Qantas Dispute
Qantas dispute heads to umpire, more pain possible
Kelly Burke, Matthew O 'Sullivan, Jessica Wright
November 22, 2011
[pic]
Alan Joyce… “the winners out of this are our customers”. Photo: Dallas Kilponen
THE Qantas dispute will drag into next year and there is a threat of further legal action, with negotiations between the three unions and the airline collapsing within hours of the mandated deadline.
Despite a push by the Transport Workers Union to extend the 21-day negotiation period, yesterday afternoon airline management walked away from talks with its ground crew, including baggage handlers and catering staff, less than an hour after doing the same with its long-haul pilots.
Late in the afternoon, Qantas and the third union locked in dispute, the Australian Licensed Aircraft Engineers Association, agreed to call it quits and hand the remaining unresolved issues - the use of contractors and hiring staff from outside Australia - over to the industrial relations umpire.
The process of binding arbitration under Fair Work Australia is expected to take months as the umpire gathers evidence and calls for expert witnesses and written submissions.
Although unlikely, disruptions to the holiday plans of thousands of Qantas passengers cannot be ruled out, with the TWU to decide on Thursday whether it will mount a legal challenge to Fair Work 's order on October 31 to terminate industrial action. The union has said it will seek a stay if it decides to challenge, which would allow its members to resume work stoppages over the Christmas and New Year period.
The pilots ' union has already begun legal action against Fair Work 's decision with the first directions hearing in the Federal Court set down for December 1.
But industrial law experts are skeptical about the likely success of the TWU and pilots ' legal challenges. Emeritus Professor Ron McCallum, from the Sydney Law School, said it was highly unlikely the Federal Court would grant the TWU a stay, which
Kelly Burke, Matthew O 'Sullivan, Jessica Wright
November 22, 2011
[pic]
Alan Joyce… “the winners out of this are our customers”. Photo: Dallas Kilponen
THE Qantas dispute will drag into next year and there is a threat of further legal action, with negotiations between the three unions and the airline collapsing within hours of the mandated deadline.
Despite a push by the Transport Workers Union to extend the 21-day negotiation period, yesterday afternoon airline management walked away from talks with its ground crew, including baggage handlers and catering staff, less than an hour after doing the same with its long-haul pilots.
Late in the afternoon, Qantas and the third union locked in dispute, the Australian Licensed Aircraft Engineers Association, agreed to call it quits and hand the remaining unresolved issues - the use of contractors and hiring staff from outside Australia - over to the industrial relations umpire.
The process of binding arbitration under Fair Work Australia is expected to take months as the umpire gathers evidence and calls for expert witnesses and written submissions.
Although unlikely, disruptions to the holiday plans of thousands of Qantas passengers cannot be ruled out, with the TWU to decide on Thursday whether it will mount a legal challenge to Fair Work 's order on October 31 to terminate industrial action. The union has said it will seek a stay if it decides to challenge, which would allow its members to resume work stoppages over the Christmas and New Year period.
The pilots ' union has already begun legal action against Fair Work 's decision with the first directions hearing in the Federal Court set down for December 1.
But industrial law experts are skeptical about the likely success of the TWU and pilots ' legal challenges. Emeritus Professor Ron McCallum, from the Sydney Law School, said it was highly unlikely the Federal Court would grant the TWU a stay, which
References: Book Stone. J Raymond - Human Resource Management 6th Edition, 2008. John Wiley & Sons Australia, Ltd. Milton, QLD 4064 Online http://www.smh.com.au/business/qantas-dispute-heads-to-umpire-more-pain-possible-20111122-1nrgj.html http://www.fwa.gov.au/index.cfm?pagename=agreementsdeterminations#good