Qantas Airways Limited v Australian Licensed Aircraft Engineers Association [2012] FCAFC 63

FEDERAL COURT OF AUSTRALIA

Qantas Airways Limited v Australian Licensed Aircraft Engineers Association [2012] FCAFC 63 Citation: Qantas Airways Limited v Australian Licensed Aircraft Engineers Association [2012] FCAFC 63

Appeal from: Australian Licensed Aircraft Engineers Association v Qantas Airways Ltd & Anor [2011] FMCA 58

Parties: QANTAS AIRWAYS LIMITED and PETER CAWTHORNE v AUSTRALIAN LICENSED AIRCRAFT ENGINEERS ASSOCIATION

File number: NSD 381 of 2011

Judges: GRAY, NORTH AND BESANKO JJ

Date of judgment: 4 May 2012

Catchwords: INDUSTRIAL LAW – Adverse action – where respondent alleged appellants altered employee's position to his prejudice – consideration of what constitutes prejudicial alteration - whether effect of alteration real and substantial – whether employee in cadre of people to whom action is directed – consideration of time at which action is to be assessed INDUSTRIAL LAW – Coercion – consideration of elements of coercion – procedural fairness – where federal magistrate raised one basis of the element of unlawfulness with the parties but decided claim on another basis – where appellants alleged reasons of federal magistrate were inconsistent with his earlier decision refusing respondent leave to amend pleadings – whether finding outside pleaded case - conduct of parties in the case determinative

Legislation: Fair Work Act 2009 (Cth)

Cases cited: Community and Public Sector Union & Another v Telstra Corporation Limited (2001) 107 FCR 93 considered Australian Meat Industry Employees Union v Belandra Pty Ltd (2003) 126 IR 165 considered Fox v Percy (2003) 214 CLR 118 cited