A $120 million fund will be established to compensate 1800 workers who were illegally outsourced in 2020 under an agreement with the Transport Workers’ Union, after a four-year court battle.
The funds will compensate workers for economic loss as well as hurt and suffering in accordance with the Federal Court’s ruling.
The TWU commenced a case in the Federal Court four years ago on behalf of the 1800 affected workers. The Court found the workers’ jobs were illegally outsourced, but that the magnitude of the sackings made it impracticable to order reinstatement.
The 2020 outsourcing decision made by the Joyce-led management team is the largest case of illegal sackings in Australian history.
Qantas appealed the case all the way to the High Court which unanimously upheld the Federal Court’s finding it had breached the Fair Work Act by outsourcing the workers, preventing them from accessing industrial rights to collectively bargain and take protected industrial action.
In subsequent Federal Court compensation proceedings, Qantas made further arguments that the affected workers should receive no compensation at all.
The Court rejected this and found that compensation should be paid for both economic and non-economic loss. Three test cases for non-economic hurt and suffering were determined to be $30,000, $40,000 and $100,000.
Applying the principles set out in the Federal Court’s ruling, Qantas has agreed to the TWU proposal for a $120 million pool of compensation to cover workers’ entitlements.
Quotes attributable to TWU ³Ô¹ÏÍøÕ¾ Secretary Michael Kaine:
“1800 former Qantas workers did nothing wrong but have been subject to four gruelling years of this court battle after being illegally outsourced. They’ve stood by each other during what for some has been the most difficult times of their lives, through family breakdowns, financial stress and mental hardship.
“Soon these brave men and women will receive long-awaited compensation in accordance with the principles set out in the Court’s decision.
“These workers helped build the Spirit of Australia. Many worked decades, proud to play their part in delivering the safety and service standards that made Qantas a national icon.
“Delivering justice to these workers is just the first step in turning Qantas around-but there’s still a long way to go to bring back the flying kangaroo Australians used to love.”
“Never again can we see Joyce-style tactics applied to wreck jobs and fight against workers receiving fair compensation. It is encouraging new CEO Vanessa Hudson has agreed to establish a pool to ensure these workers receive justice, but we need to see a Safe and Secure Skies Commission put in place to ensure it can never happen again.”
