The following employment law cases have been reported:
Enterprise agreements: stand down orders made by Qantas and Jetstar upheld by full court
The full Federal Court held that 2 airline carriers were not responsible for the stoppage of work that led to employees being stood down at the beginning of the COVID-19 pandemic, however the full court declined to make an order restraining the Fair Work Commission (FWC) from determining whether those employees could be usefully employed in any event.
Australian Licensed Aircraft Engineers Association v Qantas Airways Ltd (2022) 74 AILR ¶103-486; [2022] FCAFC 50, 1 April 2022.
Enterprise agreements: scope orders made after “defective” bargaining process
A majority of the Full Bench of the FWC overturned a first instance decision and made scope orders concerning the coverage of a proposed enterprise agreement after the employer failed to detail classifications and thereby rendered the process “defective”.
CEPU & Ors v Utilities Management Pty Ltd (2022) 74 AILR ¶103-485; [2022] FWCFB 42, 25 March 2022.
Termination of employment: trainer reinstated after being accused of “lewd” demonstration
The FWC ordered that an aviation safety training instructor be reinstated after he was accused of “lewd” behaviour during a training session, which included starring at a female employee’s breasts.
Pecuniary penalties: High Court held that the CFMMEU’s history of contravening conduct relevant in imposing penalties
The High Court...
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