Tomorrow, the final Federal Court hearing will take place to determine compensation for illegally outsourced workers, as Qantas attempts to argue the compensation amount should be zero, saying it would have sacked them later anyway.
A compensation matter of this scale is unprecedented and complex, after the Federal Court found Qantas’ sacking of approximately 1700 workers was unlawfully motivated to prevent them exercising their rights under the Fair Work Act.
Qantas appealed the verdict, unsuccessfully, to the Full Court of Appeal and the High Court with 11 judges in unanimous agreement that Qantas broke the law.
A week-long compensation hearing was held in March, after Qantas walked away from reaching a mediated settlement with workers over Christmas.
TWU National Secretary Michael Kaine said:
“Three unanimous rulings from 11 of Australia’s most esteemed legal minds has still not prevented Qantas from treating illegally sacked workers as cost items to be disposed of.
“In the same month as Qantas reached a $120 million settlement over ghost flight sales to customers, the airline is trying with all its might to deny a dollar of compensation to workers it illegally sacked and dragged through appeal after appeal.
“At Christmastime, Qantas walked away from a mediated settlement with workers, landing everyone back in the Federal Court for yet more distressing hearings. Workers have been forced to hear arguments from the employer to which they were loyal for decades, that it would have found a lawful way to sack them had it not done so illegally.
“This unprecedented, complex compensation decision now rests in the hands of the Federal Court.
“Qantas’ conduct has decimated aviation jobs and service standards. We need to rebalance the industry through a Safe and Secure Skies Commission to provide independent oversight and set enforceable standards across our airports.”
MEDIA CONTACT: Pippa Hatton 0418 982 257