The Transport Workers Union has called for Qantas CEO Alan Joyce to be sacked.Credit:Michael Quelch
Both Qantas and the union appealled,with Qantas objecting to the finding that it infringed the Fair Work Act and the union appealing again for Qantas to reinstate the workers.
But in ajudgment delivered on Wednesday morning,the Full Court dismissed both appeals and upheld its initial ruling that Qantas was partially motivated to avoid future industrial action but also that the airline did not need to re-hire the workers.
“The Court ... finds that the primary judge did not err in concluding that preventing the exercise of a workplace right was more than a mere contributing cause or consideration for the decision,” Federal Court documents stated.
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“The primary judge found that if the affected employees were reinstated,Qantas would,as soon as it was legally possible,retrench them.”
Qantas will face penalties and potentially have to pay compensation to workers,but this is yet to be determined.
The Transport Workers Union (TWU) said the decision was a “huge victory” and demanded Qantas chief executive Alan Joyce and Andrew David,CEO of Qantas’ domestic and international division,lose their jobs.