Schanka, Peter & Ors v Employment National (Administration) Pty Ltd [1998] FCA 1123

Schanka, Peter & Ors v Employment National (Administration) Pty Ltd [1998] FCA 1123

The proceedings should continue as representative proceedings for the time being, as the question of law concerning ENA's alleged application of duress in connection with AWAs can be addressed on a representative basis, subject to later determination if individual assessment becomes necessary; ENA's notice of motion for discontinuance under s 33N is dismissed and James Burns should be joined as an applicant, with final determination of standing reserved.

Parties
Applicant: Peter Schanka; Applicant: Erica Aldridge; Applicant: Robert Ashfield; Applicant: Richard Walden; Applicant: Community and Public Sector Union; Applicant: James Burns; Respondent: Employment National (Administration) Pty Ltd
Jurisdiction
Australia
Judgment Date
09 September 1998
Procedural Posture
Representative Proceedings / Ruling on Notice of Motion for Discontinuance as Representative Proceeding and Joinder/removal of Parties
Outcome
Partly granted and partly dismissed; proceedings to continue as representative proceedings; party changes ordered.
Legal Topics
Representative Proceedings, Duress in Employment Agreements, Australian Workplace Agreement, Standing Under Workplace Relations Act
Employment Law Practice and Procedure Representative Proceedings Duress in Employment Agreements Australian Workplace Agreement Standing Under Workplace Relations Act

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Parties

Peter Schanka

Applicant

Erica Aldridge

Applicant

Robert Ashfield

Applicant

Richard Walden

Applicant

Community and Public Sector Union

Applicant

James Burns

Applicant

Employment National (Administration) Pty Ltd

Respondent

Procedural Posture

Representative Proceedings / Ruling on Notice of Motion for Discontinuance as Representative Proceeding and Joinder/removal of Parties

Legal Issues

  1. 1 Whether the proceedings should continue as representative proceedings under Part VIA of the Federal Court of Australia Act 1976 (Cth)
  2. 2 Whether duress was applied in connection with an Australian Workplace Agreement under s 170WG Workplace Relations Act 1996
  3. 3 Who is a 'party' for standing under s 170VV Workplace Relations Act 1996

Ratio Decidendi

The proceedings should continue as representative proceedings for the time being, as the question of law concerning ENA's alleged application of duress in connection with AWAs can be addressed on a representative basis, subject to later determination if individual assessment becomes necessary; ENA's notice of motion for discontinuance under s 33N is dismissed and James Burns should be joined as an applicant, with final determination of standing reserved.

Court Disposition

Partly granted and partly dismissed; proceedings to continue as representative proceedings; party changes ordered.

Orders

  • Robert Ashfield removed as applicant
  • Proceedings relating to Community and Public Sector Union dismissed as disclosing no reasonable cause of action