That was how the Transport Workers Union (TWU) responded when Qantas was fined $90m for illegally sacking and outsourcing more than 1800 workers in a landmark Federal Court ruling yesterday.
Labelling it as a “David and Goliath five-year battle”, the union described the ruling by Judge Michael Lee as a final vindication for workers whose decision to fight the case was “derided and mocked by Qantas management from day one”.
The amount is the largest employer penalty in Australian corporate history, with Qantas ordered to pay the TWU $50m of the fine. The maximum penalty the airline faced was $121 million.
Justice Lee said the airline had shown the “wrong kind of sorry”, worrying more about the impact on the company rather than the impact the case had on the illegally sacked workers.
Yesterday’s ruling follows an earlier Federal Court decision on compensation to affected workers, which led to the establishment of a $120 million fund to compensate them for economic loss and hurt and suffering.
“In 2020, over 1800 Qantas workers took on a huge and audacious battle against this airline and today’s decision is a final win for both those workers and the tens of thousands of other TWU members who backed them every step of the way,” said Michael Kaine, TWU National Secretary.
“These were committed Qantas workers who had done nothing wrong and had loyally served this company, in many cases for decades.
“They weren’t just sacked, they were told by Qantas that they were delusional for questioning it. This ruthless, self-interested and illegal calculation to kick them to the curb has rightfully merited the largest ever penalty of its kind.”
After the judgment was handed down, Qantas CEO Vanessa Hudson released a statement apologising to each of the 1,820 ground handling employees and their families.
“The decision to outsource five years ago, particularly during such an uncertain time, caused genuine hardship for many of our former team and their families,” Ms Hudson said.
“The impact was felt not only by those who lost their jobs, but by our entire workforce.”
She said over the past 18 months the airline has “worked hard to change the way we operate as part of our efforts to rebuild trust with our people and our customers”.
Josh Bornstein, Maurice Blackburn Lawyers Principal, said the record penalty meant corporate Australia was on notice that courts would not tolerate blatant attacks on workers’ rights.
“This record-breaking penalty reflects the monumental scale of Qantas’ wrongdoing and the court’s concern that Qantas and the business community need to understand that calculated, mass violations of workplace laws may result in severe financial punishment,” Mr Bornstein said.
“Qantas, under then Alan Joyce’s leadership, seized the opportunity presented by the Covid pandemic to realise its long-held aim; to rid its operations of the TWU and its members working as baggage handlers and ground staff.”
“This was a carefully planned and executed union-busting operation.”
