Well that has been the case since the Howard Governments Work Choices came into effect. at the time most of the original Award Clauses were left in the new EBA's on the belief that when a Labor Government is elected they will throw it out, they did, but it didn't go far enough. Back then what was fought for, thrashed out in Tribunals and the Industrial Court, is now decided by a 25 year old office girl at Fair Work Australia. the Industrial Architecture in Australia is a mess and until it's fixed companies will continue to take advantage of it's employees. you can do yourselves a favour by removing from your EBA's all those issues that are not enforcable, that way you are not deluding yourselves and removing some of the confusion.
I can't imagine that there is a single clause in your EBA that a pilot can flagrantly breach.
Last edited by Xeptu; 12th Sep 2018 at 04:27.
Reason: extended