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Flight Attendants' Association of Australia International Division v Virgin Australia t/a Virgin Australia Airlines Pty Ltd

Flight Attendants' Association of Australia International Division v Virgin Australia t/a Virgin Australia Airlines Pty Ltd

Case [2018] FWC 3017

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AGLC: Flight Attendants' Association of Australia International Division v Virgin Australia t/a Virgin Australia Airlines Pty Ltd [2018] FWC 3017
Case: [2018] FWC 3017
Decision Date: 12 june 2018

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Citations

Flight Attendants' Association of Australia International Division v Virgin Australia t/a Virgin Australia Airlines Pty Ltd [2018] FWC 3017

Most Recent Citation

McIlroy-Ranga v Torres Strait Island Regional Council (No. 2) [2023] QIRC 33

Cases Citing This Decision

McIlroy-Ranga v Torres Strait Island Regional Council (No. 2) [2023] QIRC 33
Citation 1 (Para 2)

…FWC 2507, [63]-[67]; Flight Attendants Association of Australia – International Division v Virgin Australia t/as Virgin Australia Airlines Pty Ltd [2018] FWC 3017.…

Cases Cited

Statutory Material Cited

AMWU v Berri Pty Ltd [2017] FWCFB 3005
Citation 1 (Para 1)

…to the principles of construction as outlined in Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) v Berri Pty Ltd [2017] FWCFB 3005 ( ‘Berri ’). Ms Garcia’s principal submission was that there is no ambiguity in cl 38.7. The clause contains a reference to ‘time free of duty’ inclu…
Construction, Forestry, Mining and Energy Union v Broadspectrum Australia Pty Ltd [2017] FWCFB 269
Citation 2 (Para 1)

…Wilson Security [2015] FWC 2507 at [63] to [67]; and Construction, Forestry, Mining and Energy Union v Broadspectrum Australia Pty Ltd [2017] FWCFB 269 at [100] to [101].…
AMIEU v Golden Cockerel Pty Ltd [2014] FWCFB 7447
Citation 3 (Para 1)

…lative framework, necessitated a refinement of these principles from The Australasian Meat Industry Employees Union v Golden Cockerel Pty Limited [2014] FWCFB 7447 (‘ Golden Cockerel ’); but some of the basic fundamentals remain. I refer to some of these cases to make good this proposition.…
DP World Brisbane Pty Ltd v The Maritime Union of Australia [2013] FWCFB 8557
Citation 4 (Para 1)

…The nature of the present task was emphasised by the Full Bench in DP World Brisbane Pty Ltd v The Maritime Union of Australia [2013] FWCFB 8557 in the following terms: ‘[31] Importantly, the task of interpreting an enterprise agreement does not involve re-writing a provision in order to give effect to the Commissio…
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Excelior Pty Ltd [2013] FCA 638
Citation 5 (Para 5)

…nn J in Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Excelior Pty Ltd [2013] FCA 638 at para [77]: ‘The consequences for Mr Butterworth are unfortunate. In the 21st century it is hard to see why an employee who is required by the terms of h…
City of Wanneroo v Australian Municipal, Administrative, Clerical and Services Union [2006] FCA 813
Citation 6 (Para 1)

…well-known cases which dealt with the construction of Awards. In City of Wanneroo v Australian Municipal, Administrative, Clerical And Services Union [2006] FCA 813; 153 IR 426, French J said at [53]:…
Cranbrook School v Woollahra Municipal Council [2006] NSWCA 155
Citation 7

…usive words are to be read as exclusive of any elements which otherwise fall within the meaning of the word or expression that is being defined; see: Cranbrook School v Woollahra Municipal Council (2006) 66 NSWLR 379 at [42] and Favelle Mort Ltd v Murray (1976) 133 CLR 580 at [588]-[589]. It follows, so he said, that cl 38.7 clarifies that these days…
Warramunda Village Inc v Pryde [2002] FCA 250
Citation 8

