Schanka v Employment National Administration Pty Ltd [1999] FCA 1812

Schanka v Employment National Administration Pty Ltd [1999] FCA 1812

There is insufficient basis to not inform members of the class of the proceedings and give them the chance to opt out as required under s 33X(1) Federal Court of Australia Act 1976, notwithstanding unresolved issues as to the Court's power to void AWA's or the alleged impact on industrial relations within the respondent company.

Jurisdiction
Australia
Judgment Date
21 December 1999
Procedural Posture
Class Action / Interlocutory Orders Regarding Notice to Class and Further Directions
Outcome
Interlocutory orders made; notice to be published to class; directions for further steps.
Legal Topics
['australian Workplace Agreements' 'duress in Employment Contracts' 's 170 WG Workplace Relations Act 1996' 'court Powers to Void Agreements']
['employment Law' 'class Actions'] ['australian Workplace Agreements' 'duress in Employment Contracts' 's 170 WG Workplace Relations Act 1996' 'court Powers to Void Agreements']

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Procedural Posture

Class Action / Interlocutory Orders Regarding Notice to Class and Further Directions

Legal Issues

  1. 1 ['Whether section 33X of the Federal Court of Australia Act 1976 requires publication of notice to class members in this case' 'Whether the Federal Court has power to void Australian Workplace Agreements allegedly entered into under duress in breach of s 170WG(1) of the Workplace Relations Act 1996' 'Whether notice to class members should be dispensed with given alleged adverse industrial relations impact']

Ratio Decidendi

There is insufficient basis to not inform members of the class of the proceedings and give them the chance to opt out as required under s 33X(1) Federal Court of Australia Act 1976, notwithstanding unresolved issues as to the Court's power to void AWA's or the alleged impact on industrial relations within the respondent company.

Court Disposition

Interlocutory orders made; notice to be published to class; directions for further steps.

Orders

  • ['A notice in the form of Annexure A to these reasons for judgment be published by 21 January 2000.' 'The notice be published by the applicants in a national daily newspaper, and by the respondent sending a copy to each office manager and posting on notice boards (or staff amenity room door if no notice board...