Latest news with #JusticeLee
The Advertiser
21-05-2025
- Business
- The Advertiser
Qantas makes mercy plea for illegal sackings 'mistake'
Qantas did not deliberately break the law when it illegally sacked 1820 workers and its "mistake" warrants a "mid-range" penalty, a court has been told. Federal Court Justice Michael Lee has heard final submissions on the penalty to be imposed on Qantas for the biggest case of illegal sackings in Australian history. Last year, Qantas agreed to pay $120 million to the ground staff as compensation for their economic loss, pain and suffering since their jobs were outsourced during the COVID-19 pandemic. The Transport Workers Union is seeking the maximum penalty of $121 million and an order that the money be paid to the union, while Qantas has urged Justice Lee to impose a "mid-range" penalty between $40 million and $80 million. The airline's "failure was in the territory of mistake, rather than deliberate breach of the law," Qantas counsel Justin Gleeson SC told the court. "The failure has now been exposed and recognised by the contravener, and the contravener has put in place appropriate steps to minimise the risk of the failure occurring again," he said on Wednesday. Qantas argued that its actions were driven by "business calamities" caused by the pandemic, not exploitation, and the illegal sackings were the result of a single decision and therefore only one breach of the law. It also pointed to the $120 million compensation deal and and its expression of contrition for its actions. On Monday, Qantas chief people officer Catherine Walsh told the court the airline was "deeply sorry" for the impact on the workers, their family and friends and the union. Mr Gleeson argued the court should not infer negatively from the failure to call Qantas chief executive Vanessa Hudson as a witness, and emphasised concrete steps she had taken, including rebuilding relationships, creating an inclusive culture and public apologies. "There's a recognition that a change needed to be made ... there was a top down culture which impacted empowerment and a willingness to challenge or speak up on issues or decisions of concern," he said. "There's been a significant refresh of the group leadership team. Seventy per cent are either new to Qantas or to their role or to the (team)" Most of the submissions at Wednesday's hearing focused on meetings between senior managers at Qantas, a group management committee meeting and a board meeting. After initially saying he would aim to deliver a judgment on Friday, Justice Lee reserved his decision. At a protest at Brisbane Airport on Wednesday, the TWU called on airlines, airports, governments and regulators to ensure fair standards at companies like Swissport, which took over much of the work done by the sacked Qantas workers. "That work has been shoved off to operators like Swissport, who have a horrific international reputation for maiming workers, for underpaying workers, for wage theft," TWU national secretary Michael Kaine said. Recent safety visits revealed that in Brisbane, Swissport has more than 400 safety reports a month, he said. "The Albanese government must put in place a Safe and Secure Skies Commission to stop the spiral of dangerously low standards and ensure there's oversight in such a vital industry to our island nation." Qantas did not deliberately break the law when it illegally sacked 1820 workers and its "mistake" warrants a "mid-range" penalty, a court has been told. Federal Court Justice Michael Lee has heard final submissions on the penalty to be imposed on Qantas for the biggest case of illegal sackings in Australian history. Last year, Qantas agreed to pay $120 million to the ground staff as compensation for their economic loss, pain and suffering since their jobs were outsourced during the COVID-19 pandemic. The Transport Workers Union is seeking the maximum penalty of $121 million and an order that the money be paid to the union, while Qantas has urged Justice Lee to impose a "mid-range" penalty between $40 million and $80 million. The airline's "failure was in the territory of mistake, rather than deliberate breach of the law," Qantas counsel Justin Gleeson SC told the court. "The failure has now been exposed and recognised by the contravener, and the contravener has put in place appropriate steps to minimise the risk of the failure occurring again," he said on Wednesday. Qantas argued that its actions were driven by "business calamities" caused by the pandemic, not exploitation, and the illegal sackings were the result of a single decision and therefore only one breach of the law. It also pointed to the $120 million compensation deal and and its expression of contrition for its actions. On Monday, Qantas chief people officer Catherine Walsh told the court the airline was "deeply sorry" for the impact on the workers, their family and friends and the union. Mr Gleeson argued the court should not infer negatively from the failure to call Qantas chief executive Vanessa Hudson as a witness, and emphasised concrete steps she had taken, including rebuilding relationships, creating an inclusive culture and public apologies. "There's a recognition that a change needed to be made ... there was a top down culture which impacted empowerment and a willingness to challenge or speak up on issues or decisions of concern," he said. "There's been a significant refresh of