because whilst we were only wearing ties etc, we had the ability to conduct up to 48 hr stoppages. The fact we didn't/promise we won't is irrelevant. They will look at what we can do. Not what we did.
This is not really correct. The appeal is based on several grounds; one being the question of did FWA exceed its jurisdiction in making the order it did, and did it ask itself the correct questions in deciding to terminate all actions.
This leads to the issue of whether the lockout by QF satisfies the definition of employer response action under the legislation and an argument about whether employer response action needs to be 'proprtional' and/or if it can be in response to just bargaining
claims or only in response to industrial
action, or can it be in response to either.
Then there is the issue of whether or not FWA was obliged to disaggregate the industrial actions of the various parties.