Transport Workers' Union of Australia v Qantas Airways Limited (No 5) [2022] FCA 782

Transport Workers' Union of Australia v Qantas Airways Limited (No 5) [2022] FCA 782

Given the importance of efficient and fair resolution of numerous individual compensation claims flowing from established contraventions, and the discrete nature of issues raised in the test case individuals, the appropriate course is use of test cases, an agreed process for factual issues, and the appointment of a referee under s 54A of the Federal Court of Australia Act 1976 (Cth) to determine expert questions around psychological or psychiatric injury, rather than a court-appointed expert. Procedural directions are made to advance the matter efficiently, having regard to public interest in both prompt compensation and penalty determination.

Parties
Applicant: Transport Workers Union of Australia; First Respondent: Qantas Airways Limited; Second Respondent: Qantas Ground Services Pty Ltd
Jurisdiction
Australia
Judgment Date
01 June 2022
Procedural Posture
Case Management Decision and Interlocutory Orders in Employment/industrial Relations Proceeding / Post Liability Findings; Directions for Compensation Test Cases and Management of Individual Claims
Outcome
Directions and procedural orders made for hearing and determination of test compensation cases; appointment of a referee for determination of psychological/psychiatric injury.
Legal Topics
Practice and Procedure, Appointment of Referees, Test Cases for Compensation, Case Management, Civil Penalties, Expert Evidence
Employment and Industrial Relations Practice and Procedure Appointment of Referees Test Cases for Compensation Case Management Civil Penalties Expert Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2
Sign in to unlock

Parties

Transport Workers Union of Australia

Applicant

Qantas Airways Limited

First Respondent

Qantas Ground Services Pty Ltd

Second Respondent

Procedural Posture

Case Management Decision and Interlocutory Orders in Employment/industrial Relations Proceeding / Post Liability Findings; Directions for Compensation Test Cases and Management of Individual Claims

Legal Issues

  1. 1 How should the court manage the determination of individual compensation claims arising from established contraventions by Qantas and QGS?
  2. 2 Whether appointment of a referee or court-appointed expert is appropriate for issues of psychological or psychiatric injury related to contravening conduct
  3. 3 Procedural directions for hearing of compensation test cases

Ratio Decidendi

Given the importance of efficient and fair resolution of numerous individual compensation claims flowing from established contraventions, and the discrete nature of issues raised in the test case individuals, the appropriate course is use of test cases, an agreed process for factual issues, and the appointment of a referee under s 54A of the Federal Court of Australia Act 1976 (Cth) to determine expert questions around psychological or psychiatric injury, rather than a court-appointed expert. Procedural directions are made to advance the matter efficiently, having regard to public interest in both prompt compensation and penalty determination.

Court Disposition

Directions and procedural orders made for hearing and determination of test compensation cases; appointment of a referee for determination of psychological/psychiatric injury.

Orders

  • The question of entitlement to compensatory relief for three named Test Case Individuals to be determined separately and prior to other claims.
  • Parties to agree and file issues of fact and law and an Agreed Facts document by specified dates.