Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Licensed Aircraft Engineers' Association v Qantas Airways Limited [2019] FCA 989 File number: NSD 1171 of 2018
Judge: RARES J
Date of judgment: 24 May 2019
Catchwords: INDUSTRIAL LAW – principles of construction of enterprise agreement – tenth agreement in series of enterprise and analogous agreements – role of industrial context and history – where context and history mutually known – where longstanding clause included in current and past enterprise agreements provided for recognition of new qualifications gained externally in specific circumstances only – where new clause added to current enterprise agreement allowed employer to recognise new qualifications gained externally in circumstances contrary to longstanding clause – whether employer contravened enterprise agreement by recognising employee's new qualifications under new clause
Legislation: Fair Work Act 2009 (Cth) ss 50, 185 Workplace Relations Act 1996 (Cth) s 170LS
Cases cited: Energy Australia Yallourn Pty Limited v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (known as the Australian Manufacturing Workers Union) (2018) 363 ALR 60 Treasury Wine Estates Vintners Limited v Pearson [2019] FCAFC 21
Date of hearing: 24 May 2019
Registry: New South Wales
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 39
Counsel for the Applicant: Mr M Gibian SC
Solicitor for the Applicant: Maurice Blackburn
Counsel for the Respondent: Mr M J Follett
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