Qantas and unions do battle in court over sick leave

Sydney, NSW, Australia - November 8, 2014: Front view of federal and state law buildings in Sydney NSW.

Qantas workers, including a man battling cancer and another awaiting a triple bypass, have taken a case against the airline in the Federal Court today over sick leave entitlements.

The Transport Workers’ Union (TWU) and other unions are taking Qantas to court over the airline allegedly informing workers on sick leave that they could no longer access sick pay during the stand-down period.

The TWU maintains the airline is breaching provisions of the Fair Work Act and has prepared statements for the case, including from a worker battling cancer and another awaiting surgery for a triple bypass. Both workers have worked for Qantas for over 30 years.

The hearing is expected to last a day and is being conducted virtually over the internet.

TWU national secretary Michael Kaine said the move by Qantas was heartless, as it would force workers battling serious illnesses and injury to struggle financially.

“It is an utter disgrace that Qantas workers, some of whom have worked with the company for several decades and are now battling very serious illnesses, have been refused sick leave in this way,” he said.

“They will struggle financially, and this will pile pressures and stress on them and their families, making it more difficult for them to focus on getting better.

“It is a heartless act and we appeal to Qantas to acknowledge the anxiety this is causing sick workers and to reconsider its actions.”

The TWU claims Qantas sent its workers correspondence shortly after the airline announced it was standing workers down last month, stating that: “Sick/carer’s leave will not apply during any period of stand down, so you will continue to be stood down and will not be entitled to any sick/carer’s leave payments.”

In a statement to Travel Weekly, a Qantas spokesperson said: “Unfortunately, the devastating impact that travel restrictions have had on airlines means the majority of our employees are stood down and not receiving their regular income – whether that’s normal pay or paid sick leave.

“We know it’s a very difficult time for all of our employees.

“Employees who are stood down are not eligible to receive paid sick leave because there is no work for employees to be absent from, but they can access annual, long-service leave and other support.”

Meanwhile, SafeWork NSW is investigating Qantas over its suspension of a cleaner for raising concerns over the spread of COVID-19.

SafeWork NSW issued improvement notices on Qantas last month, reflecting the airline’s “inadequate system of work used to clean planes” with aircraft cleaners forced to wipe tray tables with the same dirty cloths and handle blood, vomit, soiled nappies, used masks, and tissues without protective gear.

The regulator’s improvement notices stated that Qantas was at risk of exposing workers to an infectious disease.

Over 50 Qantas workers have tested positive for the virus, including 18 baggage handlers at Adelaide Airport.

Featured image credit: iStock/VM_Studio

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qantas Qantas workers sick leave sick leave entitlements Transport Workers Union twu