The airline is seeking to overturn in the high court a finding that it illegally outsourced 1,700 ground handlers jobs
Qantas’s outsourcing of the workers was in part driven by a desire to avoid industrial action, which is a breach of the Fair Work Act.
The law “simply does not extend so far as to protect a person from adverse action in respect of rights that they do not presently have”, it submitted. The TWU submitted the airline’s interpretation would have “remarkable results”, such as giving the green light to unions to coerce non-members to join industrial action before the union had fulfilled procedural requirements to go on strike.
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