…mployer’s direction. This conclusion accords with what the Full Court of the Federal Court said in Warramunda Village Inc v Pryde [2002] FCA 250 where Lee , Finkelstein and Gyles JJ said at para [17]:…
Zickar v MGH Plastic Industries Pty Ltd [1996] HCA 31
Citation 9 (Para 1)

…are not limited to those examples. Although considered the context of statutory construction, in Zicker v MGH Plastic Industries Pty Ltd (1996) 187 CLR 310, the High Court ( Toohey, McHugh and Gummow JJ) said at [13]: ‘That par (a) begins with the word "means" and par (b) begins with the word "includes", suggests th…
Kucks v CSR Ltd [1996] IRCA 166
Citation 10

…[48] Further, as was said by Madgwick J, in Kucks v CSR Ltd (1996) 66 IR 182 ( ‘Kucks ’):…
Australian Nursing Federation v Healthscope Limited (t/as the Melbourne Clinic) [1995] IRCA 471
Citation 11

…include ‘... ideas that gave rise to an expression in a document from which it has been taken’ – Short v FW Hercus Pty Ltd [1993] FCA 51; (1993) 40 FCR 511 at 518 (Burchett J); Australian Municipal, Clerical and Services Union v Treasurer of the Commonwealth of Australia (1998) 80 IR 345 (Marshall J).’…
Codelfa Construction Pty Ltd v State Rail Authority of New South Wales [1982] HCA 24
Citation 12 (Para 2)

…In Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 (‘ Codelfa ’) Mason J, as he then was, (and with whom Stephen , Aickin and Wilson JJ agreed) said: “The true rule is that evidence of surrounding circumstances is admissible to assist in the interpretation of the contract if the language…
Favelle Mort Ltd v Murray [1976] HCA 13
Citation 13 (Para 42)

…rd or expression that is being defined; see: Cranbrook School v Woollahra Municipal Council (2006) 66 NSWLR 379 at [42] and Favelle Mort Ltd v Murray (1976) 133 CLR 580 at [588]-[589]. It follows, so he said, that cl 38.7 clarifies that these days fall within ‘time free of duty at home base’, but are not the only suc…
Ward v Williams [1955] HCA 4
Citation 14 (Para 1)

…service leave, for example. It cannot seriously be posited that these forms of leave are not periods of ‘time free of duty’; see: Ward v Williams (1955) 92 CLR 496 at [505]. It is a matter of plain common sense.…
Short v FW Hercus Pty Ltd [1993] FCA 51
Citation 15

…’. It may also include ‘... ideas that gave rise to an expression in a document from which it has been taken’ – Short v FW Hercus Pty Ltd [1993] FCA 51; (1993) 40 FCR 511 at 518 (Burchett J); Australian Municipal, Clerical and Services Union v Treasurer of the Commonwealth of Australia (1998) 80 IR 345 (Marshall…
May, T.D. v Cox, P [1989] FCA 369
Citation 16

…it is an award under consideration. Its words must not be interpreted in a vacuum divorced from industrial realities – City of Wanneroo v Holmes [1989] FCA 369; (1989) 30 IR 362 at 378-379 and cases there cited. There is a long tradition of generous construction over a strictly literal approach where industrial…
Transport Workers' Union of Australia v Jetstar Services Pty Ltd [2017] FWC 2535
Citation 17 (Para 1)

…flies in the face of the ordinary meaning of the relevant words; see: Transport Workers’ Union of Australia v Jetstar Services Pty Ltd [2017] FWC 2535; Warramunda Village Inc v Pryde [2002] FCAFC 58; 116 FCR 58 at [67]; United Voice v Wilson Security [2015] FWC 2507 at [63] to [67]; and Construction, Forestry, Mi…
United Voice v Wilson Security [2015] FWC 2507
Citation 18 (Para 1)

…ar Services Pty Ltd [2017] FWC 2535; Warramunda Village Inc v Pryde [2002] FCAFC 58; 116 FCR 58 at [67]; United Voice v Wilson Security [2015] FWC 2507 at [63] to [67]; and Construction, Forestry, Mining and Energy Union v Broadspectrum Australia Pty Ltd [2017] FWCFB 269 at [100] to [101].…

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