Blake, Chuck C & Anor v Sitefate Pty Ltd & Anor Jackson, Paul H & Anor v Airwarm Pty Ltd & Anor McCarthy, Brian & Anor v Impulse Airlines Pty Ltd [1997] FCA 782

FEDERAL COURT OF AUSTRALIA

EMPLOYMENT LAW - Termination of employment - Alleged unlawful termination of employment - Pilots formed companies supplying piloting services to airlines operators - whether individual pilots were employees of airline operator.

Industrial Relations Act 1988 (now Workplace Relations Act 1996) Division 3, Part VIA.

CHUCK C BLAKE and AUSTRALIAN FEDERATION OF AIR PILOTS v SITEFATE PTY LIMITED and AIR TRANSPORTATION GROUP PTY LIMITED (ACN 002 682 733)

VI 1384 of 1995

AND

PAUL H JACKSON and AUSTRALIAN FEDERATION OF AIR PILOTS v AIRWARM PTY LIMITED and AIR TRANSPORTATION GROUP PTY LTD (ACN 002 682 733)

VI 1385-1386 of 1995

AND

BRIAN McCARTHY and AUSTRALIAN FEDERATION OF AIR PILOTS v IMPULSE AIRLINES PTY LIMITED

VI 1663 of 1996

JUDGE: WILCOX J PLACE: SYDNEY DATE: 30 JULY 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) VI 1384 OF 1995 ) GENERAL DIVISION )

BETWEEN: CHUCK C BLAKE

First Applicant

AUSTRALIAN FEDERATION OF AIR PILOTS

Second Applicant

AND: SITEFATE PTY LIMITED and AIR TRANSPORTATION GROUP PTY LIMITED (ACN 002 682 733)

Respondents

JUDGE: WILCOX J PLACE: SYDNEY DATED: 30 JULY 1997

MINUTES OF ORDER

THE COURT ORDERS THAT: 1. The application by Air Transportation Group Pty Limited for review be allowed. 2. The order made by the Judicial Registrar on 14 March 1997 against Air Transportation Group Pty Limited be set aside. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) VI 1663 of 1996 ) GENERAL DIVISION )