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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."
Yahoo
21-05-2025
- Business
- Yahoo
‘A mistake': Qantas claim after sackings
Qantas says it has 'learnt its lesson' after unlawfully sacking more than 1800 ground workers, claiming the decision was a 'mistake' rather than deliberate. The airline was thrice found to have acted unlawfully when it fired 1820 staff in favour of outsourced contractors during the height of the Covid-19 pandemic. While an earlier compensation hearing before Justice Michael Lee found Qantas should pay $120 million to impacted workers, now a hearing will decide the added penalty Qantas must pay for the 2020 decision. The hearing in the Federal Court in Sydney continued on Wednesday for its third day before Justice Lee, where Barrister for Qantas Justin Gleeson SC continued his submissions. Mr Gleeson told the court Qantas's decision was 'a mistake' and not 'intentional'. 'Going forward your honour can be comfortably satisfied Qantas has learnt its lesson,' he said. 'Through Ms Walsh's division and the board … the risk of making this error again is low. 'Qantas is coming to your honour as a first offender … and it would be oppressive to say you should pay close to the maximum penalty.' Various meetings between senior managers at Qantas, a GMC meeting and a board meeting came under the microscope in court on Wednesday. Mr Gleeson contended the problem with the outsourcing decision was not exposed to the GMC or board members during the meetings. 'Effectively the green light was given (to the board) … the problem was there but it was not exposed to the GMC or to the board and that's to be taken into account when assessing the liability,' he said. Mr Gleeson said the process 'fell down' when it had not come to the attention of anyone at the GMC level that a red flag needed to be put up when making the decision. Earlier in the hearing, Mr Gleeson said the airline is seeking a penalty between $40-$80m. 'We submit the penalty should be in the mid-range,' he said. Mr Gleeson said any penalty close to the maximum would be 'manifestly unfair'. 'Qantas has accepted the seriousness of its conduct,' he said. 'The court can and should impose a significant deterrent penalty. However, it is in effect a first contravention (of the fair work act).' The maximum penalty Qantas can be ordered to pay is $121m, on top of the $120m compensation fund that is now in the process of being administered to workers. Earlier the Transport Workers Union called for the maximum penalty be inflicted upon Qantas, and said the flying kangaroo was faced with a 'once-in-a-lifetime opportunity' during the pandemic to save more than $100m per year. Noel Hutley SC said the airline had the 'temptation of the potential to produce a massive profit'. In his submissions on Tuesday, Mr Hutley said Qantas had acted with 'arrogance and a dismissive and self-justified attitude towards these events' that it was 'dragging out'. While Justice Lee is yet to decide exactly who will receive the money from the penalty imposed upon Qantas, there are three likely parties proposed. The TWU is seeking a large majority of the penalty, and also argued effected workers should receive further compensation. Otherwise, the funds could go directly to the commonwealth. The Federal Court earlier found that Qantas had acted against protections in the Fair Work Act in its outsourcing and was partly motivated by a desire to prevent industrial action. The airline appealed the decision to the full bench of the Federal Court and later the High Court, both of which were unsuccessful. After losing the appeal, the union and Qantas went to mediation to determine how much Qantas would have to pay the outsourced workers for economic losses linked to lost wages. The hearing before Justice Michael Lee is expected to span over five days, ending on Friday.


West Australian
21-05-2025
- Business
- West Australian
Qantas claims it made ‘a mistake' in illegally sacking 1820 ground workers
Qantas says it has 'learnt its lesson' after unlawfully sacking more than 1800 ground workers, claiming the decision was a 'mistake' rather than deliberate. The airline was thrice found to have acted unlawfully when it fired 1820 staff in favour of outsourced contractors during the height of the Covid-19 pandemic. While an earlier compensation hearing before Justice Michael Lee found Qantas should pay $120 million to impacted workers, now a hearing will decide the added penalty Qantas must pay for the 2020 decision. The hearing in the Federal Court in Sydney continued on Wednesday for its third day before Justice Lee, where Barrister for Qantas Justin Gleeson SC continued his submissions. Mr Gleeson told the court Qantas's decision was 'a mistake' and not 'intentional'. 'Going forward your honour can be comfortably satisfied Qantas has learnt its lesson,' he said. 'Through Ms Walsh's division and the board … the risk of making this error again is low. 'Qantas is coming to your honour as a first offender … and it would be oppressive to say you should pay close to the maximum penalty.' Various meetings between senior managers at Qantas, a GMC meeting and a board meeting came under the microscope in court on Wednesday. Mr Gleeson contended the problem with the outsourcing decision was not exposed to the GMC or board members during the meetings. 'Effectively the green light was given (to the board) … the problem was there but it was not exposed to the GMC or to the board and that's to be taken into account when assessing the liability,' he said. Mr Gleeson said the process 'fell down' when it had not come to the attention of anyone at the GMC level that a red flag needed to be put up when making the decision. Earlier in the hearing, Mr Gleeson said the airline is seeking a penalty between $40-$80m. 'We submit the penalty should be in the mid-range,' he said. Mr Gleeson said any penalty close to the maximum would be 'manifestly unfair'. 'Qantas has accepted the seriousness of its conduct,' he said. 'The court can and should impose a significant deterrent penalty. However, it is in effect a first contravention (of the fair work act).' The maximum penalty Qantas can be ordered to pay is $121m, on top of the $120m compensation fund that is now in the process of being administered to workers. Earlier the Transport Workers Union called for the maximum penalty be inflicted upon Qantas, and said the flying kangaroo was faced with a 'once-in-a-lifetime opportunity' during the pandemic to save more than $100m per year. Noel Hutley SC said the airline had the 'temptation of the potential to produce a massive profit'. In his submissions on Tuesday, Mr Hutley said Qantas had acted with 'arrogance and a dismissive and self-justified attitude towards these events' that it was 'dragging out'. While Justice Lee is yet to decide exactly who will receive the money from the penalty imposed upon Qantas, there are three likely parties proposed. The TWU is seeking a large majority of the penalty, and also argued effected workers should receive further compensation. Otherwise, the funds could go directly to the commonwealth. The Federal Court earlier found that Qantas had acted against protections in the Fair Work Act in its outsourcing and was partly motivated by a desire to prevent industrial action. The airline appealed the decision to the full bench of the Federal Court and later the High Court, both of which were unsuccessful. After losing the appeal, the union and Qantas went to mediation to determine how much Qantas would have to pay the outsourced workers for economic losses linked to lost wages. The hearing before Justice Michael Lee is expected to span over five days, ending on Friday.