Qantas has been fined ninety million dollars by the Federal Court of Australia for breaching the general protections of the Fair Work Act with the judge ruling inter alia
“Taking all relevant factors into account, a penalty of no less than $90 million appears necessary to achieve the objects of deterrence (slightly less than 75% of the maximum penalty).
229 For the sake of completeness, I should note that even if I had not taken into account my findings as to the disparity issue (as it relates to the culture of Qantas) and/or made the additional finding based upon a characterisation of earlier findings in relation to Mr Jones (see [116] and [221] above), the sheer scope and size, perceived financial benefits, and consequences of the contravention require a minimum penalty of $90 million. Any less would not achieve the necessary specific and general deterrence.
230 In deciding it is “appropriate” (as that term is used in s 546(1) of the FWA) to impose such a penalty, I have reminded myself that this contravention was a single decision, and the maximum penalty is only what it is because the outsourcing decision was directed to 1,820 affected workers. I have also satisfied myself that the penalty of $90 million does not involve any notion of “double punishment” and, standing back as a final check, it bears a proper relationship to the overall conduct having regard to all the relevant circumstances and the object for which the penalty is imposed.”
Transport Workers’ Union of Australia v Qantas Airways Limited (Penalty) [2025] FCA 971 per LEE J delivered 18 August 2025