Qantas Airways Ltd v Transport Workers' Union of Australia [2011] FCA 470

FEDERAL COURT OF AUSTRALIA

Qantas Airways Ltd v Transport Workers' Union of Australia [2011] FCA 470 Citation: Qantas Airways Ltd v Transport Workers' Union of Australia [2011] FCA 470

Parties: QANTAS AIRWAYS LTD v TRANSPORT WORKERS' UNION OF AUSTRALIA, TONY SHELDON, MICK PIERI, SCOTT CONNOLLY, JOHN LOADER, ALEX GALLACHER, MICHAEL MAGREE, MATTHEW SPRING and RICK BURTON FAIR WORK OMBUDSMAN v TRANSPORT WORKERS' UNION OF AUSTRALIA, TRANSPORT WORKERS' UNION OF AUSTRALIA QUEENSLAND BRANCH, ANTHONY SHELDON, SCOTT CONNOLLY, JOHN LOADER and RICK BURTON

File numbers: NSD 340 of 2009 NSD 1204 of 2009

Judge: MOORE J

Date of judgment: 13 May 2011

Catchwords: INDUSTRIAL LAW – whether conduct constituted industrial action in contravention of s 494 of the Workplace Relations Act – whether conduct of union delegates and officials can be taken to be conduct of union – whether authorisation or agreement of the employer under s 420(1)(e) can be given after conduct has occurred – whether applicant made false or misleading statements contravening s 401. TORTS – whether tort of interference with trade or business a part of common law of Australia – whether tort of inducing breach of contract made out – vicarious liability of employer – nuisance. CONTRACTS – "four hour rule" - contractual obligations of the employee under contract of employment where the employer cannot discharge its contractual obligation to pay the employee for at least four hours by operation of s 507 of the Workplace Relations Act. TRADE PRACTICES – secondary boycott – meaning of conduct "in concert" – "dominant purpose" PRACTICE AND PROCEDURE – role of the court where "gap" exists in legislation – scope of the power to make an order for compensation to remedy the effects of industrial action.