Senator Eric Abetz

Qantas' confirmation that it would not have grounded the airline if the Government had used section 431 of the Fair Work Act to terminate the dispute proves the Government is to blame for the airline's weekend grounding.

Labor had 3 hours' warning and could have quickly moved to use section 431 to terminate the action and which would have avoided the whole debacle.

This puts the lie to Labor's continued furphies to justify their use of section 424 of the Fair Work Act to intervene in the Qantas dispute.

Labor continues to tell the Australian people that section 431 would create 'legal uncertainty' and is untested.

But now TWU boss Tony Sheldon and Barry Jackson from the Pilots Union are considering challenging Fair Work Australia's decision anyway.

"Section 424 of the Fair Work Act had never been used by a Minister to intervene and further comments from the unions that they are considering an appeal show that the use of section 424 also has 'legal uncertainty' and is untested," Senator Abetz said today.

“Its clear Minister Evans had the ability and the means to intervene immediately and decisively - before 5pm – to avoid the Qantas fleet being grounded, but lacked the courage and the will to do so."

"Despite saying he argued at all times for full termination, the Minister was caught out when it was revealed in the Decision that the Minister himself had alternatively argued for suspension which would have resulted in Qantas leaving their fleet grounded."

"Labor is going above and beyond to distract from their mismanagement of the whole affair but its incompetence is now on show," Senator Abetz concluded.