Australian Licenced Aircraft Engineers Association v Qantas Airways Limited [2020] FCA 166

FEDERAL COURT OF AUSTRALIA

Australian Licenced Aircraft Engineers Association v Qantas Airways Limited [2020] FCA 166 File number: NSD 1537 of 2018

Judge: JAGOT J

Date of judgment: 20 February 2020

Catchwords: INDUSTRIAL LAW – applicants seek declarations of contraventions of various provisions of the Licensed Aircraft Engineers (Qantas Airways Limited) Workplace Determination 2010, the Licensed Aircraft Engineers (Qantas Airways Limited) Enterprise Agreement 10 and employment contracts – construction of industrial instruments – whether the agreement for alternative work schedule was an agreement for the purposes of clause 24.9.2 of the industrial instruments – whether employees "affected in the workplace" includes employees not covered by the industrial instruments – construction of cll 24.4.2 and 24.9.2– alleged failure by the respondent to pay applicants double time for work in "excess of ordinary working hours" – whether respondent is liable for travel for duty allowance or accommodation where applicants were "required to travel for duty" away from their "home base" within the meaning of cll 40.1 and 40.2 – whether respondent contravened ss 50 and 280 Fair Work Act 2009 (Cth) – contravention of civil penalty provision – whether respondent contravened s 343 Fair Work Act 2009 (Cth)

Legislation: Fair Work Act 2009 (Cth) ss 12, 34, 38, 50, 280, 343

Cases cited: Amcor Limited v Construction Forestry Mining and Energy Union [2005] HCA 10; (2005) 222 CLR 241 Australian Nursing and Midwifery Federation v Eastern Health [2013] FCAFC 137 Construction, Forestry, Maritime, Mining and Energy Union v Hay Point Services Pty Ltd [2018] FCAFC 182; (2018) 282 IR 228 Patrick Stevedores Holdings Pty Limited v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCA 451; 286 IR 52 WorkPac Pty Ltd v Skene [2018] FCAFC 131; (2018) 280 IR 191