Too Old to Fly? Why Two Qantas Pilots Lost Their Unfair Dismissal Case
Two Qantas pilots took their employer to the Fair Work Commission after being sacked at age 65. They had spotless records. No performance issues. Just one problem: they were no longer legally allowed to fly certain international routes because of foreign laws banning pilots aged 65 and over.
The pilots argued age discrimination. Qantas argued they could no longer perform the inherent requirements of their roles. The Commission agreed with Qantas finding that the pilots weren’t employed in generic flying roles. Their contracts and enterprise agreement required them to fly anywhere Qantas operated. But because many countries still enforce a “Rule of 65,” Qantas couldn’t legally roster them on key routes. This meant the pilots couldn’t do the full scope of their role.
Under the Age Discrimination Act 2004, it’s unlawful to sack someone for their age unless they can no longer perform the inherent requirements of the job. In this case, the Commission accepted that being under 65 was effectively a requirement—because being over that age made the pilots ineligible to fly to much of Qantas’ network. Even though some countries allowed older pilots, the Commission ruled that Qantas didn’t have to restructure its entire rostering system to accommodate that.
The Takeaway
You can’t be fired just because of your age. But if your age creates a legal or operational barrier that makes you unable to perform your specific job, the dismissal may not be unlawful or unfair.
