Qantas Airways Limited v Transport Workers Union of AustraliaCitation:[2023] HCA 27Before:Kiefel CJ, Gageler, Gordon, Edelman, Steward, Gleeson, Jagot JJDate:13 Sep 2023Case Number:S153/2022Read more
The Court held that s 340(1)(b) of the Fair Work Act 2009 (Cth) prohibits adverse action taken to prevent the exercise of a workplace right, even if that right is contingent or not presently existing. The outsourcing decision by Qantas was adverse action intended to prevent employees from exercising such rights.
- Parties
- Respondent: Qantas Airways Ltd; Applicant: Affected Employees
- Jurisdiction
- Australia
- Judgment Date
- 13 September 2023
- Procedural Posture
- Industrial Law / Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Adverse Action, Workplace Rights, Protected Industrial Action, Enterprise Bargaining
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Qantas Airways Ltd
Respondent
Affected Employees
Applicant
Procedural Posture
Industrial Law / Judgment
Legal Issues
- 1 Whether s 340(1)(b) of the Fair Work Act 2009 (Cth) prohibits adverse action taken to prevent the exercise of a workplace right that is not presently existing
- 2 Whether the outsourcing decision constituted adverse action under the Act
Ratio Decidendi
The Court held that s 340(1)(b) of the Fair Work Act 2009 (Cth) prohibits adverse action taken to prevent the exercise of a workplace right, even if that right is contingent or not presently existing. The outsourcing decision by Qantas was adverse action intended to prevent employees from exercising such rights.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed
- Qantas to pay the applicants' costs
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment