The industrial action was terminated under S424 of the fair work act, and it reads:
FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 424
FWA must suspend or terminate protected industrial action--endangering life etc.
Suspension or termination of protected industrial action
(1) FWA must make an order suspending or terminating protected industrial action for a proposed enterprise agreement that:
(a) is being engaged in; or
(b) is threatened, impending or probable;
if FWA is satisfied that the protected industrial action has threatened, is threatening, or would threaten:
(c) to endanger the life, the personal safety or health, or the welfare, of the population or of part of it; or
(d) to cause significant damage to the Australian economy or an important part of it.
It is very clear that Fair Work can only terminate or suspend action that causes a threat to life, personal safety or health, welfare etc or significant damage to the Australian economy.
Fair Work openly stated that it was Qantas' action that threatened the economy not the unions (even the 3 in aggregate). Therefore Qantas should have been ordered to terminate or suspend the lock out, and the unions should have been left alone until they actually did something that would allow s424 to be used.
Someone put an article on Qrewroom written by a right wing lawyer arguing exactly this point, I'll try to find it and post it.
AIPA could be on a winner.....
