Court asked to order Qantas to reinstate workers

A union request to have a court order Qantas to reinstate 2000 workers has been described by the judge as ‘unworkable’.

Qantas travellers retrieve bags from contractor belts at Adelaide Airport. Picture: Matt Loxton

The Transport Workers Union has asked the Federal Court to make orders to reinstate 2000 workers axed by Qantas when their jobs were outsourced, or provide compensation.

The request came after the court ruled on Friday the outsourcing was unlawful, because Qantas took into consideration the risk those workers would strike in 2021 during new enterprise agreement negotiations.

Qantas pledged to appeal the ruling after insisting the outsourcing was done purely for commercial reasons, arguing the airline had been hiring ground workers prior to the Covid pandemic.

In court on Wednesday Matthew Follett for Qantas suggested that it was not practical to decide on “relief” in the case until the appeal was heard.

But Judge Michael Lee warned it could take years for the Full Court to hear an appeal and questioned whether it was fair to leave 2000 workers in doubt for that long.

However he also suggested the TWU’s request for the reinstatement of the former employees was “unworkable” given the time that had elapsed, the redundancies paid and the likelihood some had taken new jobs.

“I’m struggling to see how you could deal with this matter … in a way that’s contemplated by the proposed orders,” said Justice Lee.

Matthew Follett for Qantas agreed that it would be problematic to make orders for reinstatement of the baggage handlers, ground crews and cleaners.

“You would need to look at where in the life cycle of employment each individual was, potentially what their state of health was, because if your honour is contemplating compensation for loss of opportunity to earn future earnings then contingencies need to be brought into account,” said Mr Follett.

“We’re talking about a period of time since employment was lost and the circumstances of individuals in terms of alternative employment, alternative earnings, all of which would have to be brought into account in assessing the true value of compensation.”

He said it was also not clear to Qantas that an order could be made to reinstate the workers, given they were employed by Qantas Ground Services, which no longer existed.

Mark Gibian SC, for the TWU, said it would be within the capacity of the court to make a reinstatement order of that “general nature”.

“Obviously an individual is not compelled to take up that reinstatement,” Mr Gibian said.

He pointed to a case in Greater Dandenong where the reinstatement of 80 workers was ordered, ten of whom opted for compensation instead.

Justice Lee noted that Qantas did not want the hearing on relief to proceed this year, because of the possibility the original judgment could be overturned on appeal.

Nevertheless the judge ordered both parties to make proposals on how appropriate relief should be made ahead of another hearing on August 18.