Qantas pilots on Thursday filed a court challenge to a strike ban ordered after the Australian airline grounded its global fleet, saying it was an excessive response to their low-level campaign.
Australia's workplace regulator ordered the termination of all industrial action at Qantas last month after CEO Alan Joyce grounded the entire fleet in a snap decision that stranded tens of thousands of passengers worldwide.
The shutdown, ultimately revoked after a marathon after-hours tribunal hearing, followed months of strike action by ground staff, engineers and pilots at the airline over an Asia-focused restructure of its international arm.
Pilots filed a case in the Federal Court of Australia challenging the validity of the ban, saying it was a disproportionate response to what were merely symbolic and token industrial actions on their part.
"It is important to remember that the protected industrial action which was being taken by (the pilots' union) AIPA involved its members from time to time wearing a red tie and making limited announcements on the aircraft broadcasting system prior to take off," AIPA said in a statement.
"Not one aircraft was delayed or cancelled by any action taken by AIPA members. Not one passenger failed to depart on time due to the protected industrial action of AIPA members."
Under the tribunal ruling Qantas and the unions have 21 days to resolve their dispute before being ordered into formal arbitration.
The pilots stressed that talks would continue and they remain 'fully committed to negotiating an outcome'.
The case will challenge the validity of Joyce's decision to ground the airline as a reasonable response to pilots' actions.
"This is a matter that needs to be clarified in order to ensure that a precedent is not set which may give an employer the impression that it can conduct itself in a similar manner to Qantas to bring about a calculated result which deprives its workforce of any rights during their bargaining process," AIPA said.
The Transport Workers' Union, representing baggage handlers and other ground staff, is contemplating a similar challenge, prompting strong warnings from the Canberra.
"The government is opposed to any action which would appeal against the decision of the Fair Work Commission to terminate industrial action, from any party, from the TWU or from employers," Treasurer Wayne Swan said.
Qantas said it remained 'hopeful of reaching a new agreement' with the unions within the 21 day period.