Mark Levy admits there's a cause for concern surrounding the landmark ruling that will see Qantas pay a record $90 million penalty for illegally sacking more than 1800 workers.

With Justice Michael Lee ordering that $50 million be paid directly to the Transport Workers’ Union, while a remaining $40m will be determined at a later hearing, Levy conceded fears that the $50m payment would hand the TWU power it hadn't seen before.