the group leadership team. Seventy per cent are either new to Qantas or to their role or to the (team)" Most of the submissions at Wednesday's hearing focused on meetings between senior managers at Qantas, a group management committee meeting and a board meeting. After initially saying he would aim to deliver a judgment on Friday, Justice Lee reserved his decision. At a protest at Brisbane Airport on Wednesday, the TWU called on airlines, airports, governments and regulators to ensure fair standards at companies like Swissport, which took over much of the work done by the sacked Qantas workers. "That work has been shoved off to operators like Swissport, who have a horrific international reputation for maiming workers, for underpaying workers, for wage theft," TWU national secretary Michael Kaine said. Recent safety visits revealed that in Brisbane, Swissport has more than 400 safety reports a month, he said. "The Albanese government must put in place a Safe and Secure Skies Commission to stop the spiral of dangerously low standards and ensure there's oversight in such a vital industry to our island nation." Qantas did not deliberately break the law when it illegally sacked 1820 workers and its "mistake" warrants a "mid-range" penalty, a court has been told. Federal Court Justice Michael Lee has heard final submissions on the penalty to be imposed on Qantas for the biggest case of illegal sackings in Australian history. Last year, Qantas agreed to pay $120 million to the ground staff as compensation for their economic loss, pain and suffering since their jobs were outsourced during the COVID-19 pandemic. The Transport Workers Union is seeking the maximum penalty of $121 million and an order that the money be paid to the union, while Qantas has urged Justice Lee to impose a "mid-range" penalty between $40 million and $80 million. The airline's "failure was in the territory of mistake, rather than deliberate breach of the law," Qantas counsel Justin Gleeson SC told the court. "The failure has now been exposed and recognised by the contravener, and the contravener has put in place appropriate steps to minimise the risk of the failure occurring again," he said on Wednesday. Qantas argued that its actions were driven by "business calamities" caused by the pandemic, not exploitation, and the illegal sackings were the result of a single decision and therefore only one breach of the law. It also pointed to the $120 million compensation deal and and its expression of contrition for its actions. On Monday, Qantas chief people officer Catherine Walsh told the court the airline was "deeply sorry" for the impact on the workers, their family and friends and the union. Mr Gleeson argued the court should not infer negatively from the failure to call Qantas chief executive Vanessa Hudson as a witness, and emphasised concrete steps she had taken, including rebuilding relationships, creating an inclusive culture and public apologies. "There's a recognition that a change needed to be made ... there was a top down culture which impacted empowerment and a willingness to challenge or speak up on issues or decisions of concern," he said. "There's been a significant refresh of the group leadership team. Seventy per cent are either new to Qantas or to their role or to the (team)" Most of the submissions at Wednesday's hearing focused on meetings between senior managers at Qantas, a group management committee meeting and a board meeting. After initially saying he would aim to deliver a judgment on Friday, Justice Lee reserved his decision. At a protest at Brisbane Airport on Wednesday, the TWU called on airlines, airports, governments and regulators to ensure fair standards at companies like Swissport, which took over much of the work done by the sacked Qantas workers. "That work has been shoved off to operators like Swissport, who have a horrific international reputation for maiming workers, for underpaying workers, for wage theft," TWU national secretary Michael Kaine said. Recent safety visits revealed that in Brisbane, Swissport has more than 400 safety reports a month, he said. "The Albanese government must put in place a Safe and Secure Skies Commission to stop the spiral of dangerously low standards and ensure there's oversight in such a vital industry to our island nation." Qantas did not deliberately break the law when it illegally sacked 1820 workers and its "mistake" warrants a "mid-range" penalty, a court has been told. Federal Court Justice Michael Lee has heard final submissions on the penalty to be imposed on Qantas for the biggest case of illegal sackings in Australian history. Last year, Qantas agreed to pay $120 million to the ground staff as compensation for their economic loss, pain and suffering since their jobs were outsourced during the COVID-19 pandemic. The Transport Workers Union is seeking the maximum penalty of $121 million and an order that the money be paid to the union, while Qantas has urged Justice Lee to impose a "mid-range" penalty between $40 million and $80 million. The airline's "failure was in the territory of mistake, rather than deliberate breach of the law," Qantas counsel Justin Gleeson SC told the court. "The failure has now been exposed and recognised by the contravener, and the contravener has put in place appropriate steps to minimise the risk of the failure occurring again," he said on Wednesday. Qantas argued