Australian airline Qantas has been hit with a $90 million penalty over its controversial outsourcing decisions during the pandemic, bringing the airline’s total payout related to the scandal to a staggering $210 million. The Federal Court determined that Qantas’ actions—cutting over 1,800 jobs including baggage handlers, cleaners, and ground staff to replace them with contractors—were a deliberate attempt to undermine union power in wage negotiations.
High Court Ruling Clears Way for Penalty
The case escalated all the way to the High Court, which ultimately ruled against Qantas, enabling Monday’s multi-million dollar punishment. The Transport Workers Union (TWU) had advocated for the maximum penalty of $121 million, but Qantas pushed for leniency, suggesting a fine in the $40 to $80 million range. However, Justice Michael Lee ruled for a significant penalty, ordering $50 million to be paid directly to the union, with an additional $40 million penalty to be determined later.
Justice Lee emphasized that the scale of the violations warranted strong action to deter other companies. “The sheer scale of the contraventions, being the largest of their type, demonstrates the need for penalties that send a clear message to Qantas and other well-resourced employers,” he stated. The judge also highlighted that penalties would benefit trade unions in their role to enforce fair practices under the law.
Criticism of Qantas Leadership
Justice Lee did not hold back in criticizing Qantas’ leadership, including its new CEO Vanessa Hudson, for avoiding accountability. Despite being positioned as the face of cultural change after former CEO Alan Joyce’s departure, Hudson declined to take the witness stand.
“Whatever this new leadership represents, it did not extend to Ms. Hudson explaining on oath her involvement in key outsourcing decisions or providing insights on what she would have done differently,” Justice Lee said. He went on to call out Qantas’ Chief People Officer Catherine Walsh for offering insincere apologies while the company continued to resist compensating affected employees.
“To deprive someone of work illegally is to deprive someone of an aspect of their human dignity, and this is not assuaged simply by expressions of regret,” Justice Lee added.
Workers Finally Get Some Justice
The courtroom saw union members celebrating the ruling, with TWU national secretary Michael Kaine thanking the court for recognizing the airline’s “slippery and deceptive evidence.” Kaine added, “This outcome shows that under Alan Joyce, Qantas acted as a brutal corporate dictatorship. Today’s penalty stands as a warning to corporations attempting to exploit their workforce.”
Qantas has already paid $120 million in compensation to affected workers for their economic losses, pain, and suffering. However, Justice Lee noted doubts about whether any further compensation payments were guaranteed. Meanwhile, Qantas continues to face public backlash for its controversial practices, including selling tickets for canceled flights, which previously resulted in a $100 million fine from the Australian Competition and Consumer Commission.
Qantas’ Response: Resilience Amid Criticism
While the scandal unfolds, former CEO Alan Joyce defended Qantas’ actions during the pandemic, describing the company’s approach as “resilience.” Joyce said, “Resilience isn’t a reaction; it’s a decision made years in advance, often when it’s uncomfortable, even unpopular.” He highlighted that Qantas was the only major Australian airline to avoid bankruptcy during the pandemic, contrasting its survival with competitors like Virgin Australia and Rex, which faced administration.
In an era of heightened scrutiny, this ruling has further tarnished Qantas’ reputation, raising important questions about corporate accountability and ethical practices. With union representatives successfully holding the company accountable, the case sets a strong precedent for protecting workers’ rights amidst corporate maneuvering.
