A union has called for Qantas to face a maximum fine of $121 million for unlawfully outsourcing the roles of 1,800 ground workers, aiming to convey a clear message to all companies regarding employment practices. The Federal Court in Sydney is currently deliberating the penalty, following three days of hearings led by Justice Michael Lee.
Transport Workers Union (TWU) national secretary Michael Kaine noted that this hearing marks a pivotal moment in a lengthy and distressing legal battle that began in 2020, following the dismissal of these workers during the COVID-19 pandemic.
Qantas’ legal journey reached the High Court, which upheld the Federal Court’s decision that the airline contravened the Fair Work Act by outsourcing their workers, denying them rights to collective bargaining and protective industrial actions.
Kaine stressed the necessity of sending a strong warning to both Qantas and other Australian companies, emphasising that similar actions must never recur. During the proceedings, Qantas’ chief people officer, Catherine Walsh, expressed regret for the situation and assured the court that compensation arrangements would largely benefit the affected workforce.
Compensation payments, starting at $10,000 per worker, are expected to commence by the end of May. However, Kaine remarked that Qantas’ expression of remorse came too late in the process, implying that it was strategically presented to potentially influence the penalty outcome.
He argued that the penalty should adequately reflect the significant human suffering, financial strain, and emotional challenges faced by the workers as a result of Qantas’ actions. Former Qantas employee Tony Hayes described the situation as an ongoing saga, with many hoping for closure while still seeking accountability from the airline. Another former worker, Anne Guirguis, lamented the personal toll on her colleagues, highlighting severe impacts on their lives resulting from the company’s decisions.
As the court session progresses, Justice Lee is anticipated to hear final arguments from both Qantas and the TWU’s legal teams.