Travel Agents, Fuel Surcharges And Ticket Commissions

In the case of Leonie's Travel Pty Ltd v International Air Transport Association, Qantas Airways Limited & Ors [2009] FCA 280, Justice Moore in the Federal Court of Australia was required to consider a challenge by a group of travel agents to the calculation of commissions they were paid. In particular the dispute centred on whether the agents were entitled to be paid on the assumption that airline fuel surcharges should have been called into account when calculating the payments to the agents.

Background

The proceedings were a representative proceeding under Part IVA of the Federal Court of Australia Act 1976 (Cth), the representative party and applicant being Leonie's Travel Pty Ltd. Proceedings were pursued against a number of international airlines but the parties agreed, for the purposes of simplifying proceedings, to continue against Qantas only.