The High Court has found Qantas acted illegally when it sacked 1,700 ground crew workers during the COVID-19 pandemic.
The jobs of baggage handlers and cleaners at 10 airports were outsourced, as the airline faced a dramatic decline in business.
Qantas maintained it made the decision for sound commercial reasons after its business plummeted by more than 90 per cent.
But the Transport Workers’ Union (TWU) told the High Court the airline had also been motivated to head off industrial action when things returned to normal.
The union said the cull was in breach of the Fair Work Act which prohibited actions that interfere with a worker’s rights.
After losing twice in the Federal Court, Qantas then took the case to the High Court, which was asked to consider a more nuanced question about whether the workers had the rights asserted by the union at the time of the outsourcing.
But today the High Court unanimously rejected the appeal by Qantas.
The ruling clears the way for the workers to seek compensation.
The Federal Court had previously been asked to consider reinstatement but that was found to be impractical.
In a statement, Qantas said it accepted the High Court’s decision and apologised for the “personal impact” the sackings had on its former workers.
The airline also maintained its decision was made to ensure the survival of the company while in the throes of the pandemic.
“Borders were closed, lockdowns were in place and no COVID vaccine existed,” the Qantas statement said.
(ABC)
