| Summary |
BREACH OF CONTRACT – Applicant claimed respondent breached collective employment agreement (“CEA”) – If CEA breached, applicant sought compliance order, penalty and costs – Respondent argued no breach – CEA provided pilots entitled to one weekend off at least once every 28 days – Provided also entitled to second rostered time off to access alternative holiday to replace days worked on public holiday – Provided where an alternative holiday request made for Friday, weekend off provision deemed satisfied – This was because CEA provided for two succeeding days to day nominated as alternative holiday request - Applicant claimed rostered time off problematic when request made for Saturday as Sunday and Monday would be treated as time off – Argued CEA provided weekdays excluded from rostered time off – Argued respondent, by allowing weekdays to be rostered time off, breached CEA – Authority found when pilots applied for alternative holiday on particular day, must be expecting that day to be otherwise working day as there would be no point seeking that day as alternative holiday – Found airline industry operated without “holidays” even on public holidays – Found alternative holiday request means in CEA additional to minimum entitlement to any pilot had in roster period – Found respondent’s CEA interpretation consistent with provisions – Found applicant had not established breach of CEA – No breach – Question answered in favour of respondent |