The TWU has welcomed today's Federal Court ruling that Qantas will be penalised $90 million - the largest employer penalty in Australian corporate history – for illegally sacking and outsourcing over 1800 workers, signalling the decision as a moment of justice for loyal workers who'd loved their jobs at the airline.
The judgment, marking the end of a David and Goliath five-year battle is, according to the TWU, the final vindication for workers whose decision to fight the case was derided and mocked by Qantas management from day one.
The penalty on Qantas follows an earlier Federal Court decision on compensation to affected workers, which led to the establishment of a $120 million fund to compensate them for economic loss and hurt and suffering. Many suffered financial stress, family breakdowns and mental illness as a result of the outsourcing, and have endured a further 5 years of distress at being discredited by Qantas which argued throughout that they were wrong to challenge it.
Timeline
- Qantas appealed the case all the way to the High Court which unanimously confirmed Qantas had acted illegally by outsourcing the workers, preventing them from accessing industrial rights to collectively bargain and take protected industrial action.
- After the High Court ruling Qantas returned to the Federal Court and submitted that the workers should receive no compensation at all and then argued that the largest ever case of illegal sackings only deserved a "moderate" penalty.
- Qantas failed in its bid for zero compensation and workers have now begun receiving payments from a $120 million pool for economic loss, and hurt and suffering.
- Federal Court Judge Michael Lee was scathing of Qantas' call for a moderate penalty, saying "You can't come along and run false cases in court" with evidence fashioned "in a careful way in order to try to dissemble what went on," and that the decision not to bring a witness who'd been present for the decision "has the look of choosing a person who couldn't be the subject of true investigation."
- In a separate case, Qantas was also criminally convicted and fined $250,000 for the targeting and standing down of a health and safety rep who raised concerns during the pandemic
In light of the ruling, the TWU is calling on Qantas to take concrete remediation steps by properly funding decent jobs for workers in its supply chain-such as at Swissport-who are suffering up to 400 safety reports a month in some ports.
TWU National Secretary Michael Kaine said:
"In 2020 over 1800 Qantas workers took on a huge and audacious battle against this airline, and today's decision is a final win for both those workers and the tens of thousands of other TWU members who backed them every step of the way.
"These were committed Qantas workers who had done nothing wrong and had loyally served this company, in many cases for decades. They weren't just sacked, they were told by Qantas that they were delusional for questioning it. This ruthless, self-interested and illegal calculation to kick them to the curb has rightfully merited the largest ever penalty of its kind.
"These workers took on a fight against a company with almost limitless resources, knowing it was a long shot, and today's decision is a $90 million message to corporate Australia that workers will stand up for what's right.
"Qantas was not sorry to workers when it illegally outsourced these workers, many finding out they'd lost their jobs over a loudspeaker in the lunch room. It was not sorry when it dragged them all the way to the High Court, or when it argued it should have to pay them no compensation at all. Qantas is only sorry now that it has to pay the largest penalty fine of any employer in Australian corporate history.
"If Qantas is serious about changing its behaviour it will now move to improve standards for workers in its supply chain at companies like Swissport still suffering appalling safety incidents, under-staffing and low pay.
"We need to return to an industry where workers are an investment and not a cost to be viciously driven down. We need a Safe and Secure Skies Commission so aviation works for our communities and not profit-obsessed executives."
