Full Court Minute Books

Case S153/2022

Qantas Airways Limited  & Anor v. Transport Workers Union of Australia

Case No.


Case Information

Lower Court Judgment

04/05/2022 Federal Court of Australia (Bromberg, Rangiah and Bromwich JJ)

[2022] FCAFC 71


Industrial law – Adverse action – Workplace right – Whether prohibition s 340(1)(b) only prohibits adverse action taken to prevent exercise of presently existing "workplace right" – Where first appellant made decision to outsource ground operations at 10 airports to third party providers – Where primary judge found outsourcing decision contravened s 340(1)(b) of Fair Work Act 2009 (Cth) – Where, at time of outsourcing decision, one relevant enterprise agreement had not yet reached its nominal expiry date and no process of bargaining for replacement had been initiated, and another enterprise agreement had reached nominal expiry date and process of bargaining had commenced, but no process for protected industrial action been initiated – Where primary judge held first appellant contravened s 340(1)(b), finding first appellant had not discharged reverse onus under s 360(1) of establishing first appellant had not made outsourcing decision to prevent affected employees from exercising workplace rights to organise and engage in protected industrial action.


18/11/2022 Hearing (SLA, Sydney)

02/12/2022 Notice of appeal

20/01/2023 Written submissions (Appellants)

20/01/2023 Chronology (Appellants)

17/02/2023 Written submissions (Respondent)

03/03/2023 Written submissions (Minister for Employment and Workplace Relations intervening)

10/03/2023 Reply (Appellants)

09/05/2023 Hearing (Full Court, Canberra) (Audio-visual recording)

09/05/2023 Outline of oral argument (Appellants)

09/05/2023 Outline of oral argument (Respondent)

09/05/2023 Outline of oral argument (Minister for Employment and Workplace Relations intervening)

10/05/2023 Hearing (Full Court, Canberra) (Audio-visual recording)

13/09/2023 Judgment (Judgment summary)