MARKS & TAYLOR and AUSTRALIAN FEDERATION OF AIR PILOTS v SKYWEST AVIATION [1997] IRCA 99

MARKS & TAYLOR and AUSTRALIAN FEDERATION OF AIR PILOTS v SKYWEST AVIATION [1997] IRCA 99

Captain Taylor was not employed under award conditions, and thus excluded from unlawful termination protections per s170CD. For both applicants, the terminations were due to genuine operational requirements and redundancies, and the employer had no obligation or practical ability to guarantee assignments with another legal entity. The applications were therefore dismissed.

Jurisdiction
Australia
Judgment Date
21 March 1997
Procedural Posture
Application Under the Workplace Relations Act 1996 for Relief in Relation to Alleged Unlawful Termination of Employment / Judgment at First Instance
Outcome
Applications dismissed
Legal Topics
['termination of Employment' 'redundancy' 'operational Requirements' 'award Breach' 'jurisdiction Under Workplace Relations Act']
['industrial Law' 'employment Law'] ['termination of Employment' 'redundancy' 'operational Requirements' 'award Breach' 'jurisdiction Under Workplace Relations Act']

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Procedural Posture

Application Under the Workplace Relations Act 1996 for Relief in Relation to Alleged Unlawful Termination of Employment / Judgment at First Instance

Legal Issues

  1. 1 ['Whether Captain Taylor was excluded from unlawful termination provisions by s170CD of the Act' "Whether there was a valid reason for the termination of the applicants' employment under s170DE(1)" 'Whether the employer breached the Award by not maintaining an integrated seniority list']

Ratio Decidendi

Captain Taylor was not employed under award conditions, and thus excluded from unlawful termination protections per s170CD. For both applicants, the terminations were due to genuine operational requirements and redundancies, and the employer had no obligation or practical ability to guarantee assignments with another legal entity. The applications were therefore dismissed.

Court Disposition

Applications dismissed

Orders

  • ['The applications be dismissed.']