Qantas workers take airline to court over sick leave amid pandemic stand down
Qantas is being pursued in the courts by unions who say workers, including a man battling cancer and another awaiting a triple bypass, have been denied access to their leave entitlements.
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Sick workers are taking Qantas to court saying they have been denied access to their leave entitlements after the coronavirus pandemic forced the airline to stand them down.
Late last month, Qantas announced it would stand down about two-thirds of its 30,000 workers even after the federal government announced a $715 million lifeline to the stricken industry.
The Transport Workers Union and the Australian Services Union launched Federal Court proceedings against the flying kangaroo this week, saying workers have been denied sick and carer’s leave.
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They say a man battling cancer and another awaiting a triple bypass are among those now put in a position of financial hardship.
Justice Geoffrey Flick on Tuesday heard the workers were told in late March that they’d be stood down from April 1 as the COVID-19 pandemic effectively halted flights across the world.
But Qantas also informed the workers that, once stood down, they’d not be able to access those parts of their leave, the court heard.
“It is an accepted fact that there is no work for these employees,” Qantas’ barrister Frank Parry QC said on Tuesday.
“We submit (employee) income is not being protected if there is no available or required work from which to derive income in the first place.”
Mr Parry said employees are entitled to be paid if they’re off work but, when there’s no work to be done, there’s also no entitlement.
“We say you’re not taking leave from anything, you’re at home, there’s no work to do,” he told the court.
TWU National Secretary Michael Kaine, in a statement ahead of Tuesday’s hearing, said it was a “heartless” move that saw the two sick employees – along with many others – placed under financial stress.
“They will struggle financially and this will pile pressures and stress on them and their families, making it more difficult for them to focus on getting better,” he said.
“It is a heartless act and we appeal to Qantas to acknowledge the anxiety this is causing sick workers and to reconsider its actions."
The unions have also criticised the airline for asking workers to use their long service and other leave balances to weather the stand down.
Qantas says it plans to introduce additional supports for stood down workers including leave at half pay and early access to long service leave.
The airline says workers with low leave balances can access up to four weeks leave early and sick leave will continue to accrue in the stand down.
“Unfortunately, the devastating impact that travel restrictions have had on airlines means the majority of our employees are stood down and not receiving their regular income – whether that’s normal pay or paid sick leave,” a spokesman told The Daily Telegraph on Tuesday.
“We know it’s a very difficult time for all of our employees.”
The employees are eligible for Jobseeker payments.
CEO Alan Joyce said many airlines around the world were going to collapse because of the pandemic – but Qantas was fighting to be the “last man standing”.
The legislation at the centre of the case, the Fair Work Act, permits workers to be stood down without pay if work stops and the employer cannot be held "reasonably responsible”. However that can be overridden by enterprise agreements.
Mr Parry told the court Qantas could not reasonably be held responsible for the reason the work had dried up, and there was no dispute the stand down was legal in itself.
The question the court has been asked to answer is whether the Fair Work Act or the contracts protect the employees or the employer during the stand down.
Justice Flick will deliver his judgment at a later date.