Here’s what worries me about the AFAP response to AIPA’s warning (and I have no horse in this race, I’m just concerned that someone might get hurt):
The AFAP did not state that they had “strong legal advice”, they merely said that other unions in the past had advised their members that it was OK to engage in PIA even if they joined after the vote.
I’m sorry, but that is not a strong legal precedent, IMHO, and if that is the best they are going to put in writing then I suspect that someone might be carefully trying to cover their arse. Ask yourself what they didn’t say.
Now, the AFAP have lawyers, and AIPA have lawyers: they obviously disagree with each other on this topic, or at least are demonstrating differing legal risk thresholds. Qantas have lawyers too, and you can bet what they will be seeking if any of you take unprotected industrial action. Qantas goes into “battle mode” when PIA starts, and may start behaving differently to what you have been accustomed. Remember also, you will be lumped into the same bucket as the TWU.
AIPA would not have provided this advice if they did not consider there to be a legal risk. It would not be anything else. It most certainly would not be a Union V Union stunt.
Please tread warily my friends if you joined AFAP after the vote. Just because “other unions” dealing with “other companies” may have gotten away with it in the past, doesn’t mean you can’t or won’t be fined or sacked for taking unprotected industrial action.
If AJ can make an example of even one of you, it has the potential to destroy morale, and/or divert attention from the core issue. I wouldn’t advise it, it just isn’t worth it. There is already an overwhelming number of protected AFAP members.
It would be a pity if the AFAP’s resources, and the will of the members, were to be diverted to attempting to reinstate the employment of one or a few individuals instead of the keeping the attention on the EBA.
Fight the fight carefully and hope your opponent makes an error. Don’t be the one to make the dumb error, especially after you have been warned.
Remember: “my union told me it’s ok” is not a defence.
To the rest of you: good luck folks, I’m with you in spirit! (And this post is not legal advice).