Qantas fined $250,000 for standing down health and safety representative
04 Apr 2024•BlueSafe Team•Source: SafeWork NSW
Qantas Ground Services Pty Ltd has been convicted and fined $250,000 for unlawfully standing down a health and safety representative who raised concerns about workers’ exposure to COVID-19.
NSW Work Health and Safety Minister Sophie Cotsis welcomed the outcome of the prosecution brought by SafeWork NSW over Qantas’ treatment of Health and Safety Representative (HSR) Theo Seremetidis.
Mr Seremetidis was working for Qantas at Sydney Airport in February 2020. The court heard he directed colleagues to stop cleaning and servicing aircraft arriving from China. Qantas unlawfully stood him down after he raised concerns about workers being exposed to COVID-19.
SafeWork NSW filed charges in the District Court in October 2021 under section 104 of the Work Health and Safety Act 2011, alleging discriminatory conduct for a prohibited reason. It was the first time the regulator had brought charges under that section.
Qantas was found guilty of one charge in November last year. The $250,000 fine follows its agreement to pay Mr Seremetidis $21,000 in personal compensation, comprising $6,000 for economic loss and $15,000 for non-economic loss. Qantas has 28 days to appeal the decision.
“Let this case stand as a warning, not just to Qantas but to all employers, not to discriminate against their health and safety reps,” Ms Cotsis said.
Ms Cotsis also acknowledged the TWU’s support for workplace health and safety and SafeWork NSW’s work to protect HSR rights. She said the NSW Government would take time to review the outcome because the case was the first of its kind.
Head of SafeWork NSW Trent Curtin said the ruling supported the HSR role as a serious and specialised position protected under NSW work health and safety laws. “Businesses have specific obligations in relation to Health and Safety Representatives and are required to give them access to information regarding hazards and risks affecting the work group and talking with them about health and safety issues.”
Mr Curtin identified effective consultation as a priority for SafeWork NSW and acknowledged the work of its inspectors, investigators and legal team in establishing a precedent for businesses that might take similar action.
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