Four years on from being outsourced, and a year after the High Court unanimously agreed the outsourcing was illegal, 1700 former Qantas workers have had yet another win in the Federal Court with Qantas ordered to pay compensation for economic and non-economic losses, in the largest case of illegal sackings in Australian history.
In 2020 the TWU used its powers under the Fair Work Act to successfully challenge the illegal sackings, despite Qantas fighting its own workers all the way to the High Court. Illegally sacked workers were hit hard by the outsourcing, many suffering from mental illness, experiencing family breakdowns and having difficulty finding new work.
Justice Lee rejected Qantas' bizarre legal argument that he should 'surgically remove' the illegal conduct and not award any compensation for economic loss at all. This type of legal delaying tactic has seen Qantas drag its own workforce through the courts for nearly 4 years to try and deny them justice.
Three unanimous rulings from the Federal Court and High Court found Qantas breached the Fair Work Act by outsourcing the workers to prevent them accessing industrial rights to collectively bargain and take protected industrial action.
Three test cases were brought to compensation hearings. Justice Lee has determined that all three are entitled to compensation for economic loss as well as compensation for hurt and suffering.
The Court found that economic compensation should be limited to twelve months following the outsourcing decision, and that non-economic compensation amounts would be paid within a range based on each of the test cases of $30,000, $40,000 and $100,000.
The parties will now be ordered to come to an agreement on monetary compensation amounts for individuals, within the parameters set out by the Federal Court decision.
TWU National Secretary Michael Kaine congratulated workers on another victory after a long process.
"These workers have stood by each other for four years as Qantas dragged them through the courts, and now they've been vindicated once again: they deserve to be compensated for the hell Qantas put them through.
"Qantas says it's turned over a new leaf. Well, it's time to prove it. After relentlessly prolonging this case and denying workers justice, Qantas must do everything in its power to ensure appropriate compensation to workers. They should not have to suffer a day longer after the last four years of anguish.
"The TWU took on Australia's biggest corporate bully at a time workers were told they were just a casualty of the pandemic. In reality they were victims of a systematic attempt by Qantas to decimate the pay and conditions of its workforce.
"It's astounding that Qantas attempted to argue it should not pay a dollar of compensation to workers it illegally sacked to prevent them accessing workplace rights. It was an added kick in the guts after the pain and suffering the airline has caused to these workers and their families. The Federal Court has rejected this argument, and delivered justice to the workers by ordering Qantas compensate them.
"This unprecedented mass illegal sacking event was the swansong of Alan Joyce's 15 year plan to systematically destroy good, secure aviation jobs. It brought the industry to rock bottom. To rebuild our essential aviation industry, workers, passengers and the community need a voice through an independent regulator. The TWU is using new laws passed by the Albanese government to start the process of rebuilding decent, secure aviation jobs and will continue to campaign for a Safe and Secure Skies Commission to rebalance aviation and ensure it meets the needs of the nation."
