Australian Federation of Air Pilots v Skywest Airlines Pty Ltd [1995] IRCA 586

CATCHWORDS INDUSTRIAL LAW - AWARD - Interpretation of award - whether employer is a successor, assignee or transmittee of the business of the respondent - Breach or non observance of award Industrial Relations Act 1988 ss 149, 178 Conciliation and Arbitration Act 1904 ss 61, 88ZB Industrial Relations (Consequential Provisions) Act 1988 s7

Re Australian Industrial Relations Commission and others; Ex parte Australian Transport Officers Federation and others (1990) 171 CLR 216, 230-231 Re Anti-Cancer Council, Ex parte State Public Service Federation (1992) 175 CLR 442, 448. Meat & Allied Trades Federation of Australia v Australasian Meat Industry Employees Union (1995) 58 IR 90, 94 Short v F W Hercus Pty Limited (1993) 40 FCR 511, 518-519, 523 Western Newspapers Pty Limited and Another v Warren (1994) 1 IRCR 393, 405. Re Australian Transport Officers Federation [1991] 11 CAR 488 No. VI 3549 of 1995 AUSTRALIAN FEDERATION OF AIR PILOTS -v- SKYWEST AIRLINES PTY LTD Marshall J Melbourne 31 October 1995

IN THE INDUSTRIAL RELATIONS) ) COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) No. VI 3549 of 1995 AUSTRALIAN FEDERATION OF AIR PILOTS Applicant SKYWEST AIRLINES PTY LTD Respondent JUDGE: Marshall J PLACE: Melbourne DATE: 31 October 1995 ORDER THE COURT ORDERS THAT:

1. It is declared that the respondent has committed a breach or non observance of clause 30 of the Skywest Airlines Pty Ltd Pilots' Agreement 1986 on and from 8 September 1994 and continuing, by failing to maintain the Pilots' System Seniority List provided for in the award. 2. It is declared that the respondent has committed a breach or non observance of subclause 30F of clause 30 of the award by failing in or about September or October 1994 to assign Captain C Batty to any of the three available assignments of first officer on J31 aircraft at Perth and did instead assign to one of those positions a person who did not have seniority over Captain Batty in the Pilots System Seniority List. 3. The matter is adjourned until 9.30 a.m. on 27 November 1995 for the Court to hear submissions as to the question of the penalty, if any, which should be imposed upon the respondent. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules.