Legal advisors are set to be the big winners in the ongoing Qantas disputes, according to a senior legal advisor. Joydeep Hor, managing partner of  employment law firm, People, Culture, Strategies told ALB that there would no doubt be some hefty legal bills as a result of the events over the weekend. “I have no doubt that there was not much sleep for any of the people involved in the hearings,” said Hor.

Qantas and the three unions involved in disputes were ordered to attend an emergency hearing in front of a full bench at Fair Work Australia (FWA) early Sunday morning, which resulted in the workplace umpire putting a stop to all industrial action by the airline and unions at 2am Monday morning. Qantas and the unions now have 21 days to reach a settlement, which could be extended for a further 21 days if progress is made. Top tier firm Freehills is advising Qantas on the various disputes with the three representative bodies, and has a long history of involvement in high profile industrial disputes, including the Waterfront dispute of 1998. Leading plaintiff firm Maurice Blackburn is advising the Transport Workers Union, which represents baggage handlers and ground crew; Hall Payne is advising the Australian Licensed Aircraft Engineers Association and Turner Freeman is advising the Australian International Pilots Association.

Hor said the action during the weekend by Qantas was directly aimed at forcing the government to intervene. “The catalyst for this was not the industrial action by the unions, it was the grounding of the fleet,” he said. “I think the decision to lockout staff and ground the fleet were all deliberate attempts to ensure that the government would have to intervene and achieve the outcome that has now been achieved,” he said.

If the relevant parties cannot broker a deal within the 21 day period FWA has set them, then they will all leave themselves open to third party intervention, said Hor. “It is better for most people to at least be masters of your own destiny, even if you concede a little bit more, than being at the whim of a third party,” he said. “As with any kind of litigation if you can settle – it’s better.”

In addition to a resolution between Qantas and the relevant parties Hor said the recent events should also prompt a “thorough review” of the bargaining provisions of the Fair Work Act. 

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