Civil Air Operations Officers' Association of Australia v Airservices Australia [2021] FCA 1030

Federal Court of Australia

Civil Air Operations Officers' Association of Australia v Airservices Australia [2021] FCA 1030 File number: VID 1132 of 2018

Judgment of: SNADEN J

Date of judgment: 30 August 2021

Catchwords: INDUSTRIAL LAW – alleged contraventions of s 50 of Fair Work Act 2009 (Cth) – construction of enterprise agreement – clause of enterprise agreement provided for reimbursement of employee relocation expenses in certain circumstances – whether circumstances engaged – circumstances not engaged – no contravention of relocation clause – clause of enterprise agreement provided for consultation on certain changes – whether respondent effected changes in policies without requisite consultation –contravention of consultation clause established PRACTICE AND PROCEDURE – application for leave to amend pleadings after the close of evidence – r 16.53 of Federal Court Rules – where applicant sought imposition of penalties – leave to amend prejudicial to respondent – leave refused

Legislation: Air Services Act 1995 (Cth) s 7 Fair Work Act 2009 (Cth) ss 12, 50, 53, 539, 545, 546

Cases cited: Australian Building and Construction Commissioner v Hall (2018) 261 FCR 347 Australian Liquor, Hospitality and Miscellaneous Workers Union v Prestige Property Services Pty Ltd (2005) 149 FCR 209 BP Australia Pty Ltd v Nyran Pty Ltd (2003) 198 ALR 442 Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 Construction, Forestry, Mining and Energy Union v Hail Creek Coal Pty Ltd [2015] FCAFC 149 Health Services Union v Ballarat Health Services [2011] FCA 1256 Shop Distributive and Allied Employees' Association v Woolworths Limited (2006) 151 FCR 513 Tamaya Resources Ltd (in Liq) v Deloitte Touch Tohmatsu (a Firm) Re Tamaya Resources Ltd (in Liq) [2015] FCA 1098 Tamaya Resources Ltd (In Liq v Deloitte Touche Tohmatsu (A Firm) (2016) 332 ALR 199 WorkPac Pty Ltd v Skene (2018) 264 FCR 536