Applicants won an injunction to stop the Commission from arbitrating a dispute concerning stand downs on 19 May 2020. The Court ordered that the proceedings be expedited.
The Court found the the Commission has the power to deal with the dispute as it pertains to whether there was useful work available for the Licensed Aircraft Maintenance Engineers, and that the Commission does not have the power to deal with any dispute outside of the scope of this question.
Flick J (6 October 2020)
The Court found that the Applicants could not reasonably be held responsible for the work stoppages or prevented them. Declaratory relief was so granted. The Commission was left to resolve outstanding questions regarding alternative useful employment for the stood-down employees, and if the lack of useful employment was 'because of' the work stoppage.
The ALAEA have lodged appeal NSD1211/2020. Qantas Airways and Jetstar Airways Ltd have also lodged a cross appeal.
The Federal Court reserved judgment in the matter on 18 May 2021.