Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Licenced Aircraft Engineers Association v Sunstate Airlines (Qld) Pty Ltd [2012] FCA 1222 Citation: Australian Licenced Aircraft Engineers Association v Sunstate Airlines (Qld) Pty Ltd [2012] FCA 1222
Parties: AUSTRALIAN LICENCED AIRCRAFT ENGINEERS ASSOCIATION v SUNSTATE AIRLINES (QLD) PTY LTD
File number: QUD 474 of 2010
Judge: LOGAN J
Date of judgment: 6 November 2012
Catchwords: INDUSTRIAL LAW – workplace right – Fair Work Act 2009 (Cth) s 340, s 341 – whether duties of licenced aircraft maintenance engineers found in reg 51 and reg 215(9) of the Civil Aviation Regulations 1988 (Cth) constitute a "workplace right" – whether in any event decision-maker intended to injure employees concerned by reason of their exercise or proposed exercise of alleged "workplace right" Held: provisions of Civil Aviation Regulations 1988 (Cth) do not constitute a workplace right and in any event, decision-maker had no intention to injure the employees by reason of exercise or proposed exercise of alleged "workplace right"
Legislation: Civil Aviation Act 1988 (Cth) Conciliation and Arbitration Act 1904 (Cth) s 5 Fair Work Act 2009 (Cth) ss 3, 12, 14, 26, 247, 334, 340, 341, 342, 360, 361, 388, 431, 539, 546, 551 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Industrial Relations Act 1988 (Cth) s 324 Legislative Instruments Act 2003 (Cth) Workplace Relations Act 1996 (Cth) s 793 Civil Aviation Regulations 1988 (Cth) reg 30, reg 43, reg 51, reg 215, reg 251
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