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

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

The respondent, through Mr Barry and other representatives, deliberately used roster manipulation and threats of reduced hours to pressure vulnerable casual employees to sign AWAs that were plainly less beneficial than their preserved Award entitlements. Mr Barry acted within the scope of his authority and his...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
12 September 2007
Procedural Posture
Industrial Law Civil Penalty Proceeding Under the Workplace Relations Act 1996 (cth) / Reasons for Judgment on Penalties and Declarations After Respondent Admitted Liability
Outcome
Declarations made and civil penalties imposed.
Legal Topics
['australian Workplace Agreements' 'duress in Connection With Awas' 'injury in Employment for Prohibited Reason' 'award Entitlements and Penalty Rates' 'attribution of Employee Conduct to Corporation' 'general Deterrence' 'totality Principle']
['industrial Law' 'workplace Relations' 'civil Penalties'] ['australian Workplace Agreements' 'duress in Connection With Awas' 'injury in Employment for Prohibited Reason' 'award Entitlements and Penalty Rates' 'attribution of Employee Conduct to Corporation' 'general Deterrence' 'totality Principle']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Industrial Law Civil Penalty Proceeding Under the Workplace Relations Act 1996 (cth) / Reasons for Judgment on Penalties and Declarations After Respondent Admitted Liability

Legal Issues

  1. 1 ['Whether the respondent contravened s 400(5) of the Workplace Relations Act 1996 (Cth) by applying duress to employees to sign Australian Workplace Agreements.' 'Whether the respondent contravened s 792 of the Workplace Relations Act 1996 (Cth) by injuring employees in their employment or altering their position to their prejudice for a prohibited reason.' 'Whether the conduct concerning Sharon Ann Thompson constituted one course of conduct or six separate contraventions.' 'What penalties should be imposed for the admitted contraventions.']

Ratio Decidendi

The respondent, through Mr Barry and other representatives, deliberately used roster manipulation and threats of reduced hours to pressure vulnerable casual employees to sign AWAs that were plainly less beneficial than their preserved Award entitlements. Mr Barry acted within the scope of his authority and his conduct was the conduct of the respondent. The conduct concerning Ms Thompson involved separate episodes and therefore separate contraventions. Given the deliberate policy, seriousness of the conduct, need for general deterrence, limited mitigation for the late admission, and no further discount required by totality, penalties of $17,000 for each of ten contraventions were appropriate.

Court Disposition

Declarations made and civil penalties imposed.

Orders

  • ['Declared that on or around 14 July 2006 the respondent contravened s 400(5) of the Workplace Relations Act 1996 (Cth) in respect of Alice Louise Bruce.' 'Declared that on 14 July 2006 the respondent contravened s 400(5) of the Act in respect of Debby Maree Hyland.' 'Declared that on or around 10 July 2006 the...