Harris, Geoffrey Gordon v Ansett Transport Industries (Operations) Pty Ltd [1978] FCA 118

Harris, Geoffrey Gordon v Ansett Transport Industries (Operations) Pty Ltd [1978] FCA 118

The award required the respondent employer to appoint pilots to vacancies only in accordance with the integrated seniority list established by the award; Mr Palliaer was not entitled to bid for the vacancy, and the respondent's appointment of Mr Palliaer constituted a breach of the award.

Parties
Claimant: Geoffrey Gordon Harris; Respondent: Ansett Transport Industries (Operations) Pty. Ltd.
Jurisdiction
Australia
Judgment Date
23 June 1978
Procedural Posture
Application for Penalty Under Statute / Trial Decision
Outcome
Breach of award established against respondent.
Legal Topics
Breach of Award, Seniority Rights, Pilot Appointment
Industrial Law Breach of Award Seniority Rights Pilot Appointment

Case Brief

Summary, issues, holding and outcome

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Parties

Geoffrey Gordon Harris

Claimant

Ansett Transport Industries (Operations) Pty. Ltd.

Respondent

Procedural Posture

Application for Penalty Under Statute / Trial Decision

Legal Issues

  1. 1 Whether the appointment of Flight Officer R.H. Palliaer breached the Ansett Transport Industries (Operations) Pty. Ltd. Seniority Award 1977
  2. 2 Whether pilots who volunteered are 'retrenched' within the meaning of the award
  3. 3 Whether the award imposes an obligation on the employer regarding appointments

Ratio Decidendi

The award required the respondent employer to appoint pilots to vacancies only in accordance with the integrated seniority list established by the award; Mr Palliaer was not entitled to bid for the vacancy, and the respondent's appointment of Mr Palliaer constituted a breach of the award.

Court Disposition

Breach of award established against respondent.

Orders

  • Order under section 109(1)(d) enjoining the respondent from appointing Mr Palliaer as a captain in Ansett Airlines of South Australia and from taking any further step towards completion of procedures for granting Mr Palliaer a first class airline transport pilot's licence until determination of this application or...