McLennan v Surveillance Australia Pty Ltd [2005] FCAFC 46

McLennan v Surveillance Australia Pty Ltd [2005] FCAFC 46

The bond agreement attempted to vary the appellant's Australian Workplace Agreement in a way that imposed additional burdens relating to employment matters addressed by the AWA. As such variation was not approved according to the procedures required by the Workplace Relations Act 1996 (Cth), the agreement was unenforceable, and the appellant was not liable under its terms.

Parties
Appellant: Bridie McLennan; Respondent: Surveillance Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
24 March 2005
Procedural Posture
Appeal / Judgment on Appeal From Magistrates Court of South Australia
Outcome
appeal allowed
Legal Topics
Australian Workplace Agreements, Variation Agreements, Approval Requirements, Statutory Interpretation, Employment Contract Enforcement
Employment Law Workplace Relations Australian Workplace Agreements Variation Agreements Approval Requirements Statutory Interpretation Employment Contract Enforcement

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Parties

Bridie McLennan

Appellant

Surveillance Australia Pty Ltd

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Magistrates Court of South Australia

Legal Issues

  1. 1 Whether a bond agreement varying an Australian Workplace Agreement (AWA) is unenforceable if not submitted to and approved by the Employment Advocate under the Workplace Relations Act 1996 (Cth)
  2. 2 Whether such a variation requires approval as a variation agreement under the Act

Ratio Decidendi

The bond agreement attempted to vary the appellant's Australian Workplace Agreement in a way that imposed additional burdens relating to employment matters addressed by the AWA. As such variation was not approved according to the procedures required by the Workplace Relations Act 1996 (Cth), the agreement was unenforceable, and the appellant was not liable under its terms.

Court Disposition

appeal allowed

Orders

  • The appeal be allowed.
  • The orders of the Magistrate of 20 May 2004 and 2 July 2004 be set aside.