Newcastle Airport Pty Ltd v Ferguson & Ors [2020] NSWIRComm 1068

Newcastle Airport Pty Ltd v Ferguson & Ors [2020] NSWIRComm 1068

Stand down orders granted because no useful work was available for employees due to COVID-19 travel restrictions, the employer was not responsible for these circumstances, the applicant's onus was discharged, and public interest favoured the exercise of discretion to preserve ongoing employment and viability of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 September 2020
Procedural Posture
Stand Down Order Application / Final Determination and Orders
Outcome
stand down orders granted
Legal Topics
['stand Down' 'covid 19' 'commission Jurisdiction' 'employee Rights' 'public Interest']
['employment Law'] ['stand Down' 'covid 19' 'commission Jurisdiction' 'employee Rights' 'public Interest']

Source-derived case record

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Procedural Posture

Stand Down Order Application / Final Determination and Orders

Legal Issues

  1. 1 ['Whether Commission should exercise discretion to grant stand down orders under s 126 of Industrial Relations Act 1996 (NSW)' "Whether there is no useful work for employees for reasons outside employer's responsibility" 'Appropriateness and fairness of stand down orders in light of public interest and employee impact']

Ratio Decidendi

Stand down orders granted because no useful work was available for employees due to COVID-19 travel restrictions, the employer was not responsible for these circumstances, the applicant's onus was discharged, and public interest favoured the exercise of discretion to preserve ongoing employment and viability of airport services.

Court Disposition

stand down orders granted

Orders

  • ['Newcastle Airport Pty Ltd may stand down employees with or without pay for any day or part of day which employees cannot usefully be employed as a result of COVID-19 travel restrictions.' 'Prior to standing an employee down, Newcastle Airport must give employee written notice at least 14 days prior, consult with...