Qantas Airways Limited v Flight Attendants' Association of Australia (The JobKeeper Case) [2020] FCA 1365

Qantas Airways Limited v Flight Attendants' Association of Australia (The JobKeeper Case) [2020] FCA 1365

Section 789GDA(2)(b) means that the relevant comparison is between the JobKeeper payment and the amount contractually or otherwise payable to the employee during the particular fortnight for work actually performed during that same fortnight. Amounts paid or payable in that fortnight for work performed in a different fortnight are excluded from s 789GDA(2)(b). Neither Qantas' construction based on amounts paid during the fortnight for work performed whenever, nor the Unions' construction based on amounts earned during the fortnight regardless of when payable, was accepted.

Jurisdiction
Australia
Judgment Date
24 September 2020
Procedural Posture
Declaratory Relief Proceedings Concerning Interpretation and Application of the Job Keeper Scheme / Judgment After Hearing
Outcome
Declaratory relief should be granted to give effect to the construction of s 789GDA(2)(b); short minutes of orders were directed.
Legal Topics
['commonwealth Job Keeper Scheme' 'fair Work Act 2009 (cth) Pt 6 4 C' 'minimum Payment Guarantee' 'wage Condition' 'amounts Payable to Employees for Work Performed During a Fortnight']
['industrial Law' 'employment and Industrial Relations' 'statutory Interpretation'] ['commonwealth Job Keeper Scheme' 'fair Work Act 2009 (cth) Pt 6 4 C' 'minimum Payment Guarantee' 'wage Condition' 'amounts Payable to Employees for Work Performed During a Fortnight']

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Procedural Posture

Declaratory Relief Proceedings Concerning Interpretation and Application of the Job Keeper Scheme / Judgment After Hearing

Legal Issues

  1. 1 ['What is the correct construction and application of s 789GDA(2)(b) of the Fair Work Act 2009 (Cth), especially the phrase "the amounts payable to the employee in relation to the performance of work during the fortnight".' 'Whether amounts paid during a JobKeeper fortnight for work performed in an earlier fortnight count as amounts payable in relation to the performance of work during the JobKeeper fortnight.' 'Whether s 789GDA(2)(b) refers to amounts paid in the fortnight, amounts earned in the fortnight regardless of payment timing, or amounts contractually or otherwise payable in the same fortnight for work performed in that fortnight.']

Ratio Decidendi

Section 789GDA(2)(b) means that the relevant comparison is between the JobKeeper payment and the amount contractually or otherwise payable to the employee during the particular fortnight for work actually performed during that same fortnight. Amounts paid or payable in that fortnight for work performed in a different fortnight are excluded from s 789GDA(2)(b). Neither Qantas' construction based on amounts paid during the fortnight for work performed whenever, nor the Unions' construction based on amounts earned during the fortnight regardless of when payable, was accepted.

Court Disposition

Declaratory relief should be granted to give effect to the construction of s 789GDA(2)(b); short minutes of orders were directed.

Orders

  • ['In matter NSD 783 of 2020: The parties are to bring in Short Minutes of Orders to give effect to these reasons within 14 days.' 'In matter NSD 808 of 2020: The parties are to bring in Short Minutes of Orders to give effect to these reasons within 14 days.']