UNIONS are poised to challenge the tribunal decision that terminated their industrial action against Qantas following legal advice claiming the airline acted improperly and broke the law.
Transport Workers Union national secretary Tony Sheldon yesterday said advice showed the unions had grounds to lodge an appeal against the Fair Work Australia ruling.
But Qantas last night dismissed the claims, insisting it had fully complied with the law during the dispute and had taken the only option available to it in grounding the fleet last weekend.
The threat of a potential Federal Court challenge came as it emerged the TWU had also been lobbying the federal government to "beef up" the Qantas Sales Act to protect workers from the airline's plans to moves operations offshore and slash local jobs.
Mr Sheldon said the legal advice showed Qantas acted improperly by threatening to keep the airline grounded if the court only suspended instead of terminated the industrial action last weekend. It also showed that the position of the unions was not taken into proper consideration and that the lockout notice was illegal because workers were not given three days' notice.
Mr Sheldon stressed that he was still happy to continue negotiations with Qantas in good faith but planned to appeal the decision, possibly with other unions, to protect the broader interests of members.
"We have advice now that we can appeal this decision," Mr Sheldon told Australian Agenda on Sky News.
"They blackmailed the judiciary, they blackmailed the travelling public, they blackmailed the government and were on a hell-bent ideological rant that wasn't in the interest of anyone."
Qantas said there was no requirement to provide notice but the company gave employees two days anyway.
"As the government applied to Fair Work Australia and all industrial action was terminated, employees were not locked out," a spokesman said.
The debate came as opposition workplace relations spokesman Eric Abetz attacked the government for giving unions too much power.
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