R v Stanton; Ex parte Associated Airlines Pty Ltd [1978] HCA 15

R v Stanton; Ex parte Associated Airlines Pty Ltd [1978] HCA 15

By majority, Associated Airlines Pty. Ltd. carried on a business of interstate and overseas aerial transport for reward and was engaged in trade and commerce, so its pilots were eligible for Federation membership and the May 1977 log of claims about terms and conditions of employment raised an industrial question within the Tribunal's jurisdiction. However, the October 1977 notification concerning Captain Frank's dismissal did not concern an industrial matter as defined in s. 88H, and s. 88U(2) did not expand that definition, so the Tribunal lacked jurisdiction over that notification.

Jurisdiction
Australia
Procedural Posture
Application for Prohibition / Order Nisi for Prohibition in Relation to Two Notifications to the Flight Crews Officers Industrial Tribunal
Outcome
Order nisi for prohibition made absolute in relation to the second notification and discharged in relation to the first notification.
Legal Topics
["flight Crew Officers' Industrial Tribunal Jurisdiction" 'industrial Questions and Industrial Matters' 'interstate and Overseas Trade and Commerce' 'eligibility for Federation Membership' 'dismissal of Flight Crew Officer' 'prohibition']
['industrial Law' 'administrative Law' 'constitutional Law'] ["flight Crew Officers' Industrial Tribunal Jurisdiction" 'industrial Questions and Industrial Matters' 'interstate and Overseas Trade and Commerce' 'eligibility for Federation Membership' 'dismissal of Flight Crew Officer' 'prohibition']

Case Brief

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Procedural Posture

Application for Prohibition / Order Nisi for Prohibition in Relation to Two Notifications to the Flight Crews Officers Industrial Tribunal

Legal Issues

  1. 1 ['Whether Associated Airlines Pty. Ltd. was engaged in trade and commerce between the States or with other countries despite operating without a profit-making purpose.' 'Whether pilots employed by Associated Airlines Pty. Ltd. were eligible to be members of the Australian Federation of Air Pilots.' "Whether the May 1977 log of claims notification raised an industrial question within the Tribunal's jurisdiction." "Whether the October 1977 notification concerning changes to conditions, Captain Frank's dismissal and threats to other employees raised an industrial question within the Tribunal's jurisdiction."]

Ratio Decidendi

By majority, Associated Airlines Pty. Ltd. carried on a business of interstate and overseas aerial transport for reward and was engaged in trade and commerce, so its pilots were eligible for Federation membership and the May 1977 log of claims about terms and conditions of employment raised an industrial question within the Tribunal's jurisdiction. However, the October 1977 notification concerning Captain Frank's dismissal did not concern an industrial matter as defined in s. 88H, and s. 88U(2) did not expand that definition, so the Tribunal lacked jurisdiction over that notification.

Court Disposition

Order nisi for prohibition made absolute in relation to the second notification and discharged in relation to the first notification.

Orders

  • ['Order nisi for prohibition made absolute in relation to the second notification.' 'Order nisi for prohibition discharged in relation to the first notification.']