Transport Workers Union of Australia v Qantas Airways Ltd [2012] FCAFC 10

Transport Workers Union of Australia v Qantas Airways Ltd [2012] FCAFC 10

Section 494(5)(b) of the Workplace Relations Act 1996 (Cth) empowers the Court to order monetary compensation to remedy the effects of a contravention; the words 'any other orders ... the Court considers necessary to ... remedy its effects' include compensatory orders for financial loss, not just forward-looking or injunctive relief. There is no sufficient indication in the Act's text, structure or history justifying implication of a narrower limitation. Express grants of compensation powers elsewhere do not negate or limit the breadth of s 494(5)(b) in this regard.

Parties
Appellant/cross Respondent: Transport Workers Union of Australia; Respondent/cross Appellant: Qantas Airways Limited (ACN 009 661 901)
Jurisdiction
Australia
Judgment Date
14 February 2012
Procedural Posture
Appeal / Full Court Determination on Appeal and Cross Appeal, Post Trial
Outcome
Appeal dismissed; cross-appeal adjourned pending any application for special leave to the High Court.
Legal Topics
Industrial Action, Monetary Compensation, Court Orders, Workplace Relations Act Construction
Industrial Law Statutory Interpretation Industrial Action Monetary Compensation Court Orders Workplace Relations Act Construction

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Parties

Transport Workers Union of Australia

Appellant/cross Respondent

Qantas Airways Limited (ACN 009 661 901)

Respondent/cross Appellant

Procedural Posture

Appeal / Full Court Determination on Appeal and Cross Appeal, Post Trial

Legal Issues

  1. 1 Does s 494(5)(b) of the Workplace Relations Act 1996 (Cth) empower the Court to award compensation to remedy contraventions?
  2. 2 Whether the Court's remedial power under s 494(5)(b) is limited to ongoing effects or includes compensation for past effects
  3. 3 Whether express provision of compensation elsewhere in the Act excludes it under s 494

Ratio Decidendi

Section 494(5)(b) of the Workplace Relations Act 1996 (Cth) empowers the Court to order monetary compensation to remedy the effects of a contravention; the words 'any other orders ... the Court considers necessary to ... remedy its effects' include compensatory orders for financial loss, not just forward-looking or injunctive relief. There is no sufficient indication in the Act's text, structure or history justifying implication of a narrower limitation. Express grants of compensation powers elsewhere do not negate or limit the breadth of s 494(5)(b) in this regard.

Court Disposition

Appeal dismissed; cross-appeal adjourned pending any application for special leave to the High Court.

Orders

  • The appeal be dismissed.
  • The hearing of the cross-appeal be adjourned to a date to be fixed.