Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian and International Pilots Association v Qantas Airways Limited [2011] FCA 1487 Citation: Australian and International Pilots Association v Qantas Airways Limited [2011] FCA 1487
Parties: AUSTRALIAN AND INTERNATIONAL PILOTS ASSOCIATION and JASON THOMAS HYDE v QANTAS AIRWAYS LIMITED (ACN 009 661 901)
File number: VID 1462 of 2011
Judge: DODDS-STREETON J
Date of judgment: 20 December 2011
Catchwords: INDUSTRIAL LAW – Application for interlocutory injunction to restrain base transfer of employee pilots – Transfer alleged to breach seniority provisions in applicable enterprise bargaining agreements – Applicants claimed that relevant provisions of enterprise bargaining agreements were incorporated into second applicant's contract of employment – Whether serious question to be tried that the transfer would breach second applicant's contract of employment – Whether balance of convenience favours grant of interlocutory relief
Legislation: Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), Schedule 16 items 2(2), 16, 17
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 applied Bradto Pty Ltd v State of Victoria (2006) 15 VR 65 applied Byrne v Australian Airlines Ltd (1995) 185 CLR 410 considered Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 cited
Date of hearing: 19 December 2011
Date of last submissions: 19 December 2011
Place: Melbourne
Division: FAIR WORK DIVISION
Category: Catchwords
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