Transport Workers' Union of Australia v Qantas Airways Limited (Penalty)

In the Federal Court of Australia, the Transport Workers' Union of Australia (TWU) sued Qantas Airways Limited for a pecuniary penalty following a decision that Qantas had contravened the general protections provisions of the Fair Work Act 2009 (Cth). The key issue for the Court was determining the appropriate quantum of the penalty, taking into account various statutory considerations. The Court was required to consider the nature and circumstances of the contravention, the impact of the contravention, and the circumstances and character of the contravenor. This included assessing the evidence of contrition and reform within Qantas.

The Court concluded that the appropriate penalty was $90,000,000. The Court considered the extensive contravention of workplace rights, the significant impact on affected workers, and the lack of persuasive evidence of contrition or meaningful reform within Qantas. The Court found that while Qantas had shown some contrition, this was not sufficient given the severity and scale of the contravention. The Court also considered the nature of the contravention, finding it deliberate and calculated, and the financial benefits Qantas reaped from the contravention. The Court ordered that $50,000,000 of the penalty be paid to the TWU, with the remaining $40,000,000 to be determined in a future order. The Court also noted that the case would be adjourned for further orders regarding the remaining penalty amount and for a case management hearing.