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dragon man 13th Sep 2023 00:04

JUSTICE SERVED!!
 
Qantas lost

joe_bloggs 13th Sep 2023 00:07

Qantas case dismissed in High court

Just nowBy Liana Walker

Qantas has lost its High Court appeal over the sacking of 1700 workers during the pandemic.

The jobs of baggage handlers and cleaners at ten airports were outsourced, as the airline faced a dramatic decline in business.

Qantas maintained it made the decision for sound commercial reasons.

But the Transport Workers Union told the High Court the airline had also been motivated to head off industrial action when things returned to normal, in breach of the Fair Work Act.

Today the High Court unanimously dismissed the appeal by Qantas.

https://www.abc.net.au/news/2023-09-...e=abc_news_web

hotnhigh 13th Sep 2023 00:07

https://www.transparency.org/en/what-is-corruption


it’s simple really. The whole house of cards are about to fall down. Things are going to get a lot worse before it gets better

ampclamp 13th Sep 2023 00:08

Wonderful news!!

dragon man 13th Sep 2023 00:10

Surely now Joyce loses his OA and gets no bonuses, Hudson and Goyder both have to go and an outsider bought in. Well done the TWU a great day for Australian workers.

dragon man 13th Sep 2023 00:11


Originally Posted by hotnhigh (Post 11501826)
https://www.transparency.org/en/what-is-corruption


it’s simple really. The whole house of cards are about to fall down. Things are going to get a lot worse before it gets better


No never, Boston consulting to the rescue.

Capt Fathom 13th Sep 2023 00:15

The Chairman’s Lounge ranks are about to get thinner!

SandyPalms 13th Sep 2023 00:16

Not only did they lose, it was unanimous.

hotnhigh 13th Sep 2023 00:18

Goyder and the board showing the ultimate characteristics of teamwork and leadership.
AFL needs to take note.

Lead Balloon 13th Sep 2023 00:58

One page summary of judgment: here. You only need to read the last paragraph.

itsnotthatbloodyhard 13th Sep 2023 00:58

’Appeal again! We can’t possibly be wrong! Waaahhh!’

dragon man 13th Sep 2023 01:01

QANTAS AIRWAYS LIMITED & ANOR v TRANSPORT WORKERS UNION OF AUSTRALIA
[2023] HCA 27
Today, the High Court unanimously dismissed an appeal from a judgment of a full court of the Federal Court of Australia. The appeal concerned whether a decision by Qantas Airways Limited ("Qantas") to outsource its ground handling operations at ten Australian airports contravened s 340(1)(b) of the Fair Work Act 2009 (Cth) ("the Act"). The effect of the outsourcing decision was that ground handling services then being performed by employees of Qantas and Qantas Ground Services Pty Ltd ("QGS"), many of whom were members of the Transport Workers Union of Australia ("the TWU"), would instead be performed by staff of third-party suppliers.
Section 340(1)(b) provided that a person must not take adverse action against another person "to prevent the exercise of a workplace right by the other person". A person has a workplace right "if the person ... is able to initiate, or participate in, a process or proceedings under a workplace law or workplace instrument" (s 341(1)(b)). It was agreed that Qantas took adverse action against the affected employees in making the outsourcing decision. At the time of the outsourcing decision the affected employees were prohibited from organising or engaging in protected industrial action under the Act because the affected Qantas employees' enterprise agreement had not reached its nominal expiry date and the affected QGS employees were practically unable to take protected industrial action. The TWU commenced proceedings in the Federal Court, with issues arising as to whether Qantas could prove that it did not make the outsourcing decision to prevent the exercise of workplace rights by affected employees and whether the outsourcing decision prevented the exercise of workplace rights.
The primary judge found that, while Qantas had "commercial imperatives" for making the outsourcing decision, Qantas had not discharged its onus under s 361 of the Act of disproving that the reasons for the outsourcing decision included preventing the exercise of workplace rights, namely preventing employees from engaging in protected industrial action and participating in enterprise bargaining. The primary judge found that Qantas had contravened s 340(1)(b) of the Act. The full court dismissed Qantas' appeal.
The issue before the High Court was whether s 340(1)(b) of the Act prohibited a person from taking adverse action against another person for the purpose of preventing the exercise of a workplace right that might arise in the future. The High Court unanimously held that it did and, in so doing, rejected Qantas' contention that s 340(1)(b) only proscribed adverse action for the purpose of preventing the exercise of a presently existing workplace right.

