Qantas Airways Ltd v Australian Licensed Aircraft Engineers Association (No 3) [2020] FCA 1428

Qantas Airways Ltd v Australian Licensed Aircraft Engineers Association (No 3) [2020] FCA 1428

The 'stoppage of work' for Qantas and Jetstar was due to the global pandemic and associated government restrictions, not a cause for which the companies could reasonably be held responsible or prevent. The factual context shows the airlines had no real option other than standing down employees due to lack of available work, and they had taken every reasonable step open to them. The maintenance of status quo provision in the Jetstar Agreement did not prevent standing down employees when there was no work to be performed.

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
06 October 2020
Procedural Posture
Industrial Law Dispute / Judgment Following Contested Hearing
Outcome
Declaratory relief granted; no injunctive relief granted.
Legal Topics
Stand Down of Employees, Jurisdiction of Fair Work Commission, Status Quo Provisions, Interpretation of Enterprise Agreements
Employment and Industrial Relations Stand Down of Employees Jurisdiction of Fair Work Commission Status Quo Provisions Interpretation of Enterprise Agreements

Case Brief

Summary, issues, holding and outcome

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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

Industrial Law Dispute / Judgment Following Contested Hearing

Legal Issues

  1. 1 Whether there was a stoppage of work under the relevant enterprise agreements
  2. 2 Whether the stoppage was by any cause for which Qantas or Jetstar could reasonably be held responsible/prevented
  3. 3 Whether employees were entitled to maintenance of the status quo pending dispute resolution

Ratio Decidendi

The 'stoppage of work' for Qantas and Jetstar was due to the global pandemic and associated government restrictions, not a cause for which the companies could reasonably be held responsible or prevent. The factual context shows the airlines had no real option other than standing down employees due to lack of available work, and they had taken every reasonable step open to them. The maintenance of status quo provision in the Jetstar Agreement did not prevent standing down employees when there was no work to be performed.

Court Disposition

Declaratory relief granted; no injunctive relief granted.

Orders

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