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ARTICLE · 15 APRIL 2010

Common Sense Approach to Construction of Collective Agreement

The Federal Court of Australia’s recent decision in Qantas Airways Ltd v Australian and International Pilots Association [2010] FCA 231 illustrates that the courts are likely to take a common sense approach to the interpretation of the provisions of a collective agreement. This case involved a dispute between an airline and an organisation representing its pilots over provisions in a collective agreement for overtime payments.

AustraliaTransport
Brendan Charles
Brendan Charles
William Robinson
William Robinson

The Federal Court of Australia's recent decision in Qantas Airways Ltd v Australian and International Pilots Association [2010] FCA 231 illustrates that the courts are likely to take a common sense approach to the interpretation of the provisions of a collective agreement. This case involved a dispute between an airline and an organisation representing its pilots over provisions in a collective agreement for overtime payments.

Background

In Australian International Pilots Association v Qantas Airways Ltd [2008] FMCA 1008, Federal Magistrate Burchardt was faced with an application by the Australian and International Pilots Association (AIPA) for a declaration that Qantas Airways Ltd (Qantas) had breached the Qantas Airways Limited Flight Crew (Long Haul) Certified Agreement 2005-2007 (the Enterprise Agreement).

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