PoppaJo 13th Sep 2023 01:42

It’s a ‘sorry, but not sorry’ response.

They got what they wanted, which was a reduction in overheads. A few penalties is just a drop in the ocean compared to what they will save in the coming years and decades. That’s how they think and operate, and it’s still a victory in AJs playbook, illegal or not.

Icarus2001 13th Sep 2023 01:48

The fine and any compensation amounts will be viewed as simply the cost of doing business.

Guess what, who do you think pays for their decision in the end? Their passengers.

dragon man 13th Sep 2023 02:00

And the taxpayer because it’s tax deductible as are the costs.

1A_Please 13th Sep 2023 02:28


Originally Posted by dragon man (Post 11501876)
And the taxpayer because it’s tax deductible as are the costs.

FInes are not tax deductible. Compensation would be but fines are definitely not.

cLeArIcE 13th Sep 2023 03:11

100% the fines would've already been factored in to a cost benefit analysis of outsourcing the work. They knew there were going to lose this one a while ago.

V-Jet 13th Sep 2023 03:45


Originally Posted by cLeArIcE (Post 11501889)
100% the fines would've already been factored in to a cost benefit analysis of outsourcing the work. They knew there were going to lose this one a while ago.


When one takes everything into account you realise just how fortuitous it was that Joyce woke up in June one morning and (just as he did when he had the epiphany to shut the airline down in 2011) decided to sell $17m worth of shares he accumulated over ten years instead of even just a few weeks later, or even today!!


Bluestar Airlines anyone??

gordonfvckingramsay 13th Sep 2023 03:55

When Slater and Gordon get involved for the class action….

RENURPP 13th Sep 2023 03:58

It looks to me that some people were not paying attention at the informative and very interesting OSOB courses. 🤪🤪

1A_Please 13th Sep 2023 04:14


Originally Posted by cLeArIcE (Post 11501889)
100% the fines would've already been factored in to a cost benefit analysis of outsourcing the work. They knew there were going to lose this one a while ago.

As Kenny Rodgers said "You've got to know when to hold them, know when to fold them." If you know you're going to lose, you don't appeal to the High Court and turn what would be an embarrassing but fairly low-key settlement into a highly visible PR disaster.

neville_nobody 13th Sep 2023 04:24

The Litmus Test for what the Chairman’s Lounge is really about will be if QF keep High Court Judges on the books. If QF come out in the next few weeks and remove the High Court from the lounge then that will speak volumes about what is really going on.

Chris2303 13th Sep 2023 04:24


Originally Posted by 1A_Please (Post 11501902)
As Kenny Rodgers said "You've got to know when to hold them, know when to fold them." If you know you're going to lose, you don't appeal to the High Court and turn what would be an embarrassing but fairly low-key settlement into a highly visible PR disaster.

Precisely. Just adding to all the bad news - there is probably no good news that can counteract all the bad!

KRviator 13th Sep 2023 04:25


Originally Posted by Icarus2001 (Post 11501872)
The fine and any compensation amounts will be viewed as simply the cost of doing business.

Guess what, who do you think pays for their decision in the end? Their passengers.

And therein lies the problem. A fine, or penalty is a one-off payment. What should occur to discourage such actions in the future is for Qantas (or any business who pulls a similar trick) to have to pay an annual and till-the-end-of-time fine equivalent to the $$ they think they have "saved" by punting their workforce.

