Transport Workers' Union of Australia v Qantas Airways Limited (No 3) [2021] FCA 1339

Federal Court of Australia

Transport Workers' Union of Australia v Qantas Airways Limited (No 3) [2021] FCA 1339 File number: NSD 1309 of 2020

Judgment of: LEE J

Date of judgment: 1 October 2021

Catchwords: EMPLOYMENT LAW – further steps to resolve controversy required – question of remedial response – reinstatement – statutory compensation – pecuniary penalty – issue as to whether reinstatement is an appropriate remedy raised – large number of individuals affected – s 545 of the Fair Work Act 2009 (Cth) – discretionary power of the Court where contravention of a civil remedy provision – where Qantas opposes hearing and seeks delay – suggested limited ability to confer with solicitors in preparation of evidence during pandemic lockdown – alleged failure of Union to make concessions – alleged insufficient hearing time – suggested need to accommodate counsel's convenience – rushed hearing alleged – risk of imperilling the question of relief – bifurcation of issue of reinstatement

Legislation: Acts Interpretation Act 1901 (Cth) s 33(2A) Fair Work Act 2009 (Cth) ss 340(1)(b), 545, 546, 570 Federal Court of Australia Act 1976 (Cth) Pt VB; s 37P(2) Federal Court Rules 2011 (Cth) r 30.01

Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (CFMEU) [2018] HCA 3; (2018) 262 CLR 157 Maritime Union of Australia v Fair Work Ombudsman [2015] FCAFC 120 Qantas Airways Limited v Transport Workers' Union of Australia [2021] FCA 1136 Transport Workers' Union of Australia v Qantas Airways Limited (No 2) [2021] FCA 1012 Transport Workers' Union of Australia v Qantas Airways Limited [2021] FCA 873