The case stems from Qantas’ decision to stand down ground staff in November 2020 and begin using third-party providers, including Dnata, Menzies and Swissport.
A Senate inquiry has been launched into Transport Minister Catherine King’sQantas lodged the last-ditch appeal following a 2021 decision in the Federal Court, which found the airline business had contravened the Fair Work Act when it stood down employees working at 11 airports during the pandemic in November 2020.
The full bench of the Federal Court then upheld this decision in 2022, but the courts did not force the group to reinstate the affected employees. The Federal Court was not satisfied beyond reasonable doubt that Qantas was motivated only by commercial reasons and could not rule out that the carrier group also may have been trying to avoid future industrial action.
Qantas said the decision was solely motivated by its struggles to remain solvent and expressed “deep regret” that its staff had to lose their jobs as a result of the pandemic. “There was very little certainty about the pandemic and our recovery when we made this decision, and it remained that way for more than a year afterwards. We ultimately lost more than $25 billion in revenue, so it was inevitable that we had to take significant action,” an airline spokesperson has previously said.The Morning Edition newsletter is our guide to the day’s most important and interesting stories, analysis and insights.
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