John Baillie Christie v Qantas Airways Limited Dallas John William Allman v Australian Airlines Limited [1995] IRCA 197

EMPLOYMENT - Two claims of unlawful termination by airline pilots - Competency of applications - Whether employment of one applicant was terminated by employer or by effluxion of time - Whether other applicant was excluded from claiming by the fact that his salary exceeded $60,000 per year and was not fixed by an award - Meaning of "employed under award conditions" - Meaning of "inherent requirements of the particular position" - Whether being aged less than 60 years is an inherent requirement of a position as a pilot - Whether there is a medical justification for requiring pilots to retire at 60 - Acceptability of a system of individual screening - Operational difficulties that would be caused by restrictions imposed by foreign governments on over-60 pilots. Whether these difficulties made being under 60 years an inherent requirement of a position as a B747-400 captain. Industrial Relations Act 1988, ss.170CD, 170DF, 170EDA and 170EE. No. NI. 879 of 1994 JOHN BAILLIE CHRISTIE v. QANTAS AIRWAYS LIMITED AND No. NI. 664 of 1994 DALLAS JOHN WILLIAM ALLMAN v. AUSTRALIAN AIRLINES LIMITED CORAM: WILCOX CJ PLACE: ADELAIDE (HEARD IN SYDNEY) DATE: 12 MAY 1995

IN THE INDUSTRIAL RELATIONS COURT) OF AUSTRALIA ) No. NI. 879 of 1994 NEW SOUTH WALES DISTRICT REGISTRY) BETWEEN: JOHN BAILLIE CHRISTIE Applicant AND: QANTAS AIRWAYS LIMITED Respondent CORAM: WILCOX CJ PLACE: ADELAIDE (HEARD IN SYDNEY) DATE: 12 MAY 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The proceeding be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.

IN THE INDUSTRIAL RELATIONS COURT) OF AUSTRALIA ) No. NI. 664 of 1994 NEW SOUTH WALES DISTRICT REGISTRY) BETWEEN: DALLAS JOHN WILLIAM ALLMAN Applicant AND: AUSTRALIAN AIRLINES LIMITED Respondent CORAM: WILCOX CJ PLACE: ADELAIDE (HEARD IN SYDNEY) DATE: 12 MAY 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The respondent, Australian Airlines Limited, reinstate the applicant, Dallas John William Allman, by reappointing him to the position in which he was employed immediately before the termination of his employment on 7 August 1994. 2. For all purposes, the said respondent treat the said applicant as having been continuously employed by it from the date of termination to the date of reinstatement. 3. The said respondent pay to the said applicant the remuneration lost by him because of the termination. Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.