QANTAS is suing its professional engineers' union for allegedly making false and misleading claims about the potential impact on flights of long-running industrial action over Easter.
The Federal Court action under section 345 of the Fair Work Act relates to claims last March by the Association of Professional Engineers, Scientists and Managers that flights over Easter could have been delayed or cancelled because of its dispute, The Australian reported.
The unusual move, believed to be a first under new general protection provisions of the act, is the strongest sign yet that Qantas is prepared to protect its brand from US-style industrial campaigns that attempt to use safety as a bargaining chip.
Under section 345, a person contravenes the act if he or she makes a false or misleading representation about another person's workplace rights, or the effect of them being exercised.
The union issued a statement on March 30 warning the travelling public that flights over Easter could be delayed or cancelled because of the airline's ``inability to manage a long-running industrial dispute''.
The statement said engineers were crucial to keeping aircraft airworthy and flying and delays would be caused ``if inexperienced managers, working outside their area of expertise, make judgment calls'' over Easter.
At the time, the union's overtime and after-hours work ban had been in place since November with, Qantas said, no effect.
Qantas subsequently said its Easter flights were not affected by the industrial action and it was disappointed that the union and its advisers continued to undermine confidence in the airline. Qantas is now alleging APESMA made the claims knowing it could not disrupt flights over Easter.
University of Adelaide law professor Andrew Stewart described the legal action as novel but said it could work.
APESMA did not respond to a request for comment.
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COMMENT: Qantas is acting in s disgraceful manner on this issue.
Instead of having meaningful discussions with the Association,
they are engaging in the usual, right-wing, John Howard type legal
confrontation which is totally un-Australian. Qantas has long been
industrial bastards and they are showing they haven't changed.
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