In a dramatic turn, Qantas, one of the leading airlines, faced a humbling setback as its High Court appeal over the controversial sacking of over 1,700 baggage handlers was firmly rejected. This pivotal decision brings a long-awaited sense of justice to those unlawfully dismissed during the peak of the COVID-19 pandemic.
The initial verdict by the Federal Court pointed out that Qantas exploited a temporary crisis situation, capitalizing on the pandemic-induced stagnation in the aviation sector. It was during this period, when most flights were grounded that the airline made the strategic decision to let go of its union-affiliated baggage handlers, replacing them with less expensive labour from third-party companies.
Baggage Handler – Perth Airport
Maurice Blackburn Lawyers’ senior principal, Josh Bornstein, highlighted that Qantas has benefited considerably by stretching this legal battle over three years. He emphasized the airline’s contentious stance, “Qantas’s audacity to present an argument that they have the right to dismiss employees simply based on their desire to negotiate stands as a potential threat to the structure of labor rights.”
Bornstein added, “For years, these unlawfully dismissed employees have patiently waited for justice while Qantas reaped significant gains from their malpractices.” The airline’s outsourcing tactic, circumventing direct negotiation with their workforce, not only marginalizes their staff but also denies them fair wage increments.
“Qantas cleverly crafted a mechanism to avoid collective bargaining, a maneuver now deemed illegal by the High Court,” Bornstein said. With this monumental judgment, the narrative hasn’t reached its final chapter. Bornstein and his team are gearing up to lobby for compensation for the affected workers and press further for a significant penalty against the airline.
In a heartfelt conclusion, Bornstein commended the Transport Workers Union (TWU) for their unwavering determination. “Confronting a powerhouse like Qantas, known for its aggressive corporate tactics, demands unmatched valor,” he asserted.
Written by: Don Power