that its actions were driven by "business calamities" caused by the pandemic, not exploitation, and the illegal sackings were the result of a single decision and therefore only one breach of the law. It also pointed to the $120 million compensation deal and and its expression of contrition for its actions. On Monday, Qantas chief people officer Catherine Walsh told the court the airline was "deeply sorry" for the impact on the workers, their family and friends and the union. Mr Gleeson argued the court should not infer negatively from the failure to call Qantas chief executive Vanessa Hudson as a witness, and emphasised concrete steps she had taken, including rebuilding relationships, creating an inclusive culture and public apologies. "There's a recognition that a change needed to be made ... there was a top down culture which impacted empowerment and a willingness to challenge or speak up on issues or decisions of concern," he said. "There's been a significant refresh of the group leadership team. Seventy per cent are either new to Qantas or to their role or to the (team)" Most of the submissions at Wednesday's hearing focused on meetings between senior managers at Qantas, a group management committee meeting and a board meeting. After initially saying he would aim to deliver a judgment on Friday, Justice Lee reserved his decision. At a protest at Brisbane Airport on Wednesday, the TWU called on airlines, airports, governments and regulators to ensure fair standards at companies like Swissport, which took over much of the work done by the sacked Qantas workers. "That work has been shoved off to operators like Swissport, who have a horrific international reputation for maiming workers, for underpaying workers, for wage theft," TWU national secretary Michael Kaine said. Recent safety visits revealed that in Brisbane, Swissport has more than 400 safety reports a month, he said. "The Albanese government must put in place a Safe and Secure Skies Commission to stop the spiral of dangerously low standards and ensure there's oversight in such a vital industry to our island nation."
West Australian
21-05-2025
- Business
- West Australian
Qantas makes mercy plea for illegal sackings 'mistake'
Qantas did not deliberately break the law when it illegally sacked 1820 workers and its "mistake" warrants a "mid-range" penalty, a court has been told. Federal Court Justice Michael Lee has heard final submissions on the penalty to be imposed on Qantas for the biggest case of illegal sackings in Australian history. Last year, Qantas agreed to pay $120 million to the ground staff as compensation for their economic loss, pain and suffering since their jobs were outsourced during the COVID-19 pandemic. The Transport Workers Union is seeking the maximum penalty of $121 million and an order that the money be paid to the union, while Qantas has urged Justice Lee to impose a "mid-range" penalty between $40 million and $80 million. The airline's "failure was in the territory of mistake, rather than deliberate breach of the law," Qantas counsel Justin Gleeson SC told the court. "The failure has now been exposed and recognised by the contravener, and the contravener has put in place appropriate steps to minimise the risk of the failure occurring again," he said on Wednesday. Qantas argued that its actions were driven by "business calamities" caused by the pandemic, not exploitation, and the illegal sackings were the result of a single decision and therefore only one breach of the law. It also pointed to the $120 million compensation deal and and its expression of contrition for its actions. On Monday, Qantas chief people officer Catherine Walsh told the court the airline was "deeply sorry" for the impact on the workers, their family and friends and the union. Mr Gleeson argued the court should not infer negatively from the failure to call Qantas chief executive Vanessa Hudson as a witness, and emphasised concrete steps she had taken, including rebuilding relationships, creating an inclusive culture and public apologies. "There's a recognition that a change needed to be made ... there was a top down culture which impacted empowerment and a willingness to challenge or speak up on issues or decisions of concern," he said. "There's been a significant refresh of the group leadership team. Seventy per cent are either new to Qantas or to their role or to the (team)" Most of the submissions at Wednesday's hearing focused on meetings between senior managers at Qantas, a group management committee meeting and a board meeting. After initially saying he would aim to deliver a judgment on Friday, Justice Lee reserved his decision. At a protest at Brisbane Airport on Wednesday, the TWU called on airlines, airports, governments and regulators to ensure fair standards at companies like Swissport, which took over much of the work done by the sacked Qantas workers. "That work has been shoved off to operators like Swissport, who have a horrific international reputation for maiming workers, for underpaying workers, for wage theft," TWU national secretary Michael Kaine said. Recent safety visits revealed that in Brisbane, Swissport has more than 400 safety reports a month, he said. "The Albanese government must put in place a Safe and Secure Skies Commission to stop the spiral of dangerously low standards and ensure there's oversight in such a vital industry to our island nation."
