SIPTU has said it will not enter talks with Aer Lingus management on cost-cutting until the company postpones its plan to introduce lower terms and conditions for new recruits.
Last month, management announced they would be applying lower terms for new staff from 1 February and existing staff from 1 March.
The high-level National Implementation Body recommended on Monday that unions and the company should hold three weeks of intensive talks at the Labour Relations Commission and the Labour Court is necessary to be completed by 1 March.
However, it has emerged that Aer Lingus has already applied the lower terms to staff recruited since 1 February.
SIPTU argues that this is a breach of an existing agreement and that they will not enter talks while that breach continues.
Speaking after a meeting with Aer Ligus management this afternoon, SIPTU's National Industrial Secretary, Michael Halpenny said the union would be referring the matter to the Labour Court.
However some industrial sources suggest the matter can only be referred to the Labour Court if the company agrees to the referral.
Aer Lingus declined to comment.
IMPACT, which represents over 40% of staff, has said it is prepared to go into talks which had been expected to begin before the weekend.