Ie, if QF had done nothing, their in-house staff would have cost $100M. But they punted them and now outsourcing only costs $50M, ergo, they should have to pay an annual fine of $50M, to dissuade a repeat and such a once-off fine being viewed as "just the cost of doing business".

Why? Because sure they can outsource, and if its' found to be legal, then yep, they will save that $50M, but if it's found to be illegal, then there's no savings to be had at all, so why run the risk?

Ain't gonna happen though, and unless the fine is in the billions of dollars, then there's no disincentive for it to happen again, save bad PR...

walesregent 13th Sep 2023 04:40


Originally Posted by neville_nobody (Post 11501906)
The Litmus Test for what the Chairman’s Lounge is really about will be if QF keep High Court Judges on the books. If QF come out in the next few weeks and remove the High Court from the lounge then that will speak volumes about what is really going on.


I think Qantas is now left pondering who owns who. They will be f*cked if they start cutting privileges because court rulings don’t go their way.

dragon man 13th Sep 2023 04:45

[img]data:image/gif;base64,R0lGODlhAQABAIAAAAAAAP///yH5BAEAAAAALAAAAAABAAEAAAIBRAA7[/img]

Qantas faces $200m-plus penalty for illegal outsourcing

Qantas has apologised to workers whose jobs were illegally outsourced during the pandemic, after a High Court ruling went against the airline.
https://archive.md/sdXRW/58258d50577...699ea2f4b5.pngRobyn IronsideAviation Writer
@ironsider
4 min read
September 13, 2023 - 2:18PMThe Australian Business Network
https://archive.md/sdXRW/c0d8572f579...76cee96a6.webp
Katter’s Australian Party MP Bob Katter says he will be moving for an inquiry into the Qantas board. “These people that are the slithering Sydney suits that control the share market are corporations in Australia,” Mr Katter told Sky News Australia. He said both the BHP and Qantas boards have been known to appoint CEOs who “are not Australian”. “I have a particular interest here because amongst the first two or three hundred investors in Qantas was my family. “We lost a lot of money, but we didn’t lose money – we invested that money in providing a service for people of outback Australia.”Qantas could face a penalty of more than $200m for the illegal outsourcing of ground handling workers, after the High Court found the decision was motivated by a desire to prevent future industrial action.
The case will now go back to the Federal Court to determine an appropriate penalty after the High Court upheld two previous rulings in favour of the Transport Workers Union.
In a momentous decision, the High Court dismissed Qantas’ appeal, and found the airline was motivated by prohibited reasons in the mass sacking — namely a desire to prevent industrial action when a new enterprise agreement was negotiated.
In response to the ruling, Qantas said it acknowledged and accepted the High Court’s decision to uphold two prior rulings by the Federal Court.
“As we have said from the beginning, we deeply regret the personal impact the outsourcing decision had on all those affected and we sincerely apologise for that,” said a statement.
“A prior decision by the Federal Court has ruled out reinstatement of workers but it will now consider penalties for the breach and compensation for relevant employees which will factor in redundancy payments already made by Qantas.”
The TWU had argued Qantas used the pandemic to enact a years-old plan to dismantle the heavily unionised workforce consisting of baggage handlers, tug drivers and cleaners.
Qantas claimed it was purely motivated by “commercial reasons” with the outsourcing intended to save the airline $100m a year in labour costs, and another $80m over five years in equipment and maintenance.
TWU national secretary Michael Kaine hailed the decision as a “massive result” for workers and repeated calls for the Qantas board to go.
“It has been three years and 20 days since Alan Joyce first announced the decision to outsource these workers, and they have not stopped fighting for a moment to ensure justice was served,” said Mr Kaine.
“The final act of this board should be to strip Alan Joyce of his bonuses and follow him out the door.”
He said it was impossible for Qantas to start afresh with “the same board that resided over the largest case of illegal sackings in Australian corporate history”.
“Richard Goyder cannot make it through another day as chair,” Mr Kaine said.
“Qantas needs a fresh start. A worker voice on the board would make a significant difference and send the right signal that Qantas is serious about getting back on track.”
Mr Kaine also called on new chief executive Vanessa Hudson to publicly apologise to the sacked workers, and commit to a “non-adversarial to Federal Court hearings on compensation and penalties”.
The unanimous judgment rejected Qantas’s argument that it could not deny workers their rights to protected industrial action, when they did not have those rights at the time of the outsourcing.
“In short, a person who takes adverse action against another person for a substantial and operative reason of preventing the exercise of a workplace right by the other person contravenes (the Fair Work Act), regardless of whether that other person has the relevant workplace right at the time the adverse action is taken,” said the ruling.
“Qantas did not avoid the operation of (the Fair Work Act) in relation to its adverse action by taking the action prior to the existence of the workplace rights, the exercise of which Qantas sought to thwart.”
https://archive.md/sdXRW/d99ace5237b...6dc9f5e14.webp
In 1996, you could fly from Sydney to London first class return for about 200,000 Qantas Frequent Flyer points – now you’ll need more than twice that.
Maurice Blackburn Lawyers principal Josh Bornstein indicated a penalty in the vicinity of $100m would be sought by the TWU plus compensation for the workers which could amount to another $100m plus.
He said Qantas had profited by dragging out the case for years.
“Qantas argued in the High Court that it should be permitted to sack workers merely because they wanted to bargain with the airline. Had the appeal succeeded, it would have greenlighted the further de-unionisation of the labour market by big business,” Mr Bornstein said.
“Qantas has fought this case every step of the way. For three long years, the sacked workers have waited for justice. During that time, the company has profited significantly from its illegal conduct”.
Multinational companies including Swissport, Menzies and dnata were contracted by Qantas to do the work in the place of its own workforce.
As travel ramped up, the outsourcing was blamed for multiple problems for customers, including higher rates of mishandled and damaged luggage, long waits at baggage carousels and minor collisions between aircraft and vehicles on the tarmac.
Other unions joined the TWU in hailing the High Court decision.
The Flight Attendants Association of Australia said it was a clear victory for workers, and the Australian Services Union said the decision was “another nail in the coffin for the manner of business undertaken by Qantas under previous management”.
“Qantas has been in the news for all the wrong reasons and new management has a serious task ahead of it to rebuild the trust of workers and the travelling public,” said ASU assistant national secretary Emaline Gaske.
“Looking ahead, the ASU will collaborate with new management to put an end to years of outsourcing and relentless cost-cutting.”
Qantas had been sweating on the decision after weeks of negative publicity and public outrage over a mountain of unused travel credits, high airfares and big executive bonuses.

