Picture source: Qantas
Almost 1,700 baggage handlers were illegally sacked in 2020, which the Federal Court previously ruled was illegal as it acted against the protections in the Fair Work Act and was driven in part by a desire to avoid industrial action.
The court found that while there were valid and lawful commercial reasons for outsourcing, it could not rule out the unlawful reason of preventing employees from participating in protected industrial action and participating in bargaining for an enterprising agreement.
The Transport Workers’ Union of Australia (TWU) says rulings from the Federal Court and High Court found outsourcing the workers prevented them accessing industrial rights to collectively bargain and take protected industrial action.
Three test cases found the economic compensation should be limited to 12 months following the outsourcing decision and non-economic compensation would be within a range based on the test cases of A$30,000, A$40,000 and A$100,000.
The judge ruled that all three were entitled to compensation for economic loss and for hurt and suffering.
Qantas says it is seeking assistance from TWU to speed up compensation and a mediation process will commence.
Apologising for the airline’s actions, Victoria Hudson, CEO of Qantas Group, said: “We recognise the emotional and financial impact this has had on these people and their families. We hope that this provides closure to those who have been affected.”
Michael Kaine, National Secretary of TWU congratulated worked for their victory after a long process.
He says Qantas put workers through four years of hell and now needs to prove it has turned over a new leaf by providing appropriate compensation.
Kaine said: “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.”
The sackings were “the swansong of Alan Joyce’s 15 year plan to systematically destroy good, secure aviation jobs” said Kaine.
He said: “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.”
