Fair Work Ombudsman v Valuair Limited (No 2) [2014] FCA 759

Fair Work Ombudsman v Valuair Limited (No 2) [2014] FCA 759

Valuair Limited and Tour East (T.E.T) Ltd were not national system employers, nor were their cabin crew national system employees, as their employment relationships were not 'in and of Australia'. The Fair Work Act 2009 and Aircraft Cabin Crew Award 2010 do not operate upon such foreign employment relationships, even where some work is performed in Australia. Consequently, the Award and its entitlements, including wages and superannuation, did not apply to the cabin crew identified. The application must be dismissed.

Parties
Applicant: Fair Work Ombudsman; First Respondent: Valuair Limited (200302952W); Second Respondent: Tour East (T.E.T) Ltd (31629391); Third Respondent: Jetstar Airways Pty Ltd (ACN 069 720 243)
Jurisdiction
Australia
Judgment Date
24 July 2014
Procedural Posture
Civil / Judgment
Outcome
Application dismissed
Legal Topics
Coverage of Aircraft Cabin Crew Award 2010, Extra Territorial Application of Fair Work Act 2009, National System Employees and Employers, Operation of Award on Employment Relationships, Superannuation Contributions, Accessorial Liability Under Fair Work Act
Industrial Law Employment Law Coverage of Aircraft Cabin Crew Award 2010 Extra Territorial Application of Fair Work Act 2009 National System Employees and Employers Operation of Award on Employment Relationships Superannuation Contributions Accessorial Liability Under Fair Work Act

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Parties

Fair Work Ombudsman

Applicant

Valuair Limited (200302952W)

First Respondent

Tour East (T.E.T) Ltd (31629391)

Second Respondent

Jetstar Airways Pty Ltd (ACN 069 720 243)

Third Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Aircraft Cabin Crew Award 2010 covers foreign-based aircraft cabin crew
  2. 2 Extra-territorial application of the Fair Work Act 2009
  3. 3 Whether Valuair and TET are national system employers under the Fair Work Act

Ratio Decidendi

Valuair Limited and Tour East (T.E.T) Ltd were not national system employers, nor were their cabin crew national system employees, as their employment relationships were not 'in and of Australia'. The Fair Work Act 2009 and Aircraft Cabin Crew Award 2010 do not operate upon such foreign employment relationships, even where some work is performed in Australia. Consequently, the Award and its entitlements, including wages and superannuation, did not apply to the cabin crew identified. The application must be dismissed.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.