Qantas has lost its second attempt to delay a hearing on further relief pending an appeal in its outsourcing spat with the Transport Workers Union, with a judge finding a stay would prejudice the union more than the airline.
Qantas has filed a bid to delay a hearing on penalty after a judge found the airline outsourced ground operations partly to prevent employees engaging in industrial action, but the TWU has said a stay would be āunfairā to 1,600 former ground staff.
Qantas Airways is seeking to overturn a Federal Court finding that its decision to axe 2,000 ground staff and replace them with labour hire workers during the COVID-19 pandemic was made partially to stop workers engaging in industrial action.
Qantas has lost a case brought by the Transport Workers Union that challenged the airlineās decision to axe 2,000 staff and replace them with āinsecureā labour hire workers, with a judge finding Qantas boss Andrew David outsourced ground operations partly to prevent employees engaging in industrial action.
The High Court has granted special leave to the Australian Building and Construction Commissioner in a case dealing with how the CFMEUās history as a serial offender should have been considered when assessing the penalty the union should face for breaches of the Fair Work Act.
In a victory for gig economy workers, the Fair Work Commission has found that a Deliveroo driver who was sacked for not working fast enough was an employee, saying the company’s power to exert control over its workers with data collected through its app weighed in favour of a finding of that employer-employee relationship existed.
Three unions representing Qantas workers have asked the High Court for special leave to appeal aĀ ruling from the Full Federal Court siding with the airline in a dispute over the operation of the JobKeeper wage subsidy.
The Transport Workers’ Union has amended its case against Qantas challenging a decision to outsource 2,000 jobs, after a Federal Court judge urged the union to consider narrowing the lawsuit against the airline.
The terms of the Fair Work Act do not guarantee employees of Qantas or potentially any workers in Australia the right to entitlements such as annual leave for work done while receiving JobKeeper payments, the Full Federal Court has ruled.
The Full Federal Court has upheld a ruling that the CFMEU was “knowingly concerned” in the refusal of union officers to produce entry permits at a Queensland building site, with the appeals court saying it was”difficult” to understand how the union was not an accessory to the contraventions of its employees.