A win in court for Qantas workers

The Federal Court ruled against Qantas over its outsourcing of over 2,000 jobs in the middle of a pandemic.

The Federal Court found that the aviation giant's decision to dump ground staff and engage sub-contractors may have been partly driven by a desire to prevent future industrial action because of Qantas' highly unionised workforce.

Qantas has vowed to appeal a court ruling that its decision to outsource thousands of jobs was unlawful, saying it "fundamentally disagrees" with the decision.

The Court found that Qantas prevented the impacted workers from exercising workplace rights to organise and engage in protected industrial action and participate in bargaining.

The judgement referred to evidence that Qantas saw the pandemic as a "vanishing window of opportunity to secure the financial benefits of outsourcing."

Labor MLC Mark Buttigieg said the decision was a fantastic result for workers.

"The Court ruling demonstrates that Qantas should not be outsourcing jobs to third parties to drive down wages," he said.

"The job cuts were made last year and impacted long-time and loyal Qantas ground workers, ramp workers, cabin cleaners and baggage handlers, many of them live in the Shire and St George area."

"Qantas management decided to outsource 2,000 jobs during a global pandemic, after taking over $800 million in taxpayer subsidies at the time, which was intended to keep staff employed. "

Mr Buttigieg said Qantas should give the workers their jobs back.

"Qantas management should not have sacked workers and outsourced jobs to a foreign-owned company whilst taking billions in taxpayers money during the pandemic," he said.

"These workers deserve their jobs back now."

A Transport Workers' Union survey of the workers found that 77 per cent want their jobs back. However, some 75 per cent have not been able to find full-time work.

Qantas says the union is giving its workers false hope because the Court has not yet ruled on whether the jobs should be reinstated.

The company warned that it would resist any attempts to give the staff their jobs back or pay them compensation.

Qantas Group executive John Gissing said that the TWU had a "persecution complex".

"The fact is, Qantas deals with the operational risk of industrial action regularly. However, that risk pales in comparison with a pandemic that has grounded our fleet and our people for months and has so far cost us $16 billion in revenue," he said.

Mr Gissing insisted the decision to outsource the ground handling operations was made for commercial reasons.

Link to Federal Court of Australia Judgment: Transport Workers' Union of Australia v Qantas Airways Limited [2021] FCA 873

https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2021/2021fc a0873