Sacked airport worker takes Qantas to court over Covid safety
Qantas staff were told it was “business as usual” when Covid concerns were raised about cleaning planes arriving from China, a court has been told.
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Qantas is fighting allegations it acted illegally when it stood down a health and safety representative who raised concerns about cleaning aircraft inbound from China early in the Covid-19 pandemic.
A 10-day hearing kicked off in the NSW District Court on Monday when Judge David Russell was told the aviation giant stood down Theo Seremetidis at the beginning of the pandemic in 2020.
Crown prosecutor Patricia McDonald SC told the court that Mr Seremetidis was let go from his employment amid “increasing concerns by other employees about the risk of contracting Covid-19 after cleaning passenger planes arriving from China”.
He had been a Qantas employee since 2014 in the position of ground crew fleet presentation at Sydney international airport.
The court was told Mr Seremetidis raised concerns with his employer that Qantas ground staff at Sydney international airport were being required to clean aircraft arriving from China without adequate personal protective equipment, disinfectant or Covid-safe training.
He was later stood down after raising his concerns and advising cabin cleaners of their safety rights at the start of the pandemic.
Ms McDonald told the court there was “evidence of concern” that was expressed by members of different crews responsible for cleaning planes in January 2020.
A Qantas letter to fleet staff was read to the court from January 2020 when news of the virus began to spread. It said: “Please be advised for fleet presentation staff it is business as usual and no additional PPE is required.”
Ms McDonald said Mr Seremetidis would give evidence that he had researched the virus during his time off and discovered it could be transmitted even when a person was symptom free.
The court was told that when Mr Seremetidis arrived to his shift on the morning of February 2, 2020, he was approached by workers who expressed their concern about health and safety.
“When they expressed their concern, he gives the direction they can cease unsafe work – cleaning the flights from China,” Ms McDonald said.
Later that day Mr Seremetidis was brought into a meeting with a supervisor who told him he was being stood down, the court was told.
“He was stood down for ‘ceasing or directing workers to cease unsafe work, that is causing anxiety amongst the workforce’,” Ms McDonald said.
Qantas’ defence solicitor Bruce Hodgkinson gave opening submissions on Monday afternoon, saying the determination of all issues must be taken without the benefit of hindsight.
He told the court it should only “take into regard what was known at the relevant time”.
“We know a lot more about Covid now, we have been educated by various sources since February 2, 2020,” Mr Hodgkinson said.
“But the decisions on both sides were made in light of information that was known then, the circumstances as they were understood to exist at that time.
“The fact we may have made different decisions now has no role to play.”
At the time, Mr Hodgkinson said 98.6 per cent of Covid cases were in mainland China, so the risk assessment of getting the infection in Australia was “very low”.
He said all Qantas workers were given up-to-date information about the virus and the protocols to take.
“That information is derived by the medical department in Qantas assessing all available information including international sources to come to the point that directly comes to effect,” Mr Hodgkinson said.
“Staff were told normal PPE was efficient for all ground workers and there is no expert evidence from the prosecution to suggest it was in any way wrong.”
Outside the Downing Centre Court on Monday, the Transport Workers Union said the decision to stand down Mr Seremetidis was discriminatory conduct in criminal breach of the Workplace Health and Safety Act.
The court case, the first of its kind in Australia, is assessing Qantas’ conduct and determine whether the company failed to provide proper workplace health and safety processes for its staff.
TWU national secretary Michael Kaine said the hearing followed a decision by the safety regulator that it had sufficient evidence to prosecute Qantas for targeting and standing down an employee as a result of his advice to workers on their rights to cease unsafe work.
Mr Kaine said Qantas had used “corporate bullying tactics” and acted negligibly when protecting its workers against Covid-19.
“This is a company (that uses) corporate bullying and standover tactics and that’s being challenged today in the courts,” he said.
“Over time it was proved that Theo was right, and that’s why the prosecution here has the confidence that Qantas criminally breached workplace laws in standing Theo down.
“This is a significant decision for workplace health and safety representatives across the county.”
TWU NSW/Queensland branch secretary Richard Olsen said Mr Seremetidis took his role as a health and safety representative seriously.
“He was highly trained and had issued several provisional improvement notices on Qantas in accordance with his powers and functions under the WHS Act,” he said.
“He cared deeply about the safety of his colleagues who were responsible for cleaning Qantas aircraft, particularly as the pandemic kicked off and workers were not provided proper PPE or even the basic provision of disinfectant.
“This is a landmark prosecution and a crucial test case for discriminatory conduct against trained worker representatives protected by robust workplace health and safety legislation.
A Qantas spokesman told NCA NewsWire Mr Seremetidis was not stood down for raising safety concerns.
“Rather, he was directed not to come to work while he was investigated for failing to comply with our standards of conduct policy, including allegations of attempting to incite unprotected industrial action,” he said.
“There are established, legal mechanisms for health and safety representatives to follow if they have concerns.
“It’s worth noting that there was not a single positive Covid case carried on any of our flights back from China.”
NSW MLC Mark Buttigieg said he was “very heartened” to see the case proceed on Monday.
“It’s so important that Theo, who was doing what’s expected of him, took his role as a workplace health and safety representative very seriously in the workplace and tried to help fellow workers by pointing out to them they were being asked to clean planes without the proper protection,” Mr Buttigieg said.
He said the way Qantas acted was “unconscionable”.
Mr Kaine said if the court found Qantas guilty, it would be a landmark win for health and safety representatives across Australia.
“If the District Court agrees that Qantas was in criminal breach of the WHS Act by targeting a trained health and safety rep, it will achieve Qantas yet another accolade for attacking workers – alongside the crown for the largest case of illegal sackings in the country as determined twice by the Federal Court,” he said.
“The standing down of Theo coincided with Qantas’ efforts to downplay the deadly virus in public commentary and worker briefings.
“Shortly after, a Covid cluster occurred in the Qantas baggage room in Adelaide, which almost claimed the life of one of our members.”
The hearing will continue for the next nine days.
Originally published as Sacked airport worker takes Qantas to court over Covid safety
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