Regional Express Holdings Ltd v Australian Federation of Air Pilots

The High Court of Australia considered an appeal by Regional Express Holdings Ltd ("Rex") against a decision of the Full Court of the Federal Court. The dispute arose from a letter sent by Rex to a number of its cadet pilots, stating that any cadet insisting on their workplace right to appropriate accommodation during layovers would not be given a position of command. The Australian Federation of Air Pilots ("the Federation"), a registered employee organisation, alleged that this letter contravened various civil remedy provisions of the *Fair Work Act 2009* (Cth) in relation to the cadet pilots. The central issue was whether the Federation had standing to bring these proceedings.

The legal issue before the High Court was whether the Federation was entitled to represent the industrial interests of the cadet pilots for the purposes of s 540(6)(b)(ii) of the *Fair Work Act 2009* (Cth). This section permits an industrial association to apply for orders concerning contraventions of civil remedy provisions if the contravention relates to a person, that person is affected by the contravention, and the industrial association is entitled to represent that person's industrial interests. It was not disputed that the cadet pilots were not members of the Federation but were eligible for membership according to its rules, and that they were affected by Rex's letter.

The High Court affirmed the Full Court's conclusion that s 540(6) of the *Fair Work Act 2009* (Cth) applies to registered organisations. The Court found it unnecessary to definitively determine the full scope of the phrase "entitled to represent the industrial interests of" in all circumstances. It was sufficient for the disposition of the appeal that the provision applied to registered organisations, and that the Federation, as a registered organisation, was entitled to bring the application. Consequently, the appeal was dismissed.