I've just been reading through the Fair Work Act and I don't see how the government or minister or anyone can terminate OR suspend the protected industrial action being taken by the pilots or the engineers.
The Act specifies that FWA MUST terminate or suspend protected industrial action if it could "cause significant damage to the Australian economy or an important part of it."
The definition of protected industrial action is:
a) employee claim action for the agreement
b) employee response action for the agreement
or
c) employer response action for the agreement
So, FWA MUST terminate or suspend the employer response action by Qantas management, as that is what is causing the damage to the economy.
The action by the pilots is in no way harming the Australian economy and they therefore have no right to suspend or terminate it!
The action by the engineers, while more drastic than the pilots, could hardly be called a risk to the Australian economy.
Thoughts?
(Reference Fair Work Act 2009, 408 and 424.)