Page:Qantas v Transport Workers Union of Australia.pdf/3

 CATCHWORDS

Qantas Airways Limited v Transport Workers Union of Australia

Industrial law (Cth) – Prohibition of taking adverse action against person to prevent exercise of workplace right – Workplace right – Where s 340(1)(b) of Fair Work Act 2009 (Cth) provided that person must not take adverse action against another person to prevent exercise of workplace right – Where Qantas Airways Ltd made decision to outsource ground handling operations – Where outsourcing decision was adverse action in respect of affected employees – Where at time of outsourcing decision affected employees had no presently existing workplace right to organise and engage in protected industrial action and to participate in enterprise bargaining – Whether prohibition in s 340(1)(b) of Fair Work Act only prohibited adverse action taken to prevent exercise of presently existing workplace right.

Words and phrases – "adverse action", "contingent right", "enterprise bargaining", "presently existing right", "prevent", "protected industrial action", "rebuttable presumption", "substantial and operative reasons", "workplace law or workplace instrument", "workplace right". Fair Work Act 2009 (Cth), ss 340, 341, 361.