Choppair Helicopters Pty Ltd v Bobridge (No 2) [2018] FCA 700

Choppair Helicopters Pty Ltd v Bobridge (No 2) [2018] FCA 700

Entitlement to accident make-up pay under cl 22 of the Air Pilots Award 2010 arises at the date of injury, independent of the continuance of employment, provided the employee is entitled to statutory workers' compensation. The entitlement to superannuation under cl 23.5(b) is expressly contingent upon the employee remaining employed during the relevant period.

Jurisdiction
Australia
Judgment Date
18 May 2018
Procedural Posture
Appeal / Judgment on Redetermination After Appeal
Outcome
Accident make-up pay claim allowed; superannuation claim dismissed.
Legal Topics
['underpayment Claims' 'accident Make Up Pay' 'superannuation Entitlements' 'interpretation of Awards']
['industrial Law' 'employment Law'] ['underpayment Claims' 'accident Make Up Pay' 'superannuation Entitlements' 'interpretation of Awards']

Case Brief

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Procedural Posture

Appeal / Judgment on Redetermination After Appeal

Legal Issues

  1. 1 ['Whether the respondent was entitled to accident make-up pay under clause 22 of the Air Pilots Award 2010' 'Whether the respondent was entitled to superannuation payments under clause 23.5 of the Air Pilots Award 2010' 'Whether the primary judge gave sufficient reasons for determining entitlement']

Ratio Decidendi

Entitlement to accident make-up pay under cl 22 of the Air Pilots Award 2010 arises at the date of injury, independent of the continuance of employment, provided the employee is entitled to statutory workers' compensation. The entitlement to superannuation under cl 23.5(b) is expressly contingent upon the employee remaining employed during the relevant period.

Court Disposition

Accident make-up pay claim allowed; superannuation claim dismissed.

Orders

  • ['The First Appellant is to pay $6,555.95 to the Respondent for accident make-up pay under cl 22 of the Air Pilots Award 2010.' "Payment to the Respondent is to be effected from the Court Litigants' Fund; Registrar to pay $6,555.95 to the Respondent." "Balance of funds held in the Court Litigants' Fund to be paid to...