Federal Court of Australia
Federal Court of Australia
Civil Air Operations Officers' Association of Australia v Airservices Australia [2021] FCA 1313 File number: VID 1263 of 2019
Judgment of: BROMBERG J
Date of judgment: 27 October 2021
Catchwords: INDUSTRIAL LAW – alleged contraventions of s 50 of the Fair Work Act 2009 (Cth) – interpretation of enterprise agreement – enterprise agreement prescribed consultation in respect of significant workplace changes and rostering changes – whether significant changes and rostering changes were made without consultation – contravention of consultation clauses established – enterprise agreement provided for the status quo to be preserved during dispute resolution – contravention of the dispute resolution provision not established PRACTICE AND PROCEDURE – application for leave to amend pleadings – where there was no prejudice to either party – leave granted
Legislation: Air Services Act 1995 (Cth) s 16 Fair Work Act 2009 (Cth) ss 14, 50, 186, 205, 557
Cases cited: Anthony Hordern and Sons Ltd v Amalgamated Clothing and Allied Trades Union of Australia (1932) 47 CLR 1 Smith v The Queen (1994) 181 CLR 338 WorkPac Pty Ltd v Skene (2018) 264 FCR 536
Division: Fair Work Division
Registry: Victoria
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 167
Date of hearing: 9, 10 and 19 March 2021
Counsel for the Applicant: Ms S Kelly
Solicitor for the Applicant: Civil Air Operations Officers' Association of Australia
Counsel for the Respondent: Mr C O'Grady QC with Mr A Bell
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