TRANSCRIPT
Qantas was once the most trusted brand in Australia.
Now, it may have to pay big for breaking the law.
The High Court has delivered another blow to the embattled airline, finding that the termination of almost 1700 ground staff in 2020 was illegal.
Qantas outsourced its ground operations to third party contractors, citing the pandemic-driven downturn.
At the time, Qantas Domestic C-E-O Andrew David expressed sympathy towards the workers whose jobs were cut as a result.
"This will be very hard news for affected employees and their families to hear, especially when you consider most of them have been stood down, without any work, for months."
But the Transport Workers Union argued Qantas cut those jobs to prevent protected industrial action from taking place.
In 2021, the Federal Court found Qantas had broken the Fair Work Act.
The airline appealed that decision to the High Court, where the panel of seven Justices has unanimously dismissed the legal challenge.
They found in favour of workers whose lengthy careers were cut short.
Former Qantas worker Damien Pollard has said workers lost much more than just their jobs.
"The last three years has been horrendous for my colleagues and myself. A lot of us have struggled to gain other employment, there's been relationship breakdowns, people who've had to sell their houses. And this is justification and redemption for us today, to come away with the unanimous win - sorry, I've got a bit of emotion in my voice - a unanimous win. Seven judges of the High Court have said, 'Yep, they were in the wrong."
Qantas won't be forced to rehire the workers it illegally sacked.
But the Transport Workers Union will be back in the Federal court next week seeking hefty financial penalties and compensation for those former employees.
Union spokesman Michael Kaine says the significance of the decision for the vindicated workers is visible.
"There are smiles on their faces - smiles on their faces - because it's been three years. Three years of hell for them and their families, and now, justice has prevailed. It's as much the fact that they have been vindicated for building the spirit of Australia, [as] that the reprehensible act has been called out, once and for all, in the High Court of Australia."
Minister for Employment and Workplace Relations Tony Burke has also used a Question Time address to celebrate the decision.
"And we welcome today that justice has been given for those workers, after experiencing horrific treatment from a company that those opposite made excuses for, that those opposite made allowances for, and are now in a situation where after we have stood shoulder to shoulder, those workers now can see some justice."
Qantas has accepted the court's finding but in a media release has said the company stands by their original decision, which they say was necessary for the airline to survive.
However Shadow Transport Minister Bridget McKenzie has questioned that choice.
"Well I think there are some serious questions about the decisions made by the Qantas board, and not only in backing in the decision that the high court's ruled on today. The very cosy setup that former C-E-O Mr Joyce arranged for himself, with the Qantas board, I think has got all Australians questioning their own remuneration and settlement packages. And when you look at the payments that are going to have to be made to the staff that are impacted by the High Court decision - the new C-E-O has made it clear that it's a new page. And it's an opportunity to really restore the reputation of our once beloved national carrier."
That new CEO, Vanessa Hudson, is just seven days into the job after replacing Alan Joyce.
So new, in fact, that in an embarrassing omission, her name didn't even make it onto the airline's media release.
Ms Hudson certainly has her work cut out for her, making a name for herself by restoring the reputation of a company in tatters.
For today, though, former Qantas worker Dan Dixon's message is for his colleagues, not the company.
"All you Qantas workers at home, hahaha - we beat 'em! Go and enjoy it."
