Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AFMEPKIU & Ors v Qantas Airways Limited [2001] FCA 547
INDUSTRIAL LAW –breach of enterprise bargaining agreement – contracting-out – clause obliging consultation – interpretation of clause – ambiguity – extrinsic material – objective background facts – objective intention – standard of proof.
Workplace Relations Act 1996 (Cth) s 178. Codelfa Construction Proprietary Limited v State Rail Authorities of New South Wales (1982) 149 CLR 337 applied. Seamen's Union of Australia v Adelaide Steamship Co Ltd (1976) 46 FLR 444 applied. Printing & Kindred Industries Union & Anor v Davies (1986) 18 IR 444 cited. Gapes v Commercial Bank of Australia Ltd (1979) 38 FLR 431 applied. Harris v Ansett Transport Industries (Operations) Pty Ltd (1975) 45 FLR 469 applied.
AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION, COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA and AUSTRALIAN WORKERS' UNION v QANTAS AIRWAYS LIMITED NORTH J 11 MAY 2001 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 639 OF 1999
BETWEEN: AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION
FIRST APPLICANT
COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA
SECOND APPLICANT
AUSTRALIAN WORKERS' UNION
THIRD APPLICANT
AND: QANTAS AIRWAYS LIMITED
RESPONDENT
JUDGE: NORTH J
DATE OF ORDER: 11 MAY 2001
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application is dismissed.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 639 OF 1999
BETWEEN: AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION
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