Australian and International Pilots Association v Jetstar Airways Pty Ltd [2014] FCA 14

FEDERAL COURT OF AUSTRALIA

Australian and International Pilots Association v Jetstar Airways Pty Ltd [2014] FCA 14 Citation: Australian and International Pilots Association v Jetstar Airways Pty Ltd [2014] FCA 14

Parties: AUSTRALIAN AND INTERNATIONAL PILOTS ASSOCIATION, BRENDAN KENT, ROHAN DYMANNA, JAMES COSTA, ADAM TRIGGS, STEVEN ANDREW DE VETH and THIM KAH LEONG NG v JETSTAR AIRWAYS PTY LTD

File number(s): VID 212 of 2013

Judge(s): PAGONE J

Date of judgment: 29 January 2014

Catchwords: CONTRACTS – alleged breach of workplace agreement – clause in agreement for training and repayment of associated training costs – whether workplace agreement applied to a pilot who had accepted offer of employment – whether requirement for employee cadet pilots to make payments in excess of capped amount was in breach of the workplace agreement – whether agreement contemplated initial endorsement training required to secure employment. INDUSTRIAL LAW – alleged contravention of Fair Work Act 2009 (Cth) s 325(1) – requirement for cadet pilots to pay facilitation fee associated with training – whether facilitation fee was "unreasonable in the circumstances".

Legislation: Fair Work Act 2009 (Cth) s 325(1)

Date of hearing: 12 December 2013

Date of last submissions: 12 December 2013

Place: Melbourne

Division: FAIR WORK DIVISION

Category: Catchwords

Number of paragraphs: 17

Counsel for the Applicants: Mr M McKenney

Solicitor for the Applicants: Australian and International Pilots Association

Counsel for the Respondent: Mr F Parry SC with Mr P Wheelahan

Solicitor for the Respondent: Herbert Smith Freehills