Recent Cases

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Qantas Airways Limited [2020] FCAFC 205 (27 November 2020) (Rares, Bromberg and Colvin JJ)


INDUSTRIAL LAW – statutory construction – employees stood down under s 524(1) of the Fair Work Act 2009 (Cth) and under enterprise agreement because of stoppage of work for which employer could not reasonably be held responsible – exigencies of the COVID-19 pandemic – paid personal/carer’s leave or compassionate leave under ss 96 or 106 of the Act – whether employee not taken to be stood down under ss 524(3) and 525 if taking personal/carer’s or compassionate leave during period of stand down – whether taking of personal/carer’s or compassionate leave authorised by employer or otherwise authorises employee to be absent form work pursuant to s 525 –Held: employees stood down not entitled to personal/carer’s leave or compassionate leave during stand down period – appeal dismissed