QF recall leave without pay pilots

[Iron Bar]

OK, Lancer/Don (since you can't find it yourself)

From the Act, my bolding and underline:

FWA

Division 3—Workplace rights 340 Protection

(1) A person must not take adverse action against another person: (a) because the other person:
(i) has a workplace right; or
(ii) has, or has not, exercised a workplace right; or
(iii) proposes or proposes not to, or has at any time proposed or proposed not to, exercise a workplace right; or
(b) to prevent the exercise of a workplace right by the other person.

Prospective employees taken to have workplace rights
(3) A prospective employee is taken to have the workplace rights he or she would have if he or she were employed in the prospective employment by the prospective employer.


342 Meaning of adverse action
(1) The following table sets out circumstances in which a person takes
adverse action against another person.
Meaning of adverse action Item Column 1
Adverse action is taken by ...
1 an employer against an
employee

2 a prospective employer against a prospective
employee

Column 2
if ...
the employer:
(a) dismisses the employee; or
(b) injures the employee in his or her employment; or
(c) alters the position of the employee to the employee’s prejudice;; or
(d) discriminates between the employee and other employees of the employer.

So, without looking into case law or precedent and there would be some, this is the answer from the Act. Qantas cannot openly discriminate against Group employees. If they could it would be reflected in their prerequisites, i.e. cannot be currently employed by JQ, Qlink and so on. Thats the law, but as Lookleft points out, enforcing it and proving a contravention it is another thing.

However, the simplest answer is from the Qantas Group Code of Conduct. It is very specific about treating all group employees fairly and applies to JQ, QF, Qlink and EFA. Doesn't need a Court application, a letter to the company secretary will do.