Ansett Transport Industries (Operations) Pty Ltd v Australian Federation of Air Pilots

Ansett Transport Industries (Operations) Pty Ltd sought judicial review of a decision by the Australian Industrial Relations Commission that found the company guilty of hindering or obstructing an authorised officer of the Australian Federation of Air Pilots. The authorised officer had been exercising powers under sections 286(1) and 306(a) of the Industrial Relations Act 1988 to inspect records and conduct interviews. The company argued that the Commission had erred in its interpretation of the Act, particularly regarding the obligation of employers to facilitate inspections and whether the deferral of a decision to allow inspection constituted hindrance or obstruction.

The court examined whether the employer was required to take proactive steps to facilitate the inspection and whether the employer's positive conduct was an essential element of the offence under section 306(a). Additionally, the court considered if the deferral of a decision to allow inspection could be construed as hindrance or obstruction. The court found that the Industrial Relations Commission had correctly interpreted the Act, emphasising that employers must reasonably cooperate with authorised officers in inspections and that the Act does not mandate positive conduct from employers but rather requires them to not hinder or obstruct the process.

The court upheld the decision of the Industrial Relations Commission, dismissing the appeal by Ansett Transport Industries. The court confirmed that employers have a duty to reasonably facilitate inspections and that the mere deferral of a decision, without more, does not necessarily constitute hindrance or obstruction. The final orders were that the appeal be dismissed, with settlement and entry of orders to be dealt with in accordance with Order 36 of the Federal Court Rules.