Australian Services Union v Electrix Pty Ltd

The Australian Services Union (ASU) filed an application against Electrix Pty Ltd, asserting that the latter had contravened section 170WG(1) of the Workplace Relations Act 1996 (Cth) by applying duress to meter readers intending to employ them on the condition that they sign an Australian Workplace Agreement (AWA). The matter was heard by the Federal Court of Australia, where the ASU sought interlocutory relief in the form of an injunction and declaration, arguing that Electrix's actions amounted to duress contrary to the statutory provisions.

The primary legal issues that the court had to address were whether Electrix had indeed applied duress to the meter readers by conditioning employment on the signing of an AWA and whether section 170WG(1) of the Act should be construed with regard to extrinsic material. The court also had to consider the balance of convenience in granting the interlocutory relief sought by the ASU.

The court found that there was a serious issue to be tried regarding whether Electrix had contravened section 170WG(1) of the Act. The court noted that if the allegations were proven at trial, it would mean that Electrix had applied duress by conditioning employment on the signing of an AWA, which was contrary to the statutory provisions. The court held that regard should be had to extrinsic material in construing section 170WG(1) of the Act, as it would provide context to the intention of the legislation. The balance of convenience also favoured granting the interlocutory relief to the ASU, as the potential harm to the meter readers if they were denied employment outweighed the potential harm to Electrix if the injunction was granted. Consequently, the court made the interlocutory orders sought by the ASU, restraining Electrix from requiring any prospective employee to agree to an AWA as a condition of employment.