Qantas Airways Ltd v Australian Licensed Aircraft Engineers Association (No 2) [2020] FCA 951

Qantas Airways Ltd v Australian Licensed Aircraft Engineers Association (No 2) [2020] FCA 951

Both the Qantas and Jetstar Enterprise Agreements require certain steps of dispute resolution before referral to the Fair Work Commission. The Court finds that substantial compliance with these steps occurred, and so the Commission has jurisdiction to deal with the dispute, but only to the extent of whether LAMEs could be 'usefully employed'—not broader issues such as 'stoppage of work' or causation.

Parties
First Applicant: Qantas Airways Ltd; Second Applicant: Jetstar Airways Pty Ltd; First Respondent: Australian Licensed Aircraft Engineers Association; Second Respondent: Fair Work Commission
Jurisdiction
Australia
Judgment Date
09 July 2020
Procedural Posture
Application for Judicial Review / Declaration / Final Judgment
Outcome
Application allowed in part; orders to be finalized
Legal Topics
Dispute Resolution Procedures in Enterprise Agreements, Jurisdiction of Fair Work Commission, Construction of Enterprise Agreements
Industrial Law Employment Law Dispute Resolution Procedures in Enterprise Agreements Jurisdiction of Fair Work Commission Construction of Enterprise Agreements

Case Brief

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Parties

Qantas Airways Ltd

First Applicant

Jetstar Airways Pty Ltd

Second Applicant

Australian Licensed Aircraft Engineers Association

First Respondent

Fair Work Commission

Second Respondent

Procedural Posture

Application for Judicial Review / Declaration / Final Judgment

Legal Issues

  1. 1 Whether compliance with each stage of dispute resolution procedures is mandatory under the Qantas and Jetstar Enterprise Agreements
  2. 2 Whether the Fair Work Commission has jurisdiction to deal with the Engineers Association's applications
  3. 3 What is the proper construction of the relevant enterprise agreement clauses

Ratio Decidendi

Both the Qantas and Jetstar Enterprise Agreements require certain steps of dispute resolution before referral to the Fair Work Commission. The Court finds that substantial compliance with these steps occurred, and so the Commission has jurisdiction to deal with the dispute, but only to the extent of whether LAMEs could be 'usefully employed'—not broader issues such as 'stoppage of work' or causation.

Court Disposition

Application allowed in part; orders to be finalized

Orders

  • The parties are to bring in Short Minutes of Orders to give effect to these reasons within seven days.