In a recent application made to the Fair Work Commission, Deputy President Clancy made scathing remarks about a workplace culture which should serve as a stark reminder that old school workplace culture is no longer acceptable. Recently, the Fair Work Commission (FWC) decision has upheld the dismissal of a long-serving Jetstar aircraft maintenance engineer after what he framed as harmless “…horseplay” that left two apprentices stranded six metres in the air on an elevated work platform (EWP).
The incident at the centre of the case sounds almost surreal. While working beneath a Boeing 787 wing, the engineer, boasting 23 years of experience, pressed the emergency stop on an EWP he was sharing with two apprentices. Then, without lowering them, he casually announced he was heading to lunch. The apprentices were left suspended for around 10 minutes, unable to bring the platform down themselves, until someone else entered the hangar and assisted them.
Jetstar viewed the act as a serious breach of its “Cardinal Rules” (the Jetstar Code of Conduct), particularly those prohibiting reckless behaviour and workplace “horseplay.” The engineer was dismissed.
In challenging his termination, the engineer argued the apprentices were never in danger as experienced workers routinely spend extended periods at height.
Unsurprisingly, Deputy President Richard Clancy was unmoved by the arguments made by the engineer. “It is not to the point,” he said, emphasising that the apprentices lacked the same experience and could not be assumed to feel safe or in control. By leaving them stranded, the engineer placed them in what the Commission described as an “invidious position” one that highlighted not just physical risk, but a failure to consider the psychological impact on junior staff.
The EWP incident wasn’t the only issue. The case also examined a pattern of behaviour toward one apprentice, including a remark that “…you are all pussies now”, paired with stories about harsher treatment endured in his own apprenticeship days. The engineer framed this as nostalgic storytelling; an attempt to contrast “tougher” times with modern sensitivities. But the Commission saw something else. Deputy President Clancy found that, regardless of intent, the engineer had failed to “read the room”. His comments were unwelcome, and his repeated interactions came across as “overbearing and antagonistic”.
At the heart of the ruling was a broader cultural shift. The Commission made it clear that behaviours once excused as initiation rites or workplace humour, particularly hazing, are no longer tolerated. The engineer, it found, belonged to an “ever-decreasing minority” who still see such conduct as acceptable. Critically, the decision highlighted his lack of insight. Rather than recognising the impact of his actions, he appeared to believe it was his prerogative as a senior employee to “ride [the apprentice] hard.” To that end, this mindset proved to be costly.
In weighing the evidence, the Commission ultimately preferred the apprentice’s account, that the engineer’s behaviour left him feeling belittled and unsafe. In safety-critical industries like aviation maintenance, that perception carries serious weight.
In moving forward, this decision sends a strong signal across industries: what once passed as banter or a rite of passage can now be grounds for dismissal. For employers, it highlights the importance of enforcing safety and behavioural standards consistently, regardless of tenure or seniority. For employees, particularly those in leadership or mentoring roles, it’s a warning that experience does not excuse poor judgment.
The bottom line is that this wasn’t just a case about a lunch break gone wrong. It was about a workplace culture clash between outdated notions of toughness and modern expectations of safety, respect, and accountability. And as the FWC made clear, there’s little room left in today’s workplaces for those who can’t tell the difference.
Jarrod Mcrae v Jetstar Airways Pty Limited [2026] FWC 1122 (1 April 2026)
What does this mean for business?
Employers have an obligation to take reasonable steps to ensure its employees’ safety. Employers can meet those obligations by having the right policies and procedures in place such as:
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Workplace Bullying/Harassment Prevention Policies
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Grievance/Complaint Handling Policies and procedures
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Clear processes and people trained in how to handle complaints and inappropriate behaviours when they occur
If you need assistance with these or other workplace practices, please reach out to us at service@focushr.com.au or call (07) 4765 3456.
And, if you want to hear about more interesting case law from 2026 and understand how to meet your compliance obligations as an employer, register for the upcoming 1 July IR Update webinar.