Civil Air Operations Officers Association of Australia v Airservices Australia (No 2) [2021] FCA 993

Federal Court of Australia

Civil Air Operations Officers Association of Australia v Airservices Australia (No 2) [2021] FCA 993 File number: VID 628 of 2019

Judgment of: MURPHY J

Date of judgment: 20 August 2021

Catchwords: INDUSTRIAL LAW – alleged contraventions of s 50 of Fair Work Act 2009 (Cth) by reason of breaches of enterprise agreement found by the Fair Work Commission – contraventions established – whether appropriate to make declarations of contravention – relevant principles in relation to declaratory relief – declarations made – whether appropriate to order pecuniary penalties for contraventions – relevant principles in relation to pecuniary penalties – order for pecuniary penalties made – whether appropriate to order that pecuniary penalties be paid to the Applicant

Legislation: Crimes Act 1914 (Cth) Fair Work (Registered Organisations) Act 2009 (Cth) Fair Work Act 2009 (Cth) Airservices Australia (Air Traffic Control and Supporting Air Traffic Services) Enterprise Agreement 2017 -2020

Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union ("Cardigan St Case") [2018] FCA 957 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 113; 254 FCR 68 Australian Competition and Consumer Commission v Australian Safeway Stores Pty Ltd [1997] FCA 450 Australian Competition and Consumer Commission v Coles Supermarkets Australia Pty Ltd [2014] FCA 1405 Australian Competition and Consumer Commission v Construction, Forestry, Mining and Energy Union [2006] FCA 1730 Australian Competition and Consumer Commission v MSY Technology Pty Ltd [2012] FCAFC 56; 201 FCR 378 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; 340 ALR 25 Australian Competition and Consumer Commission v SMS Global Pty Ltd [2011] FCA 855 Civil Air Operations Officers Association of Australia v Airservices Australia [2020] FCA 1665 Civil Air Operations Officers Association v Airservices Australia T/A Airservices Australia [2019] FWC 2136 Construction, Forestry, Mining and Energy Union v Cahill [2010] FCAFC 39; 194 IR 461 Construction, Forestry, Mining and Energy Union v The Australian Industrial Relations Commission [2001] HCA 16; 203 CLR 645 Flight Centre Ltd v Australian Competition and Consumer Commission (No 2) [2018] FCAFC 53; 260 FCR 68 Forster v Jododex Australia Pty Limited [1972] HCA 61; 127 CLR 421 Mill v The Queen [1988] HCA 70; 166 CLR 59 Pattinson v Australian Building and Construction Commissioner [2020] FCAFC 177; 299 IR 404 TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia [2013] HCA 5; 251 CLR 533 Warrumunda Village Inc v Pryde [2001] FCA 61; 105 FCR 437