Aerocare Flight Support Pty Ltd t/a Aerocare Flight Support v Transport Workers Union of Australia; Australian Municipal Administrative Clerical and Services Union

Aerocare Flight Support Pty Ltd, trading as Aerocare Flight Support, initiated legal action against the Transport Workers Union of Australia and the Australian Municipal Administrative Clerical and Services Union. The dispute centres on the unions' industrial action against Aerocare, which they claim contravenes the Fair Work Act 2009. The case was heard by the Fair Work Commission (FWC) and subsequently appealed to the Federal Circuit Court of Australia.

The legal issues before the court encompassed the interpretation and application of the Fair Work Act, particularly sections 411 and 412, which pertain to the protection of non-participating employees. The unions argued that their industrial action was protected under the Act, while Aerocare contended that the action was unlawful as it adversely affected non-participating employees. The court was tasked with determining the validity of the unions' actions and whether they complied with the legislative requirements.

In its reasoning, the court examined the evidence and submissions from both parties. It concluded that the unions' industrial action did indeed contravene the Fair Work Act by affecting non-participating employees in a manner not permitted by the Act. The court found that the unions had failed to comply with the requirements for lawful industrial action. Consequently, the appeal was upheld, and the decision of the FWC was set aside.

The final orders of the court included the reinstatement of the FWC's original decision that the industrial action was unlawful and that the unions were to compensate Aerocare for the losses incurred as a result of the action.