Civil Air Operations Officers' Association of Australia v Airservices Australia (No 2) [2023] FCA 104

Federal Court of Australia

Civil Air Operations Officers' Association of Australia v Airservices Australia (No 2) [2023] FCA 104 File number: VID 1263 of 2019

Judgment of: BROMBERG J

Date of judgment: 17 February 2023

Catchwords: INDUSTRIAL LAW – pecuniary penalty – contraventions of s 50 of the Fair Work Act 2009 (Cth) in relation to failures to comply with consultation obligations imposed by an enterprise agreement – consideration of relevant factors in assessment of penalty – penalties imposed

Legislation: Fair Work Act 2009 (Cth) Air Services Act 1995 (Cth) Civil Aviation Safety Regulations 1998 (Cth)

Cases cited: Airservices Australia v Civil Air Operations Officers' Association of Australia [2022] FCAFC 172 Australian Building and Construction Commissioner v Pattinson [2022] HCA 13; (2022) 399 ALR 599 Civil Air Operations Officers' Association of Australia v Airservices Australia [2002] FCA 454 Civil Air Operations Officers' Association of Australia v Airservices Australia [2021] FCA 1313 Civil Air Operations Officers' Association of Australia v Airservices Australia [2019] FCA 1542 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 [2021] FCA 1030; (2021) 309 IR 443 Civil Air Operations Officers' Association of Australia v Airservices Australia (No 2) [2022] FCA 1077 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v QR Limited (No 2) [2010] FCA 652 R v McInerney (1986) 42 SASR 111 Sayed v Construction, Forestry, Mining and Energy Union (2016) 239 FCR 336 Trade Practices Commission v CSR Limited (1991) ATPR 41–076