Qantas Airways Ltd v Transport Workers' Union of Australia (No 2) [2011] FCA 816

FEDERAL COURT OF AUSTRALIA

Qantas Airways Ltd v Transport Workers' Union of Australia (No 2) [2011] FCA 816 Citation: Qantas Airways Ltd v Transport Workers' Union of Australia (No 2) [2011] FCA 816

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: 22 July 2011

Catchwords: INDUSTRIAL LAW – compensation for loss and damage to "remedy the effect" of conduct contravening s 494 of the Workplace Relations Act – discretion of court when ordering compensation to be paid in order to "remedy the effects" – time to pay – penalties – whether contraventions occurred as a single course of conduct – whether respondents should be ordered to pay multiple penalties for organising industrial action in four locations COSTS – whether s 824(1) of the Workplace Relations Act allows costs to be ordered against an applicant when there are non-industrial federal claims within a proceeding that are dismissed – whether proceedings alleging contravention of s 494 ultimately not pursued instituted vexatiously or without reasonable cause – whether secondary proceedings instituted by Ombudsman broadly similar to primary proceedings were "reasonable" – discretion to order costs against if not