Federal Court of Australia
Federal Court of Australia
Thacker v Airservices Australia [2024] FCA 1507 File number(s): VID 1365 of 2024
Judgment of: DOWLING J
Date of judgment: 20 December 2024
Catchwords: PRACTICE AND PROCEDURE –where the applicant sought interlocutory reinstatement pursuant to s 545 of the Fair Work Act 2009 (Cth) – serious question to be tried whether applicant's dismissal was in contravention of s 351 of the Act – whether applicant had met the requirements to be an aviation firefighter – whether balance of convenience favoured the reinstatement on an interlocutory basis – held: serious question to be tried whether the applicant had met the requirements to be an aviation firefighter – balance of convenience favoured reinstatement – interlocutory reinstatement ordered
Legislation: Fair Work Act 2009 (Cth) ss 342, 351, 361, 365, 545 Civil Aviation Safety Regulations 1988 (Cth) regs 67.155, 67.180, 139.840
Cases cited: Australian Broadcasting Corporation v O'Neill [2006] HCA 46; 227 CLR 57 Chan v Commonwealth of Australia as represented by the NDIS Quality and Safeguards Commission [2023] FCA 1458 Communications, Electrical, Electronic, Energy, Information, Postal and Allied Services Union of Australia v Dee Vee Pty Ltd [2012] FCA 988 Quinn v Overland [2010] FCA 799; 199 IR 40 Samsung Electronics Co Ltd v Apple Inc [2011] FCAFC 156; 217 FCR 238 Shizas v Commissioner of Police [2017] FCA 61; 268 IR 71 Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth [2009] FCA 595; 81 IPR 339 Trego v Wesbeam Pty Ltd [2019] FCA 1030 Western Union Business Solutions (Australia) Pty Ltd v Robinson [2019] FCAFC 181; 272 FCR 547 Wong v National Australia Bank [2022] FCAFC 155; 318 IR 148
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