Transport Workers Union of Australia v Qantas Airways Limited [2012] HCATrans 192

This matter concerned an application by the Transport Workers Union of Australia (TWU) for special leave to appeal to the High Court of Australia against a decision of the Full Federal Court. The dispute arose from the Federal Court's refusal to grant an interlocutory injunction sought by the TWU to restrain Qantas Airways Limited (Qantas) from implementing certain proposed changes to its workforce, specifically the outsourcing of its heavy maintenance operations. The TWU contended that these changes would breach the enterprise agreement then in force between the parties.

The central legal issue before the High Court was whether the Full Federal Court had erred in law in its assessment of the likelihood of the TWU establishing a arguable case for breach of the enterprise agreement, which was a prerequisite for the grant of an interlocutory injunction. Specifically, the High Court considered whether the Full Federal Court had correctly interpreted the relevant provisions of the Fair Work Act 2009 (Cth) and the enterprise agreement in determining whether Qantas's proposed actions constituted a breach.

In refusing special leave, Heydon and Bell JJ found that the Full Federal Court had not made any error of law. Their Honours noted that the Full Federal Court had carefully considered the evidence and the arguments presented by both parties regarding the interpretation of the enterprise agreement and the relevant statutory provisions. The High Court concluded that the Full Federal Court's assessment of the arguable case was a matter of fact and degree, and that there was no sufficient reason to interfere with that conclusion.

Special leave to appeal was accordingly refused.