Qantas Airways Ltd v Transport Workers' Union of Australia [2022] FCAFC 71

Qantas Airways Ltd v Transport Workers' Union of Australia [2022] FCAFC 71

The Full Court held that Qantas Airways contravened s 340(1)(b) of the FW Act in making the decision to outsource ground handling operations, as it failed to discharge the statutory onus of proving that its decision was not actuated by a substantial and operative reason of preventing employees from exercising their workplace rights to engage in protected industrial action or bargaining when their enterprise agreements expired. The Court found that s 340(1)(b) is not confined to presently existing rights, but extends to anticipated, contingent rights, and that the application of the presumption in s 361(1) was appropriate given all the evidence. The appeal against the refusal to order...

Parties
Appellant/respondent: Qantas Airways Ltd; Appellant/respondent: Qantas Ground Services Pty Ltd; Appellant/respondent: Transport Workers' Union of Australia
Jurisdiction
Australia
Judgment Date
04 May 2022
Procedural Posture
Civil Appeal / Full Court (appeal From Trial Judge)
Outcome
Both the Qantas appeal and the TWU appeal were dismissed.
Legal Topics
Adverse Action, Workplace Rights, Protected Industrial Action, Reinstatement, Remedies Under Fair Work Act, Statutory Construction, Compensation and Remedies
Employment and Industrial Relations Adverse Action Workplace Rights Protected Industrial Action Reinstatement Remedies Under Fair Work Act Statutory Construction Compensation and Remedies

Case Brief

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Parties

Qantas Airways Ltd

Appellant/respondent

Qantas Ground Services Pty Ltd

Appellant/respondent

Transport Workers' Union of Australia

Appellant/respondent

Procedural Posture

Civil Appeal / Full Court (appeal From Trial Judge)

Legal Issues

  1. 1 Whether Qantas Airways contravened s 340(1)(b) of the Fair Work Act 2009 (Cth) by deciding to outsource ground handling operations to prevent the exercise of workplace rights by employees
  2. 2 Whether s 340(1)(b) requires a presently held workplace right at time of adverse action
  3. 3 Whether Qantas discharged the onus of rebutting the statutory presumption under s 361(1) of the FW Act

Ratio Decidendi

The Full Court held that Qantas Airways contravened s 340(1)(b) of the FW Act in making the decision to outsource ground handling operations, as it failed to discharge the statutory onus of proving that its decision was not actuated by a substantial and operative reason of preventing employees from exercising their workplace rights to engage in protected industrial action or bargaining when their enterprise agreements expired. The Court found that s 340(1)(b) is not confined to presently existing rights, but extends to anticipated, contingent rights, and that the application of the presumption in s 361(1) was appropriate given all the evidence. The appeal against the refusal to order...

Court Disposition

Both the Qantas appeal and the TWU appeal were dismissed.

Orders

  • The appellant's appeal be dismissed (Qantas appeal)
  • The respondent's cross-appeal be dismissed