Qantas Airways Limited v Ardlie [2018] FCAFC 154

FEDERAL COURT OF AUSTRALIA

Qantas Airways Limited v Ardlie [2018] FCAFC 154 Appeal from: Ardlie & Others v Qantas Airways Limited [2016] SAIRC 35

File number: SAD 350 of 2017

Judges: WHITE, PERRY AND CHARLESWORTH JJ

Date of judgment: 14 September 2018

Catchwords: INDUSTRIAL LAW – appeal from reasons of an Industrial Magistrate of the Industrial Relations Court of South Australia (IRCSA) and from orders of the South Australian Employment Tribunal (SAET) giving effect to those reasons – whether the SAET had jurisdiction to make orders. Held: the appeal from the reasons of the IRCSA is not competent – the SAET was vested with jurisdiction to make the orders under s 545(3) of the Fair Work Act 2009 (Cth). INDUSTRIAL LAW – application of the Australian Services Union (Qantas Airways Limited) Agreement (EA) – whether employees' positions had been properly classified under the EA – whether the Industrial Magistrate had determined the employees' classifications in the manner required by the EA. Held: the Industrial Magistrate failed to observe the requirement of the EA that classifications be determined by "working up the scale" of classifications and this error had affected his determination – accordingly, the orders of the SAET were effected by its reliance on the IRCSA reasons – appeal allowed.

Legislation: Fair Work Act 2009 (Cth) ss 12, 50, 185, 545, 546, 551, 565 Federal Court of Australia Act 1976 (Cth) s 28(1)(c) Judiciary Act 1903 (Cth) ss 78B, 79(1) Fair Work and Other Legislation Amendment (South Australian Employment Court) Regulations 2017 (Cth) Sch 1 reg 1 Fair Work Regulations 2009 (Cth) r 1.05 Acts Interpretation Act 1915 (SA) s 16 Fair Work Act 1994 (SA) South Australian Employment Tribunal Act 2014 (SA) ss 32, 92 Statutes Amendment (South Australian Employment Tribunal) Act 2016 s 69 South Australian Employment Tribunal Rules 2017 rr 20, 28