As part of the Closing Loopholes Act amendments, from 1 July 2024, all Modern Awards and newly made Enterprise Agreements will include a new standard clause prescribing that Workplace (site Union) Delegates will have the right to actively, directly represent the industrial interests of both union members and potential members in the workplace.

This includes the right of a Delegate to represent employees in disputes with their employer.

The recent passage of the Federal Government’s Closing the Loopholes Bill (No. 2) introduced significant and controversial reforms, including the 'right to disconnect'. This article addresses what is the right to disconnect and what are the expectations. 

In August 2021, Holman Webb published an article highlighting the decision in Transport Workers Union of Australia v Qantas Airways Limited [2021] FCA 873, in which a single Judge of the Federal Court of Australia found that Qantas had engaged in adverse action in contravention of the Fair Work Act 2009, in deciding to make its ‘below the wing’ staff redundant.

Case Note: Transport Workers Union of Australia v Qantas Airways Limited 2021 FCA 873

The Trial Judge found that Qantas could not prove a negative - that the substantive and operative cause of the airline’s decision to make the staff redundant was not to prevent the workers exercising a workplace right. The workplace right was identified as the ability to negotiate a new Enterprise Bargaining Agreement in the 6 months following the redundancy. 

Qantas appealed that decision, and the appeal has now been determined.  The Full Court of the Federal Court delivered its judgment in the matter of Qantas Airways Ltd v Transport Workers’ Union of Australia [2022] FCAFC 71 on 4 May 2022, dismissing the Appeal.