AIPA's action does not have to pass the test in s 424. It was accepted that the lockout action of Qantas met the test. That action is protected if it is response action. If it is protected response action, a termination order terminates that action and the action it is in response to. That leads to the issues I listed above.
AIPA's argument is not 'a winner'. The judges did not appear to be swayed grossly one way or the other in their response questions to counsel, in fact they pressed both sides quite hard at times to justify their arguments (so I heard).
Like I said, it will be interesting to see how they attack the issues after giving consideration to the differing arguments.
Last edited by theheadmaster; 8th Mar 2012 at 04:11.