Qantas Airways Ltd v Australian Licensed Aircraft Engineers Association (No 2) [2020] FCA 951

FEDERAL COURT OF AUSTRALIA

Qantas Airways Ltd v Australian Licensed Aircraft Engineers Association (No 2) [2020] FCA 951 File number: NSD 527 of 2020

Judge: FLICK J

Date of judgment: 9 July 2020

Catchwords: INDUSTRIAL LAW – dispute resolution procedure – staged procedure – whether compliance with each stage is a mandatory requirement – whether substantial compliance sufficient INDUSTRIAL LAW – jurisdiction of Fair Work Commission to deal with a referral INDUSTRIAL LAW – principles of construction of enterprise agreements

Legislation: Fair Work Act 2009 (Cth) ss 738, 739 Industrial Relations Legislation Amendment Act 1992 (Cth) Industrial Relations Reform Act 1993 (Cth) Workplace Relations and Other Legislation Amendment Act 1996 (Cth)

Cases cited: Australian Financial Services & Leasing Pty Ltd v Hills Industries Limited [2014] HCA 14, (2014) 253 CLR 560 City of Wanneroo v Australian Municipal, Administrative, Clerical and Services Union [2006] FCA 813, (2006) 153 IR 426 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Qantas Airways Limited [2020] FCA 656 DP World (Fremantle) Ltd v Construction, Forestry, Maritime, Mining and Energy Union [2019] FWCFB 3965 Duggan v Metropolitan Fire and Emergency Services Board [2017] FCAFC 112, (2017) 251 FCR 1 Endeavour Energy v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2016] FCAFC 92, (2016) 244 FCR 178 Kucks v CSR Ltd (1996) 66 IR 182 Maersk Crewing Australia Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union [2019] FWCFB 7163 Qantas Airways Ltd v Australian Licensed Aircraft Engineers Association [2020] FCA 682 Transport Workers' Union of Australia v Linfox Australia Pty Ltd [2014] FCA 829, (2014) 318 ALR 54 WorkPac Pty Ltd v Skene [2018] FCAFC 131, (2018) 264 FCR 536