Andrew Bland, of BlandsLaw, has weighed in on the Qantas industrial dispute which saw the airline ground its entire fleet last month.
Mr Bland was interviewed on SkyNew’s Switzer segment about the role of the Fair Work Act in the Qantas grounding.
Qantas’ CEO, Alan Joyce, essentially called a ‘lock-out’ when he grounded all aircraft on 29 October.
Continuing strikes had afflicted Qantas for months prior to the action. One of the issues in dispute is ‘job security’ as Qantas outsources more operations to Asia and expands subsidiary airlines, like Jetstar Asia.
The types of matters which can be bargained between employees and employers have widened under the Fair Work Act, according to Mr Bland. “One of the issues that can be negotiated in a dispute is job security.”
Unions had threatened unpredictable and intermittent strike action unless Qantas management agreed to job security demands.
Arguably, Mr Bland observed, “the potential for dispute is greater” under the Fair Work Act.
Nevertheless it is not likely that Australia will return to an industrial relations system dominated by arbitration.
Bargaining is in most cases a good alternative to arbitration in Mr Bland’s view.
“The Fair Work Act only allows arbitration in certain circumstances.”
With respect to the Qantas dispute, there are up to 42 days for the matter to be settled between the parties. “After that Fair Work Australia will arbitrate and will rule on the matters in dispute.”
Fair Work Australia, in arbitration, could decide to grant job security, or it could find in favour of Qantas.
Asked if the Fair Work Act has made being a boss harder, Mr Bland replied that “in some ways it has”.
“By definition it is harder to dismiss problematic employees than under Work Choices.”
Further reference