Qantas Airways Limited v Australian Licensed Aircraft Engineers Association [2011] FCA 401

Qantas Airways Limited v Australian Licensed Aircraft Engineers Association [2011] FCA 401

The existence of an arguable error concerning procedural fairness, especially regarding points not put to Mr Cawthorne before findings were made against him, justified granting both an extension of time and leave to appeal, outweighing the potential for fragmentation or delay in the appellate process.

Jurisdiction
Australia
Judgment Date
15 April 2011
Procedural Posture
Leave to Appeal (interlocutory Application) / Application for Extension of Time and Leave to Appeal After Declarations, Prior to Penalty Hearing
Outcome
Extension of time and leave to appeal granted
Legal Topics
['adverse Action Under Fair Work Act' 'appeals Against Interlocutory Judgment' 'procedural Fairness in Fair Work Litigation']
['employment Law' 'industrial Law'] ['adverse Action Under Fair Work Act' 'appeals Against Interlocutory Judgment' 'procedural Fairness in Fair Work Litigation']

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Procedural Posture

Leave to Appeal (interlocutory Application) / Application for Extension of Time and Leave to Appeal After Declarations, Prior to Penalty Hearing

Legal Issues

  1. 1 ['Whether the applicants should be granted an extension of time to seek leave to appeal' 'Whether leave to appeal from interlocutory judgment concerning contraventions of the Fair Work Act should be granted']

Ratio Decidendi

The existence of an arguable error concerning procedural fairness, especially regarding points not put to Mr Cawthorne before findings were made against him, justified granting both an extension of time and leave to appeal, outweighing the potential for fragmentation or delay in the appellate process.

Court Disposition

Extension of time and leave to appeal granted

Orders

  • ['The applicants be granted an extension of time within which to apply for leave to appeal to 15 April 2011.' 'The applicants be given leave to appeal.' 'The applicants are to file and serve a Notice of Appeal no later than 18 April 2011.']