Maurice Blackburn still working on ‘complex’ Qantas settlement

“While the Scheme has required the development and implementation of new systems and procedures, including a bespoke online portal, new assessment processes and a specific ATO ruling, the time frames are within those anticipated for a complex settlement administration,” a spokesperson said in a statement.

“Workers will be assessed for compensation for the economic loss they experienced within the 12 months after the Outsourcing Decision. Workers will also be compensated for non-economic loss that they have suffered.

“Under the Scheme, they will have the opportunity to seek review of the non-economic loss amount. We anticipate that claimants will be advised of the estimated amount they will be eligible to receive shortly.

“This is a significant and important undertaking. It has involved up to approximately 40 people to date, including MB employees and external experts retained by MB.”

It follows the Sydney Morning Herald reporting that Maurice Blackburn is seeking an extension from the Federal Court of a July deadline for details on individual compensation amounts, which are needed to determine how much affected workers will receive from $40 million in Qantas penalties.

“The penalty payment is separate to compensation assessed from the settlement scheme. The court ordered the Administrator to provide a schedule of payments made to workers in order to calculate the proportionate amount of penalty that the Court will pay the workers,” the spokesperson said.

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“We have advised the Court that the Scheme is ongoing, and unfortunately, we cannot provide that schedule by 31 July. This is due to the ongoing complexity of the Scheme and the time it is taking to assess everyone fairly and reasonably.”

According to the firm, the scheme covers 1.820 affected workers and requires individual assessments rather than a bulk calculation for processing. Maurice Blackburn is thus seeking an extension until October.

“The work is detailed and complex and requires the Administrator to engage on an individual basis with all claimants,” the spokesperson said.

“These have included locating claimants, verifying identity, reviewing, and assessing complex individual financial loss claims, as well as reviewing and determining individual non-economic loss claims. In addition, the Administrator has had to manage a variety of complex individual circumstances including estate claims and claimants who have now moved overseas.

“On the economic loss side, this has involved reviewing over 17,500 individual tax documents (notices of assessment, income statements and tax returns) entering them into individual spreadsheets, auditing them for discrepancies, and following up directly with claimants where material is missing or incorrect.

“On the non-economic loss side, the process requires obtaining detailed information from each claimant, establishing an external panel of 8 assessors, engaging an external IME provider and arranging independent medical examinations with a panel of 18 medical experts.”

In addition to the $120 million in compensation, Qantas was last year slugged with a $90 million penalty over the 2020 outsourcings, with $50 million going to the TWU, which prosecuted the case against the airline.