Senator ABETZ (Tasmania—Leader of the Opposition in the Senate) (14:00): My question is to the Minister for Tertiary Education, Skills, Jobs and Workplace Relations and Minister representing the Prime Minister. I refer to the Prime Minister's claim that to use section 431 as opposed to section 424— Government senators interjecting— The PRESIDENT: Order! Senator Abetz, resume your seat. You are entitled to be heard in silence, and I am entitled to hear the question. Senator Abetz, continue. Senator ABETZ: I refer to the Prime Minister's claim that to use section 431 as opposed to section 424 of the Fair Work Act in the Qantas dispute would create 'legal uncertainty' and was 'untested'. I also refer to the fact that the Transport Workers Union boss, Tony Sheldon, as well as Barry Jackson from the pilots' union, are considering challenging Fair Work Australia's decision. Senator Sterle: What did you know, Eric? Senator Carr: When did you know? The PRESIDENT: One moment, Senator Abetz. I am not trying to disturb your question. Senator Sterle: I am! The PRESIDENT: That is not the right attitude to have in this place. Senator Abetz, continue. Senator ABETZ: Given that section 424 of the Fair Work Act had never been used and was therefore untested and that these unions are now threatening to challenge Fair Work Australia's decision anyway, thereby creating legal uncertainty, does the minister concede that he should have made a declaration under section 431 and thereby avoided the grounding of the Qantas fleet?