Federal Government to intervene in Qantas-TWU High Court case

The Federal Government will intervene in the Transport Workers Union’s (TWU) case against Qantas as the airline tries to overturn its illegal sackings ruling.

Tony Burke, the federal workplace relations minister, filed a notice of appearance earlier this month to intervene in the case. The federal court ruled in July 2021 that Qantas illegally outsourced 1,700 ground handlers’ jobs at 10 different airports in November 2020.

The federal court ruling was given in part due to Qantas’ desire to avoid industrial action, which is a breach of the Fair Work Act.

Qantas argued that the outsourcing was necessary, as it would have saved the airline $100m annually and reduced future spending on ground handling equipment.

TWU national secretary, Michael Kaine, said the case could have vast legal ramifications.

“Of course this is now all in the hands of the High Court to determine, but we are hopeful the [government’s] intervention is to highlight that the Qantas position, if upheld, would seriously undermine the protective intention of the laws,” Kaine told The Guardian.

Labor senator, Tony Sheldon, who is a former TWU national secretary and chair of the Senate’s employment legislation, sympathised with Kaine’s statement, saying the government needs to stand by its interpretation of the act.

“This is a matter that will affect many Australians into the future,” Sheldon told The Guardian.

“The act has, in my view, the intent that workers’ interests will be protected, and that in circumstances such as this, after two court findings in their favour, they can get their jobs back… that there is a remedy.”

Qantas has argued that its ground staff were prohibited from taking industrial action until their pay deal expired at the end of 2020, a month after their outsourcing was announced.

The flying kangaroo told The Guardian it shouldn’t be penalised “for taking adverse action to prevent an employee acquiring future rights, the exercise of which at the time of the adverse action would have been unlawful.”

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,” Qantas said.

Kaine said in November that the original decision to hear the appeal in the High Court exemplifies the airline’s enormous power.

“While it is deeply disappointing for workers, it’s clear the High Court believes it’s in the public interest to hear such an extraordinary case which has sent shockwaves across the economy and plunged Qantas into chaos,” Kaine said.

“Despite the ongoing crisis at the airline, overpaid executives stand by their illegal actions so vehemently they are dragging out a costly legal battle rather than reinstate or compensate the experienced workers who built the Spirit of Australia.”

Travel Weekly is awaiting comment from Qantas and the TWU.

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Email the Travel Weekly team at traveldesk@travelweekly.com.au

High Court qantas Tony Sheldon Transport Workers Union twu