Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian and International Pilots Association v Qantas Airways Ltd [2014] FCA 32 Citation: Australian and International Pilots Association v Qantas Airways Ltd [2014] FCA 32
Parties: AUSTRALIAN AND INTERNATIONAL PILOTS ASSOCIATION v QANTAS AIRWAYS LIMITED
File number: NSD 254 of 2013
Judge: RARES J
Date of judgment: 6 February 2014
Corrigendum: 10 February 2014
Catchwords: INDUSTRIAL LAW – contracts of employment – implied terms – whether common law contract of employment contained term implied by law entitling employer to require employee who had taken extensive sick leave to provide a medical report and other information as to his condition, prognosis and likely return to work – term to be implied by law in contract where necessary for business efficacy – whether implied term amounts to interference with a workplace right – whether employee had a workplace right to elect form of evidence to be provided to employer as to his or her unfitness for duty – meaning of "adverse action" under the Fair Work Act s 340(1) – consideration of employer's obligation to comply with the Work Health and Safety Act 2011 (NSW) INDUSTRIAL LAW – principles of construction of industrial awards and analogous instruments made pursuant to statute – construction of certified agreement in light of its industrial context – whether certified agreement negated continued existence of contractual term entitling employer to make reasonable requirements of employee to provide medical information for legitimate purposes – proceedings dismissed
Legislation: Civil Aviation Safety Regulations 1998 (Cth) Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Fair Work Act 2009 (Cth) ss 107, 340 Work Health and Safety Act 2011 (NSW) ss 19, 28 Workplace Relations Act 1996 (Cth) s 254 Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 (Cth) Workplace Relations Amendment (Work Choices) Act 2005 (Cth)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate