Qantas Airways Ltd v Christie

Qantas Airways Ltd appealed to the High Court of Australia against a decision of the Full Court of the Industrial Relations Court of Australia concerning the termination of Mr Christie's employment. Mr Christie, an international airline pilot, had his employment terminated by Qantas, and he alleged this termination was discriminatory on the basis of age, contrary to federal legislation. Qantas contended that the termination was due to the effluxion of time and the inherent requirements of the position.

The High Court was required to determine whether Mr Christie's employment was terminated at the initiative of Qantas, and if so, whether this termination was unlawful under the relevant provisions of the *Industrial Relations Act 1988* (Cth). Specifically, the Court had to consider whether the termination was for a reason prohibited by s 170DF(1)(f) of the Act, which prohibits termination based on age, unless that reason was based on the inherent requirements of the particular position, as permitted by s 170DF(2). The Court also considered the distinction between the "position" of an international airline pilot and the "job" itself, and whether a mandatory retirement age constituted an inherent requirement.

The Court reasoned that the termination of Mr Christie's employment was at the initiative of Qantas, and that the "Rule of 60" (a policy requiring pilots to retire at age 60) was not an inherent requirement of the position of an international airline pilot. The Court found that the International Civil Aviation Organization (ICAO) standard for retirement age was arbitrary and not supported by current medical or safety evidence, nor by advancements in physiological and psychological testing. The Court emphasised that the purpose of the Act was to replace arbitrary standards with rational criteria free from stereotyping, and that courts have a duty to give effect to the Parliament's will in enacting anti-discrimination legislation.

The High Court allowed Qantas' appeal, setting aside the orders of the Full Court of the Industrial Relations Court of Australia and ordering that the appeal to that Court be dismissed with costs.