Qantas Airways Ltd v Australian Licensed Aircraft Engineers Association

Qantas Airways Ltd brought an application against the Australian Licensed Aircraft Engineers Association (ALAEA) in the Federal Court of Australia. The dispute involves the stand-down of licensed aircraft maintenance engineers during the global pandemic. The ALAEA had applied to the Fair Work Commission to arbitrate the dispute under a clause in the enterprise agreements, and a hearing was set. Subsequently, Qantas initiated proceedings in the Federal Court on the same subject matter and sought an interlocutory injunction, or anti-suit injunction, to prevent the Commission from proceeding with the arbitration, pending the resolution of the Federal Court proceedings.

The court had to determine whether Qantas had established a prima facie case for the injunction and whether the balance of convenience and the interests of justice favoured granting the relief sought. The court considered the arguments presented by both parties, with Ms Saunders representing the ALAEA. The court was satisfied that Qantas had made out their case for interlocutory relief, and decided to follow the approach taken by McKerracher J in One Tree Community Service Inc v United Voice, which involved staying the operation of the injunction for 48 hours to allow the Commission the opportunity to adjourn the proceeding, pending the resolution of the Federal Court case.

The court made several orders to address the matter. Firstly, it restrained the second respondent from hearing or determining the dispute by way of arbitration, pending the hearing and determination of the originating application or further order. Secondly, these orders would be stayed for 48 hours, and would be discharged if the second respondent decided to adjourn the hearing of the dispute and stay any interlocutory orders until the court's decision. Thirdly, the question of the jurisdiction of the second respondent to deal with the dispute would be determined first and separately from the question of declaratory relief. Fourthly, the hearing was to be expedited. Lastly, costs were reserved. The entry of orders was dealt with in Rule 39.32 of the Federal Court Rules 2011.