Federal Court of Australia
Federal Court of Australia
Civil Air Operations Officers' Association of Australia v Airservices Australia (No 2) [2022] FCA 1077 File number: VID 1132 of 2018
Judgment of: SNADEN J
Date of judgment: 14 September 2022
Catchwords: INDUSTRIAL LAW – contraventions of s 50 of the Fair Work Act 2009 (Cth) – failure to consult on changes to policy – where failure amounted to contraventions of enterprise agreement – whether contraventions warrant declaratory relief and/or imposition of penalties – utility in making declarations – determination of appropriate penalty – whether permissible and appropriate to impose a single penalty in respect of multiple contraventions – significance of further contraventions committed later in time – nature and seriousness of contravening conduct – impact of conduct on employees – contrition and corrective measures – course of conduct – declaratory relief not appropriate – penalties imposed
Legislation: Air Services Act 1995 (Cth) Fair Work (Registered Organisations) Act 2009 (Cth) ss 50, 539, 545, 546, 557 Federal Court of Australia Act 1976 (Cth) s 21
Cases cited: Australian Building and Construction Commissioner v Australian Workers' Union [2022] FCAFC 143 Australian Building and Construction Commissioner v Construction, Forestry, Maritime, Mining and Energy Union (College Crescent Case) (2020) 295 IR 446 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (CFMEU) (2017) 254 FCR 68 Australian Building and Construction Commissioner v Pattinson (2022) 175 ALD 383 Civil Air Operations Officers Association of Australia v Airservices Australia [2021] FCA 1313 Civil Air Operations Officers' Association of Australia v Airservices Australia (No 2) [2021] FCA 993 Civil Air Operations Officers' Association of Australia v Airservices Australia (No 2) [2021] FCA 993 Civil Air Operations Officers' Association of Australia v Airservices Australia [2019] FCA 1542 Civil Air Operations Officers' Association of Australia v Airservices Australia [2021] FCA 1030 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v QR Ltd (No 2) [2010] FCA 652 Construction, Forestry, Maritime, Mining and Energy Union v Milin Builders Pty Ltd [2019] FCA 1070 Construction, Forestry, Mining and Energy Union v Cahill (2010) 269 ALR 1 Temple v Powell (2008) 169 FCR 169 Transport Workers' Union of Australia v Registered Organisations Commissioner (No 2) (2018) 267 FCR 40
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