Civil Air Operations Officers' Association of Australia v the Respondent (No 2)
Citation: [2022] FCA 1077
What happened
Airservices Australia changed its “ATC Career Model” policy in March 2015 without consulting employees or their union, the Civil Air Operations Officers' Association of Australia. This breached an enterprise agreement and section 50 of the Fair Work Act. A previous court decision confirmed this breach. The current case concerns what remedies should be imposed for this breach.
What was decided
The Federal Court ordered Airservices Australia to pay a total penalty of $12,750 to the union. The court decided against granting declaratory relief. This follows a prior finding that Airservices breached its enterprise agreement by failing to consult with employees about policy changes.
What it means for employers
Employers must fulfil consultation obligations outlined in enterprise agreements and relevant legislation. Failing to do so can result in significant penalties, even if corrective measures are subsequently implemented. Regular engagement and transparency with employees and their representatives is crucial.
What it means for employees
Employees should be aware of their rights under enterprise agreements and the Fair Work Act. Unions play a role in ensuring employers meet these obligations. Employees impacted by policy changes should document any negative effects they experience.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2022/2022fca1077Want more cases like this?
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →