SafeWork NSW v Qantas Ground Services Pty Ltd (No. 3)

SafeWork NSW brought proceedings against Qantas Ground Services Pty Ltd (Qantas) in the Local Court of New South Wales. The case revolved around incidents that occurred in early February 2020, where a health and safety representative directed employees to cease cleaning planes arriving from China due to concerns about the risk of contracting COVID-19. The representative was subsequently stood down. SafeWork NSW charged Qantas with several offences related to alleged discriminatory conduct and contraventions of work health and safety legislation. The court was tasked with determining whether the health and safety representative's direction constituted a threat, whether there was a reasonable concern that the work would expose workers to a serious risk, and if the necessary consultation had taken place before the direction to cease unsafe work.

The central legal issues before the court included whether Qantas had engaged in discriminatory conduct by altering an employee's position to their detriment, whether the health and safety representative's direction to cease work constituted a threat, and if the required consultation had occurred before the direction was issued. Additionally, the court had to consider whether the reason for the direction was the dominant reason and whether the elements of the offences were sufficiently proven. The case also raised questions about the legal consequences of directing unsafe work without prior consultation.

The Local Court found that SafeWork NSW had proved the elements of the offence beyond reasonable doubt in relation to the incidents on 2 February 2020, leading to a guilty verdict against Qantas in those instances. However, the court found that the prosecution had not proved all elements of the offence beyond reasonable doubt for the incidents on 7 February 2020. The court allowed the prosecution an opportunity to consider an application to the Court of Criminal Appeal before entering final orders. Costs were reserved for later determination, and the matter was listed for a Sentence Hearing and for further argument on proposed questions of law to be stated to the Court of Criminal Appeal.