Australian Licenced Aircraft Engineers' Association v Ansett Australia Limited [2003] FCA 249

FEDERAL COURT OF AUSTRALIA

Australian Licenced Aircraft Engineers' Association v Ansett Australia Limited

[2003] FCA 249 CORPORATIONS – administration under Pt 5.3A of the Corporations Act 2001 – whether claim barred where deed of company arrangement – whether a union is a creditor in relation to union fees deducted by employer – where amount paid prior to deed of arrangement – where claim not in relation to alleged debt INDUSTRIAL LAW – whether discretion exists as to exercise of jurisdiction pursuant to s 413 and s 413A of the Workplace Relations Act 1996 (Cth) and whether should be exercised – interrelationship with Corporations Act 2001 – interpretation of certified agreement and award

Corporations Act 2001 (Cth) ss 444D, 444E Workplace Relations Act 1996 (Cth) ss 413, 413A

Finance Sector Union of Australia v Commonwealth Bank of Australia (2000) 106 IR 158 cited Finance Sector Union of Australia v Commonwealth Bank of Australia (2001) 106 IR 172 cited

AUSTRALIAN LICENCED AIRCRAFT ENGINEERS' ASSOCIATION v ANSETT AUSTRALIA LIMITED (subject to deed of company arrangement) N 1158 OF 2002 GYLES J SYDNEY 26 MARCH 2003

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1158 OF 2002

BETWEEN: AUSTRALIAN LICENCED AIRCRAFT ENGINEERS' ASSOCIATION

APPLICANT

AND: ANSETT AUSTRALIA LIMITED (subject to deed of company arrangement)

RESPONDENT

JUDGE: GYLES J

DATE OF ORDER: 26 MARCH 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: The applicant bring in short minutes of order to give effect to this judgment. 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 N 1158 OF 2002

BETWEEN: AUSTRALIAN LICENCED AIRCRAFT ENGINEERS' ASSOCIATION