Fair Work Australia orders Qantas and unions to halt industrial action

The Full Bench of Fair Work Autralia  has ordered an end to industrial action taken by Qantas and its unions on an application by the Minister for Tertiary Education, Skills, Jobs and Workplace Relations [2011] FWAFB 7444. 

The application was made under s424 of the Fair Work Act 2009 (Cth), which allows FWA to order a halt to industrial action should it "cause significant damage to the Australian economy or an important part of it"

The unions had argued for a suspension rather than an outright ban, but the tribunal held that "suspension is necessarily temporary - it leaves open the possibility there may be a further lock out with its attendant risks for the relevant part of the economy. That is, a risk the situation we are now dealing with will recur."(at 15)

The tribunal held that it was imperative to protect Australia's tourism industry and that this outweighed any right to industrial action.(at 14)

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