More Coverage

https://archive.md/sdXRW/bb35f795bb8...b1e3ee1214.jpgQantas drafts in ‘transformation’ specialist
https://archive.md/sdXRW/bb35f795bb8...b1e3ee1214.jpgQantas chair must clear out the board after Joyce woes
The company is also facing a lawsuit by the Australian Competition and Consumer Commission, alleging Qantas sold tickets on already cancelled flights in early to mid-2022.
The growing crises enveloping Qantas resulted in former CEO Alan Joyce bringing forward his retirement by two-months last week to “help accelerate the renewal process”.
Ms Hudson has kept a low profile since taking over the top job, after directing her executive team to fix problems and focus on customers

Lead Balloon 13th Sep 2023 04:53


Originally Posted by neville_nobody (Post 11501906)
The Litmus Test for what the Chairman’s Lounge is really about will be if QF keep High Court Judges on the books. If QF come out in the next few weeks and remove the High Court from the lounge then that will speak volumes about what is really going on.

Qantas won't punt High Court judges from the CL.
What should happen is that the Parliament should legislate to ban any Commonwealth official, judge, member of Parliament, member of the ADF etc from accepting the largesse. And pigs might fly...

MK 4A Tank 13th Sep 2023 05:25

JUSTICE SERVED!!
 
Qantas illegally fired 1,700 workers during pandemic - top court - BBC News

dragon man 13th Sep 2023 05:33

All of this makes me so happy.

