Case M71/2017

Regional Express Holdings Limited  v. Australian Federation of Air Pilots

Case No.

M71/2017

Case Information

Lower Court Judgment

26/10/2016 Federal Court of Australia (North, Jessup and White JJ)

[2016] FCAFC 147

Catchwords

Industrial law – Fair Work Act 2009 (Cth) – Fair Work (Registered Organisations) Act 2009 (Cth) – Standing – Where appellant sent letter to unidentified persons who applied for cadet employment program – Where respondent, a registered organisation, commenced proceedings in Federal Circuit Court seeking pecuniary penalty orders against appellant on basis letter contravened various provisions of Fair Work Act – Where appellant sought orders dismissing or striking out application on basis respondent lacked standing – Whether respondent “entitled to represent the industrial interests” of letter recipients under s 540(6)(b)(ii) because recipients capable of becoming members of respondent despite not actually being members.

Short particulars

Documents

12/05/2017 Hearing (SLA, Canberra)

26/05/2017 Notice of appeal

16/06/2017 Written submissions (Appellant)

16/06/2017 Chronology (Appellant)

07/07/2017 Written submissions (Respondent)

21/07/2017 Reply

12/09/2017 Hearing (Full Court, Melbourne)