Australian and International Pilots Association v Fair Work Australia [2012] FCAFC 65

Australian and International Pilots Association v Fair Work Australia [2012] FCAFC 65

While FWA wrongly made an order terminating AIPA's protected industrial action absent a finding it threatened significant damage to the economy (as required under s 424), the legal consequence was the same, since termination of Qantas' protected employer action meant AIPA's action ceased to be protected under s 413(7). Accordingly, no relief was granted, as the outcome would have been substantively identical. FWA did not commit jurisdictional error regarding the causal connection required for employer response action, and Qantas' lockout was in response to AIPA's industrial action, albeit minor.

Parties
Applicant: Australian and International Pilots Association; First Respondent: Fair Work Australia; Second Respondent: Minister for Tertiary Education, Skills, Jobs and Workplace Relations; Third Respondent: Qantas Airways Limited; Fourth Respondent: QCatering Limited; Fifth Respondent: The Australian Licensed Aircraft Engineers Association; Sixth Respondent: Transport Workers Union of Australia; First Intervener: Minister for Finance and Services in His Capacity as Minister Responsible for Workplace Relations in the State of New South Wales; Second Intervener: Minister for Employment and Industrial Relations in the State of Victoria
Jurisdiction
Australia
Judgment Date
10 May 2012
Procedural Posture
Judicial Review Application / Final Decision and Orders by the Full Court
Outcome
Application dismissed
Legal Topics
Protected Industrial Action, Employer Response Action, Compulsory Arbitration, Jurisdictional Error, Suspension and Termination of Industrial Action
Administrative Law Industrial Law Protected Industrial Action Employer Response Action Compulsory Arbitration Jurisdictional Error Suspension and Termination of Industrial Action

Case Brief

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Parties

Australian and International Pilots Association

Applicant

Fair Work Australia

First Respondent

Minister for Tertiary Education, Skills, Jobs and Workplace Relations

Second Respondent

Qantas Airways Limited

Third Respondent

QCatering Limited

Fourth Respondent

The Australian Licensed Aircraft Engineers Association

Fifth Respondent

Transport Workers Union of Australia

Sixth Respondent

Minister for Finance and Services in His Capacity as Minister Responsible for Workplace Relations in the State of New South Wales

First Intervener

Minister for Employment and Industrial Relations in the State of Victoria

Second Intervener

Procedural Posture

Judicial Review Application / Final Decision and Orders by the Full Court

Legal Issues

  1. 1 Whether Fair Work Australia (FWA) had jurisdiction to terminate protected industrial action against AIPA under s 424 of the Fair Work Act 2009
  2. 2 Whether Qantas' lockout was protected employer response action under s 411
  3. 3 Whether FWA should have terminated or suspended the protected industrial action by AIPA

Ratio Decidendi

While FWA wrongly made an order terminating AIPA's protected industrial action absent a finding it threatened significant damage to the economy (as required under s 424), the legal consequence was the same, since termination of Qantas' protected employer action meant AIPA's action ceased to be protected under s 413(7). Accordingly, no relief was granted, as the outcome would have been substantively identical. FWA did not commit jurisdictional error regarding the causal connection required for employer response action, and Qantas' lockout was in response to AIPA's industrial action, albeit minor.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.