TechHR
ex
L&D
UNPLUGGED
Sphere
About Us • Contact Us
People Matters Logo
Login / Signup
People Matters Logo
Login / Signup
  • Current
  • Top Stories
  • News
  • Magazine
  • Research
  • Events
  • Videos
  • Webinars
  • Podcast

© Copyright People Matters Media Pte. Ltd. All Rights Reserved.

 

 

  • HotTopic
    LeadersSpeak
  • Strategy
    Leadership Csuite StrategicHR EmployeeRelations
  • Recruitment
    Employer Branding Appointments Permanent Hiring Recruitment
  • Performance
    Skilling PerformanceMgmt Compensation Benefits L&D Employee Engagement
  • Culture
    Culture Life@Work Diversity Watercooler SheMatters
  • Tech
    Technology HR Technology Funding & Investment Startups Metaverse
  • About Us
  • Advertise with us
  • Become a sponsor
  • Contact Us
  • Feedback
  • Submission Guidelines

Follow us:

Privacy Policy • Terms of Use

© Copyright People Matters Media Pte. Ltd. All Rights Reserved.

People Matters Logo
  • Current
  • Top Stories
  • News
  • Magazine
  • Research
  • Events
  • Videos
  • Webinars
  • Podcast
Login / Signup

Categories:

  • HotTopic
    LeadersSpeak
  • Strategy
    Leadership Csuite StrategicHR EmployeeRelations
  • Recruitment
    Employer Branding Appointments Permanent Hiring Recruitment
  • Performance
    Skilling PerformanceMgmt Compensation Benefits L&D Employee Engagement
  • Culture
    Culture Life@Work Diversity Watercooler SheMatters
  • Tech
    Technology HR Technology Funding & Investment Startups Metaverse
Federal Court upholds workers’ rights against airline giant Qantas, and supports TWU

News • 2nd Aug 2021 • 2 Min Read

Federal Court upholds workers’ rights against airline giant Qantas, and supports TWU

Employee Relations

Author: People Matters Editorial Team People Matters Editorial Team
719 Reads
The legal battle between TWU and Qantas culminated in the sour defeat of Qantas, with the Federal Court ruling in favour of TWU and labeling the outsourcing move of the airline as ‘unlawful’.

Ruling over the Qantas outsourcing of 2,000 employees, the Federal Court gave its judgment in the favour of the Transport Worker Union, calling the move ‘unlawful’’ under the Fair Work Act. The Federal Court upheld the rights and livelihood of baggage workers, ramp workers, and cabin cleaners which were threatened by the devious replacement with contract workers during the COVID-19 pandemic last year. The Qantas outsourcing move jeopardized the sustenance and living conditions of airport staff across Sydney, Melbourne, Brisbane, Perth, Adelaide, Darwin, Cairns, Townsville, Alice Springs, and Canberra.

Justice Michael Lee adjudicated the matter and concluded that the ‘outsourcing job’ decision was not entirely driven by commercial necessities. It was in some part influenced by the high union membership of the employees affected, leading to Qantas’ legal defeat against TWU. 

The TWU called its judicial win a watershed moment for the aviation industry. Michael Kaine, TWU National Secretary announced that once the lockdown comes to an end, the Union will seek meetings with Qantas to ensure jobs for workers who were unceremoniously kicked out of their work. 

Leading law firm Maurice Blackburn represented TWU in this case. Josh Bornstein, Principal Lawyer who led the case said that this decision will have far-reaching consequences. It has sent out a strong message for companies that such unscrupulous outsourcing methods deprive the workers of the ability to collectively bargain with the company for a new enterprise agreement or negotiate payments or working conditions. 

Qantas (Australia’s largest airline) disagreed with the Federal Court’s ruling and declared that it will file an appeal against the decision. They maintained that the outsourcing job decision was motivated by lawful commercial reasons. In its defense, Qantas revealed the reason behind the outsourcing decision was to save up to $100 million a year which it desperately needs because of the financial crisis caused by COVID-19.

Qantas also attacked TWU’s stating that their case was based on a few documents that referenced industrial action, while neglecting the hundreds that don’t refer to industrial action as causation. It clarified that a company has to take into account all operational risks before making an important decision. A reference to the risk of industrial action cannot be assumed to be the only reason behind the decision. 

Qantas will maintain its stand on lawful commercial reasons as their basis for challenging the court’s ruling. The court is yet to take a decision on whether to reinstate or provide compensation to the sacked employees.

Read More

Did you find this article helpful?


You Might Also Like

2023 Layoffs: A timeline of major job cuts

NEWS • Yesterday • 14 Min Read

2023 Layoffs: A timeline of major job cuts

Employee Relations#Layoffs
JPMorgan to cut about 30 jobs in Asia Pacific

NEWS • 22nd Feb 2023 • 1 Min Read

JPMorgan to cut about 30 jobs in Asia Pacific

Employee Relations#Layoffs
McKinsey to slash 2,000 employees in major job cut

NEWS • 22nd Feb 2023 • 1 Min Read

McKinsey to slash 2,000 employees in major job cut

Employee Relations#Layoffs
NEXT STORY: TransCanna promotes Alan Applonie to Chief Operating Officer

Trending Stories

  • design-thinking-hr

    Robert Half promotes Susan Haseley to Chief ESG and DEI Offi...

  • design-thinking-hr

    Over 50% of Gen Z in the world suffer from poor mental healt...

  • design-thinking-hr

    UBS's bailout of Credit Suisse spells trouble for 14,000 Ind...

  • design-thinking-hr

    How to negotiate a better salary

Upcoming Event: View All

Event Title 29 Mar Webinar

2023 Employee Experience Trends

Free 11:00 AM AEST

People Matters Logo

Follow us:

Join our mailing list:

By clicking “Subscribe” button above, you are accepting our Terms & Conditions and Privacy Policy.

Company:

  • About Us
  • Advertise with us
  • Become a sponsor
  • Privacy Policy
  • Terms of Use

Contact:

  • Contact Us
  • Feedback
  • Submission Guidelines

© Copyright People Matters Media Pte. Ltd. All Rights Reserved.

Get the latest Articles, Insight, News & Trends from the world of Talent & Work. Subscribe now!
People Matters Logo

Welcome Back!

Enter your registered email address to login

Not a user yet? Lets get you signed up!

A 5 digit OTP has been sent to your email address.

This is so we know it's you. Haven't received it yet? Resend the email or then change your email ID.

People Matters Logo

Welcome! Let's get you signed up...

Starting with the absolulte basics.

Already a user? Go ahead and login!

A 5 digit OTP has been sent to your email address.

This is so we know it's you. Haven't received it yet? Resend the email or then change your email ID.

Let's get to know you better

We'll never share your details with anyone, pinky swear.

And lastly...

Your official designation and company name.