Australian Federation of Air Pilots v Leach Aero Services Pty Ltd [1988] FCA 439

JUDGMENT No. 4347.8.

CATCHWORDS

Industrial law - award - breach - right of entry ~ factors in

mitigation of penalty - recipient of penalty.

Conciliation and Arbitration Act 1904 s.119, s.88Z, s.88V(1)(e)

Pilots (General Aviation) Award 1984 cl. 9, 21, 22

Helicopter Pilots (General Aviation) Award 1984 cl. 21, 26.

AUSTRALIAN FEDERATION OF AIR PILOTS v. LEACH AERO SERVICES pry. LTD.

No. V8 of 1988

GRAY J. ° MELBOURNE 24TH JUNE 1988

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IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No. V8 of 1988

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INDUSTRIAL DIVISION

BETWEEN : AUSTRALIAN FEDERATION OF AIR PILOTS Applicant -and- LEACH AERO SERVICES PTY. LTD. Respondent JUDGE: Gray Jd.

PLACE: Melbourne

DATE: 24th June 1988 EX TEMPORE REASONS FOR JUDGMENT

This is an application pursuant to s.119 of the Conciliation and Arbitration Act 1904 ("the Act") wherein the

applicant claims penalties for breaches of awards. The applicant is, and has been since Il1st October 1986, an organization registered pursuant to the Act. Prior to that

time, it was a declared body under s.88% of the Act.

The two awards concerned are awards of the Flight Crew Officers Industrial Tribunal, made pursuant to Part IIIA

of the Act. They are the Pilots (General Aviation) Award

1984 and the Helicopter Pilots' (General Aviation) Award

1984. By virtue of s.88V(1)(e) of the Act, those awards are

to be treated as awards for the purposes of other provisions

of the Act, including s.119.

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The relevant provisions of the Pilots (General

Aviation) Award 1984 are as follows:

"9, (a)

(dD)

"21.

{a}

(b)

(coc)

Duty and flight time records

each pilot shall be required to keep a progressive record of his duty and flight times, using duty and flight time record forms which shall be provided by his employer, in or similar to the format shown in appendix 2;