Incorrect there is no such prescription. Maybe there should be but there isn't. It is but one of the flaws in the FWA legislation.
Clotted I don't believe that is correct. Please post a link to support your assumption.
The impression I got from the FWA transcript was that QANTAS had enough of the industrial action so proposed a lockout. Of which a 72 hour notice had to be given by law.
THE GROUNDING was on safety
BECAUSE OF the impending lockout. QANTAS has stated on the record that CASA was onto them because CASA thought there might be a safety risk with all the ongoing industrial problems. (But somehow fatigue isn't
)
Joyce thought that if they send everyone lockout notices that in the intervening time some safety issue might occur so he then decided as part of the saftey management system that he should ground the airline.
Two separate events occured here.
1. QANTAS wrote letters giving 72 hours notice of a impending industrial lockout under the FWA
2. Becuase of that (lockout) AND because of CASA AND because of the SMS QANTAS grounded the airline on the grounds of SAFTEY.
So essentially Joyce played the saftey card to orcharstrate a industrial outcome.......
The AIPA court case fits into this here somewhere.
Industrial relations with QF is like dealing with spoilt children. They want it all their way and will bully you and do anything possible to get their own way.
However if you play dirty on them they go running to mummy having a big cry. That's what we are up against here.