Qantas Airways Limited v Australian and International Pilots Association (No 3) [2024] FCA 1092

Qantas Airways Limited v Australian and International Pilots Association (No 3) [2024] FCA 1092

Neither party engaged in conduct satisfying the threshold for awarding costs under s 570(2) of the Fair Work Act 2009 (Cth): Qantas's refusal to accept the Calderbank offer was not unreasonable, and the cross-claim of AIPA was not instituted without reasonable cause. Thus, both applications for costs were dismissed.

Parties
Applicant, Cross Respondent: Qantas Airways Limited; Respondent, Cross Claimant: Australian and International Pilots Association
Jurisdiction
Australia
Judgment Date
19 September 2024
Procedural Posture
Applications for Costs / Post Judgment (costs Applications After Substantive Dismissal of Main Claim and Cross Claim)
Outcome
Both applications for costs dismissed.
Legal Topics
Costs in Fair Work Matters, Calderbank Offers, S 570 Fair Work Act, Reasonableness of Instituting or Continuing Proceedings
Employment Law Industrial Relations Costs Costs in Fair Work Matters Calderbank Offers S 570 Fair Work Act Reasonableness of Instituting or Continuing Proceedings

Case Brief

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Parties

Qantas Airways Limited

Applicant, Cross Respondent

Australian and International Pilots Association

Respondent, Cross Claimant

Procedural Posture

Applications for Costs / Post Judgment (costs Applications After Substantive Dismissal of Main Claim and Cross Claim)

Legal Issues

  1. 1 Whether costs should be awarded in favour of the applicant or respondent under s 570 of the Fair Work Act 2009 (Cth)
  2. 2 Whether failure to accept a Calderbank offer was an unreasonable act justifying costs
  3. 3 Whether the cross-claim was instituted without reasonable cause

Ratio Decidendi

Neither party engaged in conduct satisfying the threshold for awarding costs under s 570(2) of the Fair Work Act 2009 (Cth): Qantas's refusal to accept the Calderbank offer was not unreasonable, and the cross-claim of AIPA was not instituted without reasonable cause. Thus, both applications for costs were dismissed.

Court Disposition

Both applications for costs dismissed.

Orders

  • The respondent's application for costs of the originating application be dismissed.
  • The cross-respondent's application for costs of the cross-claim be dismissed.