Fair Work Infoline: 13 13 94
Media Release
27 Oct 2009
Union prosecuted over alleged unlawful
industrial action
The Fair Work Ombudsman has launched a prosecution against the Transport Workers’
Union of Australia (TWU), the TWU Queensland branch and their officials over alleged
unlawful industrial action by Qantas baggage handlers in Sydney, Brisbane, Adelaide and
Perth in March this year.
The six respondents to the prosecution are the TWU, the TWU Queensland branch, and
four of their officials and organisers, Anthony Sheldon, Scott Connolly, John Loader and
Rick Burton.
In court documents lodged in the Federal Court in Sydney, the Fair Work Ombudsman
alleges each respondent played a role in organising Qantas baggage handlers to engage in
coordinated unlawful industrial action for approximately four hours at Sydney, Brisbane,
Adelaide and Perth airports on 30 March 2009.
It is alleged that the majority of the baggage handlers who participated in the industrial
action were TWU members.
The industrial action was allegedly conducted in objection to the outsourcing of work by
Qantas and over concerns about airport security.
The Fair Work Ombudsman will allege the industrial action was unlawful because it was
conducted before the Qantas baggage handlers’ enterprise bargaining agreement expired
in 2011.
Fair Work Ombudsman Nicholas Wilson says the decision to launch the prosecution was
made because workplace laws regarding how industrial action can be lawfully conducted
had allegedly not been adhered to.
The TWU and the TWU Queensland branch each face a maximum potential fine of $33,000
per alleged breach, while the four TWU officials each face a maximum fine of $6600 per
alleged breach.
This prosecution follows a separate prosecution launched recently by the Fair Work
Ombudsman against the TWU for allegedly organising unlawful industrial action by Qantas
baggage handlers at Adelaide and Melbourne in 2007.
The Fair Work Ombudsman promotes harmonious, productive and co-operative
workplaces. It also monitors compliance with and investigates breaches of national
workplace laws.
Employers or employees seeking assistance should contact the Fair Work Infoline on 13 13
Media inquiries: Craig Bildstien, 0419 818 484, Ryan Pedler, 0434 365 924.
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