Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian and International Pilots Association v Qantas Airways Limited (No 2) [2007] FCA 581
PRACTICE AND PROCEDURE – Pleadings – Whether claims properly pleaded – Further amended statement of claim previously struck out – Leave granted to replead – Respondent seeking to strike out second amended statement of claim – Pleading embarrassing - Motion successful INDUSTRIAL LAW – Conduct by employer – Respondent's decision to provide Jetstar with four Qantas airbuses, but not permitting those aircraft to be crewed by its Qantas employees - Applicant has failed to plead facts establishing a breach of s 298K Workplace Relations Act 1996 (Cth) – s 298K repealed on 27 March 2006 and superseded by s 792 of the Amended act - Applicant has failed to plead a cause of action under s 792 of the Amended Act Workplace Relations Act 1996 (Cth) ss 298K, 298K(1)(b), 298K(1)(c) Workplace Relations Amendment (Workchoices) Act 2005 ss 792, 792(1), 792(4) Australian and International Pilots Association v Qantas Airways Limited [2006] FCA 1441 referred to AUSTRALIAN AND INTERNATIONAL PILOTS ASSOCIATION v QANTAS AIRWAYS LIMITED (NO 2) VID 251 Of 2006
TRACEY J
27 APRIL 2007
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 251 OF 2006
BETWEEN: AUSTRALIAN AND INTERNATIONAL PILOTS ASSOCIATION
Applicant
AND: QANTAS AIRWAYS LIMITED
Respondent
JUDGE: TRACEY J
DATE OF ORDER: 27 APRIL 2007
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The applicant's second further amended statement of claim be struck out. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 251 Of 2006
BETWEEN: AUSTRALIAN AND INTERNATIONAL PILOTS ASSOCIATION
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