Transport Workers Union of Australia v Qantas Airways Ltd [2012] FCAFC 10

FEDERAL COURT OF AUSTRALIA

Transport Workers Union of Australia v Qantas Airways Ltd [2012] FCAFC 10 Citation: Transport Workers Union of Australia v Qantas Airways Ltd [2012] FCAFC 10

Appeal from: Qantas Airways Ltd v Transport Workers' Union of Australia [2011] FCA 470 Qantas Airways Ltd v Transport Workers' Union of Australia (No 2) [2011] FCA 816

Parties: TRANSPORT WORKERS UNION OF AUSTRALIA v QANTAS AIRWAYS LIMITED (ACN 009 661 901); QANTAS AIRWAYS LIMITED (ACN 009 661 901) v TRANSPORT WORKERS UNION OF AUSTRALIA

File number: NSD 1350 of 2011

Judges: GRAY, BUCHANAN AND MCKERRACHER JJ

Date of judgment: 22 February 2012

Catchwords: INDUSTRIAL LAW – industrial action – prohibition on taking industrial action during life of collective agreement – contravention – whether power to award monetary compensation – power to make "any other orders…the Court considers necessary to…remedy its effects" – whether ordinary meaning of power limited to dealing with ongoing effects – whether power limited by legislative history or comparison with other provisions using similar words but containing express power to award compensation STATUTORY INTERPRETATION - civil remedy provision - whether the phrase "any other orders… the Court considers necessary to... remedy its effects" includes power to grant compensation where other remedial provisions in legislation expressly provide power to grant compensation - consideration of structure of legislation - remedial provisions to be construed liberally - limitations not to be readily implied from grants of judicial power PRACTICE AND PROCEDURE - whether issues raised by cross-appeal should be considered - inappropriate to exercise judgment where appeal has been dismissed and respondent has already obtained the remedy sought