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ARTICLE · 28 MARCH 2013

Industrial action masquerading as safety concerns?

The case illustrates that taking an assertive stance about false safety issues sometimes receives the correct support.

AustraliaEmployment and HR

It is a cynicism commonly expressed that some safety issues raised by unions are more about bargaining tactics or power plays than genuine safety concerns. Of course, one has to be careful about alleging such a lack of sincerity, because safety is a serious issue and your words may come back to haunt you should the allegedly "artificial" risk come to pass.

However, in a recent case involving Qantas, a Federal Court judge held just this. Six maintenance engineers working for Sunstate Airlines (QLD) found defects with aircraft doors. This had the effect of grounding the planes, and occurred immediately after developments (about which the union was not happy) in the course of bargaining for a new enterprise agreement. The alleged safety issues were found to be groundless by the Office of Transport Security and the Civil Aviation Safety Authority. The engineers were disciplined.

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