I wonder why Gillard isn't using section 431 of her own Fair...

I wonder why Gillard isn't using section 431 of her own Fair Work Act. This from Abbott:

"Opposition Leader Tony Abbott said the government had the power to bring a swift end to the dispute.

"The prime minister says she wants the industrial action to be over," Mr Abbott told reporters in Canberra on Sunday.

"She can end it if she's prepared to use the powers available to the government under section 431 of the Fair Work Act, and I call upon her to do so immediately."

If the government acted under section 431 it must prove there is a significant economic damage. "

http://www.stuff.co.nz/travel/australia/5879437/Qantas-dispute-Fears-for-Aussie-economy

This from the Fair Work Act:

"431 Ministerial declaration terminating industrial action

(1) The Minister may make a declaration, in writing, terminating protected industrial action for a proposed enterprise agreement if the Minister is satisfied that:

(a) the industrial action is being engaged in, or is threatened, impending or probable; and

(b) the industrial action is threatening, or would threaten:

(i) to endanger the life, the personal safety or health, or the welfare, of the population or a part of it; or

(ii) to cause significant damage to the Australian economy or an important part of it.

(2) The declaration comes into operation on the day that it is made.

(3) A declaration under subsection (1) is not a legislative instrument."

http://www.comlaw.gov.au/Details/C2010C00741