Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Regional Express Holdings Ltd v Australian Federation of Air Pilots [2016] FCAFC 147 Appeal from: Australian Federation of Air Pilots v Regional Express Holdings [2016] FCCA 316
File number: VID 192 of 2016
Judges: NORTH, JESSUP AND WHITE JJ
Date of judgment: 26 October 2016
Catchwords: INDUSTRIAL LAW – industrial association of pilots alleged adverse action – appellant company challenged association's standing to bring action – standing subject to whether industrial association "entitled to represent industrial interests" of the pilots – no evidence that appellant's pilots were members of association – whether standing extended to non-members. INDUSTRIAL LAW – meaning of "entitled to represent industrial interests" – phrase undefined in relevant legislation – whether eligibility for membership created entitlement to represent non-members – established principle supporting employee organisation's right to represent class of employees defined by eligibility for membership – subsequent legislative history of industrial representation by employee organisations support eligibility approach – interpretation applicable to industrial association due to registered organisation status – appeal dismissed.
Legislation: Conciliation and Arbitration Act 1904 (Cth) ss 28, 119, 142A Fair Work Act 2009 (Cth) ss 12, 46, 47, 48, 53, 143, 158, 159, 160, 163, 176, 187, 201, 217, 225, 226, 341, 342, 343, 345, 481, 482, 484, 518, 520, 539, 540 Fair Work (Registered Organisations) Act 2009 (Cth) ss 5, 19, 133 Industrial Relations Act 1988 (Cth) ss 4, 118, 118A, 164, 170AD, 170BD, 170EA, 170FB, 170GB, 170MA, 170MB, 170NA, 170NB, 170NC, 178, 202 Industrial Relations Reform Act 1993 (Cth) Industrial Relations Legislation Amendment Act 1990 (Cth) Workplace Relations Act 1996 (Cth) ss 170BD, 170CE, 170LH, 170LJ, 170LK, 298T, 328, 405, 592, 594, 605, 616, 625, 632, 643, 669, 718, 807 Workplace Relations and Other Legislation Amendment Act 1996 (Cth) Workplace Relations (Work Choices) Act 2005 (Cth) ss 328, 405, 539, 540, 625, 643, 669
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