‘Workers put through hell’: Qantas loses High Court appeal over sacking of 1,700 staff

As one pilot remarked, 'Pity Joyce wasn't here to face the fire that he caused. Hopefully some more heads will roll'.

MICHAEL SAINSBURY

SEP 13, 2023

30

Give this article
https://ci4.googleusercontent.com/pr...copy.jpg?w=740FORMER QANTAS CEO ALAN JOYCE (IMAGE: AAP/DEAN LEWINS)Qantas has today lost its appeal to the High Court for illegally sacking 1,700 baggage handlers, cleaners and ground staff, and calls for a clean-out of the airline’s board have reached fever pitch.

Qantas has now been found guilty by the Federal Court, the Federal Court of Appeals and Australia’s highest court in a devastating unanimous decision by the seven justices in a case brought by the Transport Workers’ Union (TWU). The national carrier is now on the path to paying the multimillion-dollar legal bill on both sides, compensation to workers, and to clawing back bonuses from senior executives.

During the court hearings, Qantas conveniently maintained that the “sole decision-maker” in the matter was domestic and international division CEO Andrew David, who leaves the company this month — but the strategy clearly came from the top of the company.

Qantas chairman Richard Goyder and the entire board must be replaced by new directors, including a worker representative, after the High Court today unanimously upheld two Federal Court verdicts that Qantas illegally outsourced 1,700 workers, the TWU said.

The decision is the latest blow to the airline, already under fire for selling tickets for 8,000 flights it allegedly knew were already cancelled in 2022, and has significantly amplified the already tumultuous start to new CEO Vanessa Hudson’s administration.
https://ci3.googleusercontent.com/pr...4&h=120&crop=1

Qantas critics for the meat grinder? Airline hires bin Salman’s reputation launderer

Read More“You owe these workers and their families a deep and sincere apology,” TWU national secretary Michael Kaine told Hudson.

“These workers have been put through hell. Their families have been put through hell. Their lives have been dislocated. Some of them forever. Separations. Loss of property. That’s the consequence of this illegal decision. You need to apologise to these workers straightaway. And not just in words, but in actions.”

The decision should see the removal of senior staff and legal advisers from the company, and may well be the final nail in the coffin for Goyder and many of his board members, who backed the strategy. The company has spent millions of shareholder funds fighting the TWU, which has scored a major victory for Qantas staff and Australian workers.

Qantas staff are also hopeful that the decision will see a much-needed clean-out at the company. “Good that this didn’t go Qantas’ way. Pity Joyce wasn’t here to face the fire that he caused. Hopefully some more heads will roll”, one engineer said.

A Qantas pilot said: “The company had no moral compass and would make Gordon Gekko blush.”

Today’s decision will also serve as a wake-up call for corporate Australia. As Josh Bornstein, partner at law firm Maurice Blackburn who ran the TWU case, said: “Had the appeal succeeded, it would have greenlighted the further de-unionisation of the labour market by big business.”

“When companies outsource workers like Qantas, they effectively avoid having to bargain with their labour. Instead, they engage labour hire agencies and dictate to those agencies what they are willing to pay for labour. Outsourcing has been one of the reasons that employees have lost the ability to obtain real wage increases. Qantas engaged in a collective bargaining avoidance scheme and, thankfully, the High Court has recognised that it was illegal.”

The Federal Court found that during the height of the coronavirus pandemic, when most aviation was shut down, Qantas seized on a “vanishing window of opportunity” to get rid of its unionised baggage handlers, sacking the workers when they were deprived of bargaining power.

Qantas counsel Justin Gleeson SC told the High Court at its hearing in May that the airline was “bleeding cash” due to the pandemic. Since then it has posted a profit of almost $2.5 billion for the 2023 financial year.

Qantas received $2.7 billion in taxpayer subsidies throughout the pandemic, $856 million of which was JobKeeper to keep workers employed — the highest amount of JobKeeper paid to any company. Yet, by August 2021, 9,400 employees had left Qantas following redundancies and outsourcing.
https://ci6.googleusercontent.com/pr...4&h=120&crop=1

Richard Goyder’s days as Qantas chairman are numbered — and deservedly so

Read MoreQantas argued it could not have breached employee rights, as employees did not have the right to take protected industrial action at the time of the decision to outsource.

“The issue before the High Court was whether s 340(1)(b) of the act prohibited a person from taking adverse action against another person for the purpose of preventing the exercise of a workplace right that might arise in the future. The High Court unanimously held that it did and, in so doing, rejected Qantas’ contention that s 340(1)(b) only proscribed adverse action for the purpose of preventing the exercise of a presently existing workplace right,” the High Court said in a summary of its judgment.

Bornstein said Qantas had profited by dragging out the case for three years. “Qantas argued in the High Court that it should be permitted to sack workers merely because they wanted to bargain with the airline.”

“Qantas has fought this case every step of the way. For three long years, the sacked workers have waited for justice. During that time, the company has profited significantly from its illegal conduct”.

“The case isn’t over. Our legal team will now ask the Federal Court to hear claims for compensation for all adversely impacted workers and then seek a substantial penalty against Qantas,” said Bornstein.

Since the outsourcing, Qantas’ service has nosedived, TWU said, with complaints increasing 70% in 2022 amid high cancellations, delays and lost baggage. Company sources said that the only answer from Qantas’ airport managers, 10 days ago, was to “get Dnata [a ground handling outsourcer] to reduce delays”.

“The decision to outsource the remainder of the airline’s ground handling function was made in August 2020, when borders were closed, lockdowns were in place and no COVID vaccine existed. The likelihood of a years-long crisis led Qantas to restructure its business to improve its ability to survive and ultimately recover,“ Qantas said in a brief statement. “As we have said from the beginning, we deeply regret the personal impact the outsourcing decision had on all those affected and we sincerely apologise for that.”

“When you decide to fight Qantas, you know you have to throw everything at it … A real David and Goliath struggle, but it shows what workers can achieve when they pull together and join together and stand up for what is right through the union,” ACTU boss Sally McManus said.

Qantas faces three further court challenges: record penalties of $600 million sought by the ACCC for selling alleged cancelled flights, a criminal prosecution from the NSW safety regulator for standing down a health and safety representative during the pandemic, and a class action from angry customers who say they were misled and denied refunds.

Crikey has learned from staff based at Sydney Airport that former CEO Alan Joyce boarded an Emirates flight to Dublin the day he departed the company, accompanied by a security detail so he did not “have to interact with other passengers or onlookers

blubak 13th Sep 2023 06:01


Originally Posted by dragon man (Post 11501928)
All of this makes me so happy.

‘Workers put through hell’: Qantas loses High Court appeal over sacking of 1,700 staff

As one pilot remarked, 'Pity Joyce wasn't here to face the fire that he caused. Hopefully some more heads will roll'.

MICHAEL SAINSBURY

SEP 13, 2023

30

Give this article
https://ci4.googleusercontent.com/pr...copy.jpg?w=740FORMER QANTAS CEO ALAN JOYCE (IMAGE: AAP/DEAN LEWINS)Qantas has today lost its appeal to the High Court for illegally sacking 1,700 baggage handlers, cleaners and ground staff, and calls for a clean-out of the airline’s board have reached fever pitch.

Qantas has now been found guilty by the Federal Court, the Federal Court of Appeals and Australia’s highest court in a devastating unanimous decision by the seven justices in a case brought by the Transport Workers’ Union (TWU). The national carrier is now on the path to paying the multimillion-dollar legal bill on both sides, compensation to workers, and to clawing back bonuses from senior executives.

During the court hearings, Qantas conveniently maintained that the “sole decision-maker” in the matter was domestic and international division CEO Andrew David, who leaves the company this month — but the strategy clearly came from the top of the company.

Qantas chairman Richard Goyder and the entire board must be replaced by new directors, including a worker representative, after the High Court today unanimously upheld two Federal Court verdicts that Qantas illegally outsourced 1,700 workers, the TWU said.

The decision is the latest blow to the airline, already under fire for selling tickets for 8,000 flights it allegedly knew were already cancelled in 2022, and has significantly amplified the already tumultuous start to new CEO Vanessa Hudson’s administration.
https://ci3.googleusercontent.com/pr...4&h=120&crop=1

Qantas critics for the meat grinder? Airline hires bin Salman’s reputation launderer

Read More“You owe these workers and their families a deep and sincere apology,” TWU national secretary Michael Kaine told Hudson.

“These workers have been put through hell. Their families have been put through hell. Their lives have been dislocated. Some of them forever. Separations. Loss of property. That’s the consequence of this illegal decision. You need to apologise to these workers straightaway. And not just in words, but in actions.”

The decision should see the removal of senior staff and legal advisers from the company, and may well be the final nail in the coffin for Goyder and many of his board members, who backed the strategy. The company has spent millions of shareholder funds fighting the TWU, which has scored a major victory for Qantas staff and Australian workers.

Qantas staff are also hopeful that the decision will see a much-needed clean-out at the company. “Good that this didn’t go Qantas’ way. Pity Joyce wasn’t here to face the fire that he caused. Hopefully some more heads will roll”, one engineer said.

A Qantas pilot said: “The company had no moral compass and would make Gordon Gekko blush.”

Today’s decision will also serve as a wake-up call for corporate Australia. As Josh Bornstein, partner at law firm Maurice Blackburn who ran the TWU case, said: “Had the appeal succeeded, it would have greenlighted the further de-unionisation of the labour market by big business.”

“When companies outsource workers like Qantas, they effectively avoid having to bargain with their labour. Instead, they engage labour hire agencies and dictate to those agencies what they are willing to pay for labour. Outsourcing has been one of the reasons that employees have lost the ability to obtain real wage increases. Qantas engaged in a collective bargaining avoidance scheme and, thankfully, the High Court has recognised that it was illegal.”

The Federal Court found that during the height of the coronavirus pandemic, when most aviation was shut down, Qantas seized on a “vanishing window of opportunity” to get rid of its unionised baggage handlers, sacking the workers when they were deprived of bargaining power.

Qantas counsel Justin Gleeson SC told the High Court at its hearing in May that the airline was “bleeding cash” due to the pandemic. Since then it has posted a profit of almost $2.5 billion for the 2023 financial year.

Qantas received $2.7 billion in taxpayer subsidies throughout the pandemic, $856 million of which was JobKeeper to keep workers employed — the highest amount of JobKeeper paid to any company. Yet, by August 2021, 9,400 employees had left Qantas following redundancies and outsourcing.
https://ci6.googleusercontent.com/pr...4&h=120&crop=1

Richard Goyder’s days as Qantas chairman are numbered — and deservedly so

Read MoreQantas argued it could not have breached employee rights, as employees did not have the right to take protected industrial action at the time of the decision to outsource.

“The issue before the High Court was whether s 340(1)(b) of the act prohibited a person from taking adverse action against another person for the purpose of preventing the exercise of a workplace right that might arise in the future. The High Court unanimously held that it did and, in so doing, rejected Qantas’ contention that s 340(1)(b) only proscribed adverse action for the purpose of preventing the exercise of a presently existing workplace right,” the High Court said in a summary of its judgment.

Bornstein said Qantas had profited by dragging out the case for three years. “Qantas argued in the High Court that it should be permitted to sack workers merely because they wanted to bargain with the airline.”

“Qantas has fought this case every step of the way. For three long years, the sacked workers have waited for justice. During that time, the company has profited significantly from its illegal conduct”.

“The case isn’t over. Our legal team will now ask the Federal Court to hear claims for compensation for all adversely impacted workers and then seek a substantial penalty against Qantas,” said Bornstein.

