Australian Federation of Air Pilots v Jetstar Airways Pty Ltd [2014] FCA 15

FEDERAL COURT OF AUSTRALIA

Australian Federation of Air Pilots v Jetstar Airways Pty Ltd [2014] FCA 15 Citation: Australian Federation of Air Pilots v Jetstar Airways Pty Ltd [2014] FCA 15

Parties: AUSTRALIAN FEDERATION OF AIR PILOTS v JETSTAR AIRWAYS PTY LTD

File number(s): VID 797 of 2012

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 pilots who had accepted offers of employment – whether pilots were "employed" under the agreement – whether contracts were conditional – whether employer-employee relationships created as from acceptance of offers or from subsequent commencement dates – Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) item 2(2) sch 16. INDUSTRIAL LAW – alleged contravention of Fair Work Act 2009 (Cth) s 344(e) – pilots offered option to enter into endorsement agreement for deduction of training costs from pay – whether requirement for pilots to repay costs of training constituted "undue influence or pressure" – "undue".

Legislation: Fair Work Act 2009 (Cth) s 344(e) Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) item 2(1), 2(c), 3(a) sch 3, item 2(2) sch 16 Workplace Relations Act 1996 (Cth) s 351

Cases cited: Campbell v Bank of Queensland Ltd [2011] QSC 122 Fowler v Commissioner of Taxation (2013) 212 FCR 149 John Holland Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (2009) 174 FCR 526 Perri v Coolangatta Investments Pty Ltd (1982) 149 CLR 537 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 Wesoky v Village Cinemas International Pty Ltd [2001] FCA 32