Bishop v Ropolo Services Pty Ltd [2006] FCA 592

Bishop v Ropolo Services Pty Ltd [2006] FCA 592

The respondent did not apply duress to the applicant in connection with an AWA. The applicant had no legal right or protected legitimate expectation to permanent appointment as Site Supervisor when the respondent introduced its general policy that new permanent promotional appointments would be subject to an AWA. The acting arrangement was temporary, the applicant's substantive Groundsman position was not threatened or impaired, and informing him that he would not obtain the permanent promotion unless he signed the AWA merely stated the consequences of the respondent's lawful policy rather than applying illegitimate pressure. Any apparent salary reduction under the proposed AWA was...

Jurisdiction
Australia
Judgment Date
19 May 2006
Procedural Posture
Application Under S 170 VV of the Workplace Relations Act 1996 (cth) Seeking a Penalty for Alleged Contravention of S 170 Wg(1) / Final Judgment
Outcome
Application dismissed; no order as to costs.
Legal Topics
['australian Workplace Agreement' 'duress' 'promotion Conditional on Entry Into Awa' 'section 170 Wg(1) of the Workplace Relations Act 1996 (cth)' 'illegitimate Pressure']
['industrial Law' 'workplace Relations'] ['australian Workplace Agreement' 'duress' 'promotion Conditional on Entry Into Awa' 'section 170 Wg(1) of the Workplace Relations Act 1996 (cth)' 'illegitimate Pressure']

Case Brief

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Procedural Posture

Application Under S 170 VV of the Workplace Relations Act 1996 (cth) Seeking a Penalty for Alleged Contravention of S 170 Wg(1) / Final Judgment

Legal Issues

  1. 1 ['Whether the respondent applied duress to the applicant in connection with an Australian Workplace Agreement contrary to s 170WG(1) of the Workplace Relations Act 1996 (Cth).' 'Whether making the permanent Site Supervisor position conditional on signing an AWA amounted to illegitimate pressure where the applicant had been acting in that position.' "Whether the respondent's conduct was in connection with an AWA for the purposes of s 170WG(1)."]

Ratio Decidendi

The respondent did not apply duress to the applicant in connection with an AWA. The applicant had no legal right or protected legitimate expectation to permanent appointment as Site Supervisor when the respondent introduced its general policy that new permanent promotional appointments would be subject to an AWA. The acting arrangement was temporary, the applicant's substantive Groundsman position was not threatened or impaired, and informing him that he would not obtain the permanent promotion unless he signed the AWA merely stated the consequences of the respondent's lawful policy rather than applying illegitimate pressure. Any apparent salary reduction under the proposed AWA was...

Court Disposition

Application dismissed; no order as to costs.

Orders

  • ['The application be dismissed.' 'There be no order as to costs.']