Since the outsourcing, Qantas’ service has nosedived, TWU said, with complaints increasing 70% in 2022 amid high cancellations, delays and lost baggage. Company sources said that the only answer from Qantas’ airport managers, 10 days ago, was to “get Dnata [a ground handling outsourcer] to reduce delays”.

“The decision to outsource the remainder of the airline’s ground handling function was made in August 2020, when borders were closed, lockdowns were in place and no COVID vaccine existed. The likelihood of a years-long crisis led Qantas to restructure its business to improve its ability to survive and ultimately recover,“ Qantas said in a brief statement. “As we have said from the beginning, we deeply regret the personal impact the outsourcing decision had on all those affected and we sincerely apologise for that.”

“When you decide to fight Qantas, you know you have to throw everything at it … A real David and Goliath struggle, but it shows what workers can achieve when they pull together and join together and stand up for what is right through the union,” ACTU boss Sally McManus said.

Qantas faces three further court challenges: record penalties of $600 million sought by the ACCC for selling alleged cancelled flights, a criminal prosecution from the NSW safety regulator for standing down a health and safety representative during the pandemic, and a class action from angry customers who say they were misled and denied refunds.

Crikey has learned from staff based at Sydney Airport that former CEO Alan Joyce boarded an Emirates flight to Dublin the day he departed the company, accompanied by a security detail so he did not “have to interact with other passengers or onlookers

Shows you what a brave little coward AJ really is( not that we werent aware of it before).
Its time now for him & his little band of followers to be put through hell & face reality.
They have lived in a world where everyone else was wrong except them & now they might just realise where all their bullying has landed them.
Well done to the TWU for standing up to them & not folding to these self righteous entitled arrogant bullies of this world.

ozbiggles 13th Sep 2023 06:09

Lucky no one knew what was coming when he sold all those shares….won’t it be ironic if in the end that is the undoing.

blubak 13th Sep 2023 06:26


Originally Posted by MK 4A Tank (Post 11501926)

I hope the press in dublin are reporting this also, would be a nice morning read for the little grub who thinks he has escaped the fall out.

PoppaJo 13th Sep 2023 06:54

You think the board or executive team care? They achieved the mission.

This company has many similarities with the Victorian government. Political/Business interests first, public interest second.

Hollywood1 13th Sep 2023 06:58

So what happens now? Will those 1700 workers all get their jobs back? If not, then I think QF still wins, if all that happens is a fine and an apology.

BuzzBox 13th Sep 2023 07:15


Originally Posted by Hollywood1 (Post 11501956)
So what happens now? Will those 1700 workers all get their jobs back? If not, then I think QF still wins, if all that happens is a fine and an apology.

The Federal Court has already ruled that it would be "impractical" for the workers to be reinstated to their previous positions. The TWU is seeking a hefty fine and compensation, but at the end of the day Qantas still got what it wanted.

neville_nobody 13th Sep 2023 07:20

Qantas have “won” the war even if they lost the battle.

ampclamp 13th Sep 2023 07:21

If I recall correctly, the federal court basically said its too complex (or words to that effect) to force reinstatement when Qantas lost initially.

So, presumably that will stand, but one would think now that they have run out of appeals, compensation and fines would be imposed.

If so it must be substantial as a deterrent and not just allow them to have a long term win and shrug it off as "a cost of doing business."

The cost of lost wages for 1700 staff and compensation for lost future earnings would be substantial if was to be applied. Let alone any fines.



admikar 13th Sep 2023 07:44

Here, all those workers would also get all missed salaries/bonuses.

CaptCloudbuster 13th Sep 2023 07:46


Originally Posted by neville_nobody (Post 11501971)
Qantas have “won” the war even if they lost the battle.

at what cost?

”Penny wise, pound foolish”. Not even penny wise in my experience.

Deano969 13th Sep 2023 08:02

3 years lost wages @ $100k give or take would be around $500mil + the same again for a fine or a cool billion would seem fair


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