Canturi v Sita Coaches Pty Ltd (ACN 004 444 900) [2002] FCA 349

Canturi v Sita Coaches Pty Ltd (ACN 004 444 900) [2002] FCA 349

The respondents, by depriving the applicants of preferred work and overtime and inflicting financial detriment due to their refusal to sign AWAs, applied illegitimate pressure constituting duress in connection with a proposed AWA (contrary to s 170WG(1)), and further injured the applicants in their employment and altered their positions to their prejudice for a prohibited reason (entitlement to benefit of the Award, contrary to s 298K(1)). The proper course is to impose a single penalty under s 298U, reflecting both the gravity of conduct and compensatory considerations, and order its payment to the applicants. Applications otherwise dismissed.

Parties
Applicant: Michael Canturi; Applicant: Francesco Napoli; First Respondent: Sita Coaches Pty Ltd (ACN 004 444 900); Second Respondent: Giuseppe Sita; Third Respondent: Sita Bus Lines Pty Ltd (ACN 004 492 719)
Jurisdiction
Australia
Judgment Date
27 March 2002
Procedural Posture
Civil / Judgment
Outcome
Penalty imposed for contravention of s 298K(1) (and not s 170WG(1)), paid to applicants; other relief denied; applications otherwise dismissed.
Legal Topics
Duress and Australian Workplace Agreements, Freedom of Association, Injuring Employee in Employment, Alteration of Employment to Detriment, Standing to Bring Penalty Applications, Application of Penalty for Contravention, Estoppel and Industrial Instruments, Joint Venture and Successor Employer Issues, Duplicity of Proceedings, Assessment and Disposition of Statutory Penalties
Industrial Law Employment Law Duress and Australian Workplace Agreements Freedom of Association Injuring Employee in Employment Alteration of Employment to Detriment Standing to Bring Penalty Applications Application of Penalty for Contravention +4 more

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Parties

Michael Canturi

Applicant

Francesco Napoli

Applicant

Sita Coaches Pty Ltd (ACN 004 444 900)

First Respondent

Giuseppe Sita

Second Respondent

Sita Bus Lines Pty Ltd (ACN 004 492 719)

Third Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether application for penalty under s 170WG(1) may be brought by employee who is a party to a proposed AWA
  2. 2 What constitutes duress in connection with an Australian Workplace Agreement (AWA)
  3. 3 Whether the conduct of the respondents constituted duress in connection with an AWA

Ratio Decidendi

The respondents, by depriving the applicants of preferred work and overtime and inflicting financial detriment due to their refusal to sign AWAs, applied illegitimate pressure constituting duress in connection with a proposed AWA (contrary to s 170WG(1)), and further injured the applicants in their employment and altered their positions to their prejudice for a prohibited reason (entitlement to benefit of the Award, contrary to s 298K(1)). The proper course is to impose a single penalty under s 298U, reflecting both the gravity of conduct and compensatory considerations, and order its payment to the applicants. Applications otherwise dismissed.

Court Disposition

Penalty imposed for contravention of s 298K(1) (and not s 170WG(1)), paid to applicants; other relief denied; applications otherwise dismissed.

Orders

  • Penalty of $7,000 imposed on Sita Coaches Pty Ltd in favour of Canturi, to be paid within 21 days to the applicant's solicitors.
  • Penalty of $7,000 imposed jointly and severally on Sita Coaches Pty Ltd and Sita Bus Lines Pty Ltd in favour of Napoli, to be paid within 21 days to the applicant's solicitors.