Transport Workers Union of Australia v Qantas Airways Limited ACN 009 661 901 & Anor Federal Court of Australia, Proceedings Number: NSD1309/2020

‘PENALTY FUND FOR AFFECTED WORKERS OF QANTAS’

UPDATE as at 7 September 2026:

On 4 September 2026, the Federal Court of Australia processed payment to a majority of the affected workers in accordance with Court orders.

In relation to those workers (or the legal personal representative of their estate or their guardian or administrator, as the case may be) that were named in the orders made by the Court on 26 August 2026 and 3 September 2026, William Roberts Lawyers will be in contact with those workers shortly to arrange for payment to be made to them as soon as possible.

If an affected workers’ payment does not arrive by 9 September 2026, they should contact William Roberts Lawyers at QantasWorkers@williamroberts.com.au

What has happened?

In August 2025 the Federal Court of Australia ordered Qantas to pay a $90 million penalty for unlawfully outsourcing its ground handling operations. $50 million was paid to the Transport Workers Union of Australia and the remaining $40 million (Penalty Fund) was set aside for affected workers with $3,333 paid in December 2025 to each worker who had then registered for the Compensation Scheme. The rest — about $35 million plus interest — was to be paid once the Compensation Scheme assessments were completed. The Compensation Scheme has been delayed and, on 6 August 2026, the Court decided workers should not have to wait any longer.

Recent orders in relation to the Penalty Fund can be accessed here:

• The 6 August 2026 orders can be accessed here.
• The 20 August 2026 orders can be accessed here.
• The 26 August 2026 orders (26 August Orders) can be accessed here.
• The 3 September 2026 orders can be accessed here.

How the share of the Penalty Fund for each affected worker is calculated:

The Court ordered that the remaining Penalty Fund (plus interest, less costs approved by the Court) be distributed now among the affected workers identified by the Court, based on each affected worker’s length of service with Qantas as recorded in data Qantas itself produced under Court orders. The formula is as follows:

Each affected workers’ payment = $3,333 + [(each affected workers’ years of service ÷ total years of service of all affected workers) × the rest of the Penalty Fund].

If an affected worker was paid $3,333 in December 2025, nothing is deducted for it on the further payment — they now receive the service-based part. If they were not, the $3,333 is added to their payment now.

Who should affected workers contact about their length of service with Qantas?

As William Roberts Lawyers are utilising data provided by Maurice Blackburn Lawyers (from data provided by Qantas itself), queries in relation to the tenure of affected workers should be directed to Maurice Blackburn Lawyers.

When will the payments be made?

Pursuant to the 26 August Orders, upon William Roberts Lawyers being provided with the account balance of the account holding the Penalty Funds, expected to be on or shortly after 1 September 2026, William Roberts Lawyers is, within two business days, to provide to the Court a payment schedule of affected workers calculated by reference to that account balance.

After receipt of the payment schedule, the Court can start arranging payments to be made to affected workers. This process may take time.

As such, payment is currently expected to be made by the first week of September 2026 for the majority of affected workers.

Have William Roberts Lawyers sent the schedule of payments to the Court?

Yes, William Roberts Lawyers did so on 3 September 2026.

What do affected workers need to do?

Most affected workers’ payments should be made by the first week of September into the bank account that the affected worker previously provided to Maurice Blackburn Lawyers. If an affected workers’ payment does not arrive by 9 September 2026, they should contact William Roberts Lawyers at QantasWorkers@williamroberts.com.au. William Roberts Lawyers may also contact an affected worker if a payment to their account cannot be delivered.

Deceased workers and affected workers who cannot manage their own affairs:

The share of the remaining Penalty Fund of a deceased worker or affected worker who cannot manage their own affairs is being paid to Robert Ishak of William Roberts Lawyers who has been appointed by the Court to hold the allocated fund and who will pay it (with interest) to the estate’s legal personal representative, or the person authorised to manage the affected worker’s affairs, once identified.

Will a notice be sent to affected workers notifying them of this information?

Yes, affected workers should have now received a Notice from Maurice Blackburn Lawyers.

The Compensation Scheme continues:

This payment is a share of the penalty imposed on Qantas — it is separate from, and in addition to, compensation to affected workers which will still be assessed and paid under the Compensation Scheme. It is not conditional on signing any release. The Administrator of the Compensation Scheme expects to send estimated notices of assessed compensation around October 2026.

Tax and Centrelink:

This payment is not wages and not compensation for an affected workers’ loss. William Roberts Lawyers cannot give affected workers personal tax or Centrelink advice — if unsure, an affected worker should speak to their adviser, the ATO or Services Australia.

Questions:

If an affected worker has any questions about the above, please contact William Roberts Lawyers by email at QantasWorkers@williamroberts.com.au.