsman v National Jet Systems Pty Ltd [2012] FCA 243 Citation: Fair Work Ombudsman v National Jet Systems Pty Ltd [2012] FCA 243
Appeal from: Crosthwaite v National Jet Systems Pty Ltd (No. 4) [2010] FMCA 965
Parties: FAIR WORK OMBUDSMAN v NATIONAL JET SYSTEMS PTY LTD
File number: WAD 34 of 2011
Judge: BUCHANAN J
Date of judgment: 16 March 2012
Catchwords: INDUSTRIAL LAW – Australian Workplace Agreements – duress – conduct negating effective or real choice – application of pressure by unlawful, unconscionable or illegitimate means
Legislation: Workplace Relations Act 1996 (Cth)
Cases cited: ACCC v C G Berbatis Holdings Pty Ltd (2003) 214 CLR 51 Barton v Armstrong [1976] AC 104 Canturi v Sita Coaches Pty Ltd (2002) 116 FCR 276 Crescendo Management Pty Ltd v Westpac Banking Corporation (1988) 19 NSWLR 40 Finance Sector Union of Australia v Commonwealth Bank of Australia (2000) 106 FCR 16 Granada Tavern v Smith [2008] FCA 646 National Union of Workers v Qenos Pty Ltd (2001) 108 FCR 90 Pao On v Lau Yiu Long [1980] AC 614 Schanka v Employment National (Administration) Pty Ltd (1999) 166 ALR 663 Seven Network (Operations) Ltd v Communications, Electrical, Electronic, Energy Information, Postal, Plumbing and Allied Services Union (2001) 109 FCR 378 Universe Tankships Inc of Monrovia v International Transport Workers Federation [1983] 1 AC 366 Westpac Banking Corporation v Cockerill (1998) 152 ALR 267 Williams v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2010] FCA 754 Williams v Construction, Forestry, Mining and Energy Union [2009] FCA 223
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