WATCH LIVE: Transport Workers’ Union speaks about the Qantas case; the High Court dismisses the airline’s appeal against earlier judgments that the sacking of 1683 staff was illegal. Follow updates here.
The High Court is sitting in Canberra at 10am this morning where it will hand down its decision in Qantas’ appeal against a court action launched by the Transport Workers’ Union over a 2020 decision to sack 1683 ground staff and outsource their roles.Qantas claimed the outsourcing decision was made to deliver annual cost savings of around $103 million and eliminate the need to spend a further $80 million on ground equipment handling.
The TWU commenced legal proceedings in November 2020 claiming that the decision was, in part, made to prevent Qantas workers taking protected industrial actions. Under the Fair Work Act, protected industrial action is a “workplace right” and employers are precluded from taking “adverse action” against people because they have a workplace right.
This was because the relevant section of the Act “extends to action taken with the ambition of preventing the future exercise of a workplace right by a person, including where the workplace right is not presently existing at the time the adverse action is taken”.
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