Ansett Australia Limited (subject to Deed of Company Arrangement) v Australian Licenced Aircraft Engineers* Association

[2003] FCAFC 209

Full Court of the Federal Court

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For Australian Law.

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Interrogate

Catchwords

1. Industrial Law (Cth)
2. › Certified agreements
3. › Construction of redundancy clause
4. › No disadvantage provision
5. › Whether cap on payments under new regime overrides entitlements under preserved earlier regimes
6. › Comparison of packages of benefits as a whole
7. › Workplace Relations Act 1996 (Cth), ss 170LT, 170LY, 170LZ
1. Practice and Procedure
2. › Appeals
3. › Leave to amend notice of appeal
4. › New argument not raised below
5. › Whether leave should be granted

Quick Take

Where a certified agreement contains a 'no disadvantage' clause preserving earlier redundancy regimes, a capping provision in the new regime is only one component of the new package and cannot operate independently to override the separate capping mechanisms in the preserved earlier regimes. The comparison required by a 'no disadvantage' clause is between the overall packages of benefits under each regime, including their respective limits.