Qantas Airways Ltd v Australian Licensed Aircraft Engineers Association

In this case, Qantas Airways Limited and Peter Cawthorne, both appellants, appealed against two amended declarations made by the Federal Magistrates Court on 23 March 2011. The respondent, the Australian Licensed Aircraft Engineers Association, brought the application against the appellants for contraventions of s 340 and s 343 of the Fair Work Act 2009 (Cth) (the Act). The appellants argued that the Federal Magistrates Court erred in its findings and conclusions, which led to the declarations. The court was required to decide whether the Federal Magistrates Court correctly interpreted the Act and whether the appellants contravened the Act by taking adverse action against Mr Luke Murray, a Licensed Aircraft Maintenance Engineer employed by Qantas Airways Limited.

The court considered the legal issues related to what constitutes a prejudicial alteration under s 340 of the Act and whether the effect of the alteration was real and substantial. The court also examined the elements of coercion under s 343 of the Act and whether procedural fairness was observed. The court found that the Federal Magistrates Court correctly interpreted the Act and that the appellants contravened the Act by taking adverse action against Mr Murray. The court held that the suspension of overseas postings for a temporary period was a prejudicial alteration to Mr Murray's position, and that Mr Cawthorne's threat to withhold future overseas postings was an act of coercion. The court further held that there was no denial of procedural fairness in the case.

The appeal was allowed in part by substituting the declarations made by the Federal Magistrates Court with new declarations that Qantas Airways Limited contravened s 340(1)(a)(ii) of the Fair Work Act 2009 (Cth) and that Mr Peter Cawthorne contravened s 343(1) of the Fair Work Act 2009 (Cth). The appeal was otherwise dismissed, and the balance of the proceeding was remitted to the Federal Magistrate for determination of issues concerning penalties.