Re Flight Crew Officers Industrial Tribunal; Ex p Australian Federation of Air Pilots [1971] HCA 58

Re Flight Crew Officers Industrial Tribunal; Ex p Australian Federation of Air Pilots [1971] HCA 58

Mandamus was refused because the notified dispute did not raise an industrial question within Pt IIIA: it challenged the managerial propriety and justifiability of Qantas giving redundancy notices rather than any matter pertaining to the pilots' terms or conditions of service or employment. The notices satisfied s. 5K of the Award. Although variation of an award can raise an industrial question, the proposed variation was put only as a means of resolving the notified dispute and depended on an inquiry into Qantas' managerial decision, so the Tribunal did not refuse to exercise a jurisdiction to vary the Award.

Jurisdiction
Australia
Procedural Posture
Application for Writ of Mandamus / Application to Make Absolute an Order Nisi
Outcome
Application dismissed; order nisi discharged.
Legal Topics
['industrial Questions Under Pt IIIA of the Conciliation and Arbitration Act 1904 1970' "jurisdiction of the Flight Crew Officers' Industrial Tribunal" 'mandamus' 'termination for Redundancy' 'variation of Industrial Award']
['industrial Law' 'administrative Law'] ['industrial Questions Under Pt IIIA of the Conciliation and Arbitration Act 1904 1970' "jurisdiction of the Flight Crew Officers' Industrial Tribunal" 'mandamus' 'termination for Redundancy' 'variation of Industrial Award']

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Procedural Posture

Application for Writ of Mandamus / Application to Make Absolute an Order Nisi

Legal Issues

  1. 1 ["Whether the notice of termination given by Qantas was invalid because it did not conform to s. 5K of the Airline Pilots' (Qantas) Award 1970." 'Whether the dispute notified by the Federation concerning retrenchment of pilots was an industrial question within Pt IIIA of the Conciliation and Arbitration Act 1904-1970.' "Whether the Tribunal refused to exercise jurisdiction to entertain an application to vary the Airline Pilots' (Qantas) Award 1970." 'Whether mandamus should issue to compel the Tribunal to consider and determine the notified matter.']

Ratio Decidendi

Mandamus was refused because the notified dispute did not raise an industrial question within Pt IIIA: it challenged the managerial propriety and justifiability of Qantas giving redundancy notices rather than any matter pertaining to the pilots' terms or conditions of service or employment. The notices satisfied s. 5K of the Award. Although variation of an award can raise an industrial question, the proposed variation was put only as a means of resolving the notified dispute and depended on an inquiry into Qantas' managerial decision, so the Tribunal did not refuse to exercise a jurisdiction to vary the Award.

Court Disposition

Application dismissed; order nisi discharged.

Orders

  • ['Application dismissed.' 'Order nisi discharged.' 'Prosecutor to pay the costs of Qantas Airways Limited.']