Federal Court of Australia
Federal Court of Australia
Corporate Air Charter Pty Ltd v Australian Federation of Air Pilots [2024] FCA 1225 Appeal from: Australian Federation of Air Pilots v Corporate Air Charter Pty Ltd [2023] SAET 63 Australian Federation of Air Pilots v Corporate Air Charter Pty Ltd (No 2) [2024] SAET 23 Australian Federation of Air Pilots v Corporate Air Charter Pty Ltd (No 3) [2024] SAET 36
File number: SAD 89 of 2024
Judgment of: LOGAN J
Date of judgment: 18 October 2024
Catchwords: PRACTICE AND PROCEDURE – where Qantas Airways Ltd (Qantas) applied pursuant to r 9.12 of the Federal Court Rules 2011 (Cth) to intervene in an industrial appeal from the South Australian Employment Court (the appeal) – where the appeal concerned, in part, the construction of the Air Pilots Award 2020 (and its 2010 predecessor) (collectively, the Awards) and whether stand-by duty performed by pilots constituted regular work – where Qantas (and its subsidiaries) is the largest employer of pilots in Australia and that employment is regulated by enterprise agreements (rather than the Awards directly) – whether Qantas' intervention would provide "useful and different" submissions to those made by the parties – whether Qantas a direct or indirect legal interest in the proceedings and to what extent that interest would be affected by the appeal determination – intervention application dismissed INDUSTRIAL LAW – where Qantas Airways Ltd (Qantas) applied pursuant to r 9.12 of the Federal Court Rules 2011 (Cth) to intervene in an industrial appeal from the South Australian Employment Court (the appeal) – where the appeal concerned, in part, the construction of the Air Pilots Award 2020 (and its 2010 predecessor) (collectively, the Awards) and whether stand-by duty performed by pilots constituted regular work – where Qantas (and its subsidiaries) is the largest employer of pilots in Australia and that employment is regulated by enterprise agreements (rather than the Awards directly) – whether Qantas' intervention would provide "useful and different" submissions to those made by the parties – whether Qantas a direct or indirect legal interest in the proceedings and to what extent that interest would be affected by the appeal determination – intervention application dismissed
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