Ummm, yes. Because the FWD was determined by the courts.
Court transcript.....
AJ: We need to make X hundred pilots redundant. I understand that the WD and past practice says its strict seniority, last on first off. But QANTAS faces an unprecedented attack from foreign state owned airlines via a loss making strategy implemented by Virgin. We can't compete with their unlimited funding. We are losing squillions. If we follow LOFO principle, its going to cost X hundred million dollars because of the retraining costs and the time delay in getting everyone where we need them. This puts the whole group in an unacceptable position. If we have to follow LOFO, QFI will no longer be viable, and we will have to withdraw from all routes leading to the loss of X thousand jobs.
If we can have relief from LOFO in this extraordinary instance, we have a chance to survive and make the QANTAS group competitive again blah blah blah. Also, if the court pleases, I refer you to the Kendall CRJ case in whatever year
Judge: Oh umm ahem, well geez, i dunno, better talk to the government etc etc.
OK Alan, you got it.
I don't like it, but thats what I'm expecting our courts, and our government to do. Screw the workers, look after the big end of town.