Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Qantas Airways Limited [2020] FCAFC 205

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Qantas Airways Limited [2020] FCAFC 205

Employees stood down under s 524(1) of the Fair Work Act 2009 (Cth), or an equivalent enterprise agreement provision, are not entitled to access paid personal/carer's leave or compassionate leave during the period of stand down unless such leave is expressly authorised by the employer; the statutory or award entitlement to leave does not operate independently during stand down. Section 525 makes the exercise of leave during stand down subject to employer authorisation, and circumstances of unauthorised absence do not defeat the effect of the stand down. The appeal is dismissed.

Parties
First Appellant: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Second Appellant: The Australian Workers' Union; Third Appellant: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU); Fourth Appellant: Transport Workers' Union; Respondent: Qantas Airways Limited
Jurisdiction
Australia
Judgment Date
27 November 2020
Procedural Posture
Appeal / Full Federal Court Judgment After Appeal From Federal Court Decision
Outcome
Appeal dismissed
Legal Topics
Personal/carer's Leave, Compassionate Leave, Paid Leave During Stand Down, Statutory Construction, Enterprise Agreement Interpretation
Industrial Law Employment Law Personal/carer's Leave Compassionate Leave Paid Leave During Stand Down Statutory Construction Enterprise Agreement Interpretation

Case Brief

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Parties

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

First Appellant

The Australian Workers' Union

Second Appellant

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU)

Third Appellant

Transport Workers' Union

Fourth Appellant

Qantas Airways Limited

Respondent

Procedural Posture

Appeal / Full Federal Court Judgment After Appeal From Federal Court Decision

Legal Issues

  1. 1 Whether employees stood down under s 524(1) Fair Work Act 2009 (Cth)—or under an enterprise agreement provision—are entitled to take paid personal/carer's leave or compassionate leave during the stand down period
  2. 2 Proper construction of s 525 FW Act and its interaction with s 524
  3. 3 Whether leave entitlements may be exercised during stand down

Ratio Decidendi

Employees stood down under s 524(1) of the Fair Work Act 2009 (Cth), or an equivalent enterprise agreement provision, are not entitled to access paid personal/carer's leave or compassionate leave during the period of stand down unless such leave is expressly authorised by the employer; the statutory or award entitlement to leave does not operate independently during stand down. Section 525 makes the exercise of leave during stand down subject to employer authorisation, and circumstances of unauthorised absence do not defeat the effect of the stand down. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed