FULL FEDERAL COURT TO HEAR APPEAL FROM EMPLOYMENT COURT DECISION REGARDING AIR PILOTS AWARD
Corporate Air Charter Pty Ltd v Australian Federation of Air Pilots [2024] FCA 1225
In our newsflash Air Pilots Award 2020 Payment Rates for Overtime and Standby Considered on 14 November 2023, we reported that the South Australian Employment Court had held that:
1. Stand-by duty is “work” performed by pilots under the Air Pilots Award 2020 and must be included when calculating the average of 38 hours per week under clause 15.2;
2. As the Award does not state the hourly overtime rate, any overtime is to be paid at a minimum of the normal hourly rates under the Award; and
3. An agreement to average hours of work over a period of not more than 26 weeks pursuant to section 64 of the Fair Work Act 2009 can only be made with “an award/agreement free employee”.
Corporate Air Charter has now filed an appeal to the Full Federal Court and the appeal has been set down for hearing on 19 and 20 November 2024.
The case is relevant for employers of pilots, as treating standby as hours worked has significant implications for rostering and pay.
Qantas, Australia’s largest employer of pilots, filed an application seeking leave to intervene in the appeal on the basis it could make a contribution to the appeal that was useful and different to that of the parties. On 18 October 2024, Logan J of the Federal Court of Australia refused the application, holding there was no reason to apprehend the submissions of the parties would not be comprehensive and that while Qantas may be affected by the outcome of the decision, it would not be directly bound by any order made.
We will issue a further newsflash following the hearing of the appeal by the Full Federal Court.
Partner
T: +61 2 9230 9415
E: mark.mackrell@nortonwhite.com
Address: Level 4, 66 Hunter Street, Sydney NSW 2000
Partner
T: +61 2 9230 9440
E: keira.nelson@nortonwhite.com
Address: Level 4, 66 Hunter Street, Sydney NSW 2000