The Federal Court did not accept Qantas or the unions interpretation of the JobKeeper scheme but rather adopted its own interpretation.
It is misleading of unions to suggest employees should expect a sudden windfall out of today’s judgement.
Qantas has based all of its decisions on JobKeeper on the legislation and guidance provided by the ATO and made sure all employees receive a “safety net” payment of $1500 per fortnight. That “safety net” assurance is a central part of the Government’s JobKeeper policy. Today’s judgement appears to cut across that principle.
We are carefully considering whether to appeal the judgment to the Full Federal Court.
The judgment will likely have adverse implications for all companies receiving JobKeeper, who are already reeling from the impacts of COVID.