The Australian Licenced Aircraft Engineers Association v Qantas Airways Limited (No.2)

The Australian Licenced Aircraft Engineers Association (ALAEA) brought proceedings against Qantas Airways Limited (Qantas) concerning the interpretation and application of a certified agreement. The dispute centred on whether Qantas had breached the agreement by failing to consult with the ALAEA regarding proposed changes to the rostering of its licensed aircraft maintenance engineers. The matter came before Judge Raphael of the Federal Court of Australia.

The primary legal issue before the Court was whether Qantas was obliged under the relevant certified agreement to consult with the ALAEA concerning proposed changes to the rostering arrangements for its licensed aircraft maintenance engineers. This involved an examination of the specific clauses within the agreement that dealt with consultation and the nature of the proposed changes to determine if they triggered the consultation obligations.

Judge Raphael found that the certified agreement did indeed impose a positive obligation on Qantas to consult with the ALAEA regarding the proposed rostering changes. His Honour reasoned that the language of the agreement, particularly clauses relating to "significant changes" and "consultation," mandated a genuine and substantive discussion with the union before implementing such alterations. The Court determined that Qantas's actions, which involved informing the union of decisions already made rather than engaging in a consultative process, fell short of its contractual obligations under the agreement.

The Court ordered that Qantas had breached the certified agreement and directed the parties to confer on the appropriate remedy, including the terms of any consultation that should have occurred.