On 13 September 2023, the High Court of Australia handed its decision in Qantas Airways Limited v Transport Workers Union of Australia [2023] HCA 27. The decision is significant and will have major implications for all employers.

The question to be determined by the High Court was, does the Fair Work Act 2009 prohibit a person from taking adverse action in circumstances where a workplace right may arise? The High Court unanimously held protection was afforded to future workplace rights, even if those rights never arise.

This extension is significant and will impact the way decisions are made, including for example:

• Restructuring operations to avoid the exercise of a right, including, enterprise bargaining; and
• Deliberately terminating employment to prevent an employee gaining access to the unfair dismissal jurisdiction through the completion of 6 months continuous service (or 12 months for small business).

A lack of understanding will lead to an increase in adverse actions claims. Adverse action claims are notoriously difficult to defend as employers have a reverse onus of proof meaning significant time and costs will be incurred, as well as an unlimited compensation cap.

Be prepared and be informed. Join our expert Workplace Relations and Wellbeing Consulting team for a 2-hour deep dive into the case and it’s impacts including:

• An overview of the general protections (adverse action) provisions;
• An analysis of the decision including the arguments of Qantas, the TWU and the Minister for Employment and Workplace Relations;
• A summary of how the decision extends the general protections provisions;
• Examples of how and when adverse action could be taken in line with the decision; and
• Practical guidance to support businesses and help avoid adverse action, as well as the actions you can take to put your best foot forward, in the event you do receive a claim.

This in-depth on-line session is a must for any HR practitioner, director or business owner responsible for employing, managing and terminating employees.

The cost of this includes a 30-minute consultation with a Workplace Relations and Wellbeing Consultant. The consultation can be booked after the webinar, and is available for a period of up to 3 months.

Member credits can be used for all or part of the event price.