Australian Chamber of Commerce and Industry (ACCI) chief executive Andrew McKellar said the ruling would have a “wide-ranging impact” on businesses of all sizes.
“This case was not about the legitimacy of labour hire or outsourcing as a commercial decision. The High Court did not,and would not,address that issue,” he said.
“It is specifically stated in the case that Qantas has sound commercial reasons for their decision to outsource. However,the High Court has decided that the manner in which they outsourced their operations was not in keeping with the general protections regime,” he said.
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This means that,while the case has nothing to do with the government’s proposed industrial relations laws before Parliament,McKellar thinks it could still “have a wide-ranging impact on the day-to-day operations of businesses of all sizes,including small businesses”.
The Business Council of Australia declined to comment. Australian Industry Group (Ai Group) was also approached for comment.
On Wednesday the High Courtunanimously upheld two rulings made by the Federal Court,which found the airline’s outsourcing of around 1700 baggage handlers,cleaners and ground staff – during the pandemic – was unlawful.