Perth Now
21-05-2025
- Business
- Perth Now
Qantas makes mercy plea for illegal sackings 'mistake'
Qantas did not deliberately break the law when it illegally sacked 1820 workers and its "mistake" warrants a "mid-range" penalty, a court has been told. Federal Court Justice Michael Lee has heard final submissions on the penalty to be imposed on Qantas for the biggest case of illegal sackings in Australian history. Last year, Qantas agreed to pay $120 million to the ground staff as compensation for their economic loss, pain and suffering since their jobs were outsourced during the COVID-19 pandemic. The Transport Workers Union is seeking the maximum penalty of $121 million and an order that the money be paid to the union, while Qantas has urged Justice Lee to impose a "mid-range" penalty between $40 million and $80 million. The airline's "failure was in the territory of mistake, rather than deliberate breach of the law," Qantas counsel Justin Gleeson SC told the court. "The failure has now been exposed and recognised by the contravener, and the contravener has put in place appropriate steps to minimise the risk of the failure occurring again," he said on Wednesday. Qantas argued that its actions were driven by "business calamities" caused by the pandemic, not exploitation, and the illegal sackings were the result of a single decision and therefore only one breach of the law. It also pointed to the $120 million compensation deal and and its expression of contrition for its actions. On Monday, Qantas chief people officer Catherine Walsh told the court the airline was "deeply sorry" for the impact on the workers, their family and friends and the union. Mr Gleeson argued the court should not infer negatively from the failure to call Qantas chief executive Vanessa Hudson as a witness, and emphasised concrete steps she had taken, including rebuilding relationships, creating an inclusive culture and public apologies. "There's a recognition that a change needed to be made ... there was a top down culture which impacted empowerment and a willingness to challenge or speak up on issues or decisions of concern," he said. "There's been a significant refresh of the group leadership team. Seventy per cent are either new to Qantas or to their role or to the (team)" Most of the submissions at Wednesday's hearing focused on meetings between senior managers at Qantas, a group management committee meeting and a board meeting. After initially saying he would aim to deliver a judgment on Friday, Justice Lee reserved his decision. At a protest at Brisbane Airport on Wednesday, the TWU called on airlines, airports, governments and regulators to ensure fair standards at companies like Swissport, which took over much of the work done by the sacked Qantas workers. "That work has been shoved off to operators like Swissport, who have a horrific international reputation for maiming workers, for underpaying workers, for wage theft," TWU national secretary Michael Kaine said. Recent safety visits revealed that in Brisbane, Swissport has more than 400 safety reports a month, he said. "The Albanese government must put in place a Safe and Secure Skies Commission to stop the spiral of dangerously low standards and ensure there's oversight in such a vital industry to our island nation."
