Australian Licenced Aircraft Engineers Association v International Aviations Service Assistance Pty Ltd [2011] FCA 333

FEDERAL COURT OF AUSTRALIA

Australian Licenced Aircraft Engineers Association v International Aviations Service Assistance Pty Ltd [2011] FCA 333 Citation: Australian Licenced Aircraft Engineers Association v International Aviations Service Assistance Pty Ltd [2011] FCA 333

Parties: AUSTRALIAN LICENCED AIRCRAFT ENGINEERS ASSOCIATION v INTERNATIONAL AVIATION SERVICE ASSISTANCE PTY LTD

File number(s): WAD 17 of 2010

Judge: BARKER J

Date of judgment: 8 April 2011

Catchwords: INDUSTRIAL LAW – general protection claim involving dismissal – application for compensation and pecuniary penalty for contravention of the Fair Work Act 2009 (Cth) – application for declarations that the respondent contravened general protection provisions of the Fair Work Act 2009 (Cth) – whether adverse action taken against employee by employer in breach of s 340(1) and s 346(1) of the Fair Work Act 2009 (Cth) –whether objective facts proved to establish contravention of workplace rights to enliven s 361 reverse onus – s 361 reverse onus enlivened – no evidence adduced of decision-making process of respondent in respect of adverse actions – s 361 reverse onus not discharged INDUSTRIAL LAW – jurisdictional issue - whether the employment agreement described as an ITEA is a "workplace instrument" for the purposes of s 340 of the Fair Work Act 2009 (Cth) – "workplace instrument" defined to be an instrument made under, or recognised by, a "workplace law" for the purposes of s 12 of the Fair Work Act 2009 (Cth) - where the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) provides for the continued existence of an ITEA – whether the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) regulates relationships between employers and employees so that it is a "workplace law" INDUSTRIAL LAW – jurisdictional issue - whether applicant required to plead and prove there is an ITEA – where respondent has pleaded in its defence that an ITEA was made and that the employee had the benefit of it – pleading treated as an admission that the ITEA was an ITEA for the purposes of the Fair Work Act 2009 (Cth) INDUSTRIAL LAW – jurisdictional issue - whether Fair Work Act 2009 (Cth) applies to pre-1 July 2009 conduct – whether there is a relevant "workplace law" to support the "workplace right" – found "workplace right" not limited to an entitlement or ability that arises under the Fair Work Act 2009 (Cth) INDUSTRIAL LAW – whether order under s 545 Fair Work Act 2009 (Cth) may order compensation for non economic loss such as distress, hurt and humiliation INDUSTRIAL LAW – payment of interest under s 51A Federal Court Act of Australia 1976 (Cth) as part of judgment sum on compensation ordered under s 545 Fair Work Act 2009 (Cth)