It’s great to see scare tactics at EA time.
Here are the facts.
The 767 was ordered. Flown by Qantas pilots under LH award.
The 747-4 was ordered. Flown by Qantas pilots under LH award.
The A330 was ordered. Flown by Qantas pilots under LH award and 747 classic pay plus 5%.
The A380 was ordered. Flown by Qantas pilots under award. Above 747 rates.
787 was ordered. Flown by Qantas pilots. Loss of a few key parts of award but regardless flown by QF pilots.
There are are numerous sections of the Fair Work legislation that are inconvenient for the scare campaign.
Primarily section 311.
(1) There is a transfer of business from an employer (the old employer ) to another employer (the new employer
if Sunrise flies under the Qantas name or flies to Qantas destinations then the Fair Work covers existing employees.
If Alan or earlier CEOs could get away with this it would of happened a long time ago. Yes they could start a new entity, but it would be an associated entity as stated in 311 and any employee would transfer on his or her existing EA.
In short. It’s too costly for nil gain. If the premise of the new entity is to undermine terms and conditions it’s illegal!
Under the Fair Work Act, an enterprise agreement that already covers the new employer would NOT cover a transferring employee who is covered by a ‘transferable instrument’, e.g. an enterprise agreement with the old employer. This is referred to in the act as the default position.
In order for a company’s enterprise agreement to apply to transferring employees, an employer would need to make application to the FWC (s318), seeking an order that the company’s enterprise agreement should apply to transferring employees.
Good for a scare campaign in negotiations. I’ve not once heard or read this threat officially ever from any CEO or manager.
If you provide written evidence either put it up or shut up.
Most of it comes from gullible people who are fed fake rumours to aid a company negotiating position.