Otago Daily Times
19-05-2025
- Business
- Otago Daily Times
Qantas could face $121m fine for illegal sackings
Qantas should be forced to pay the maximum penalty of $A121 million ($NZ131m) for illegally outsourcing the roles of 1800 ground workers, to send a strong message to all companies, a union says. Justice Michael Lee is set to decide the penalty Qantas must pay after three days of hearings that began on Monday in the Federal Court in Sydney. Outside court, Transport Workers Union national secretary Michael Kaine said the hearing was the beginning of the end of "a protracted, brutal, distressing set of litigation" that started in 2020 after Qantas sacked the workers during the Covid-19 pandemic. 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. Last October, Justice Lee ordered Qantas to pay $A120 million to the workers as compensation for their economic loss, pain and suffering, and the TWU is seeking that he impose the maximum penalty of $A121 million. "We have to send a very strong, clear signal to Qantas and every other company in Australia that this can never, ever happen again to any Australian worker," Mr Kaine said. In court, Qantas chief people officer Catherine Walsh told Justice Lee that "hopefully you'll see from the size of the compensation payment that, in fact, we are very sorry". "We do wish for the workforce that was impacted to be properly remediated and the compensation that has been agreed could go some way to deal with that," she said. The compensation payments will start flowing to workers by the end of May, with a base payment of $10,000 for all workers. Outside court, Mr Kaine said Qantas had "said sorry at two minutes to midnight". "They put it in an affidavit in these proceedings, because if you show contrition in penalty proceedings, the judge is bound to consider whether that should provide you with a discount on your penalty," he said. But he said the penalty should reflect the "human suffering, the family dislocation, the financial stress, the mental anguish, the family breakdowns" directly resulting from Qantas' illegal conduct. Also outside court, former Qantas worker Tony Hayes said the saga was "never ending". "It's been the same conversation for five years and we just want it to go away, but we want them to pay," he said. Another former worker Anne Guirguis said she was with the company for 28 years and thought she would retire there. "I've got colleagues that have lost houses and have been divorced, it's changed their world," she said. On Monday afternoon, Justice Lee is expected to start hearing closing submissions from lawyers for Qantas and the TWU.
1News
08-05-2025
- Business
- 1News
Lord of the Rings says Australian burger chain name shall not pass
In a battle between a fantasy book franchise and an Australian vegan fast-food chain, who will be named "Lord of the" courtroom? The rights holder of the Lord of the Rings novels and films, Middle-earth Enterprises, has launched another attack to take its precious title. It follows an unsuccessful bid in March, where the franchise attempted to block an Australian vegan hamburger chain from trademarking the words "Lord of the" in its name. Lord of the Fries has been selling items under its name since 2004 and sought to offer plant-based macaroni and cheese under the trademark in 2022. The franchise was in New Zealand from 2016 until last June when its franchisor, Chip Lord NZ, went into liquidation. The case came before a registrar of trademarks in the federal government agency, IP Australia. Middle-earth argued it had been successful in other similar trademark applications made globally, and used the mark to sell various items including boardgames, clothing and toys. But Lord of the Fries said there were many examples of similar marks including Lord of the Pies and the business operated as a niche in an entirely different reputation to the Middle-earth franchise. The registrar delegate, Nicholas Smith, found the names were not deceptively similar and that Middle-earth had cherry-picked evidence in suggesting the connection. The matter has since been escalated to Sydney's Federal Court, after Middle-earth's lawyers filed an appeal against the IP Australia decision on March 25. The grounds for appeal were many and varied, the franchise's lawyer Shauna Ross told Justice Michael Lee. "My client's case is that Your Honour find the mark should be refused," she said today. The grounds for appeal included that Lord of the Fries does not own the trademark and that the IP Australia decision was adverse to Middle-earth, who is the true owner of the mark, Ross said. Justice Lee ordered both parties attend a mediation before June 20. If the case is not resolved through mediation, Justice Lee said he would assign the matter to a referee, who would then prepare a report for the decision. "The reality is, I don't have time to look at this matter this year," he said. Lord of the Fries and Middle-earth Enterprises have been contacted for comment.
