The integration award was the award that allowed seamless transfer between two seperate agreements. It is very specific on how existing pilots (at the time the IA was written) will be treated in respect of redundancy, but it only provides pilots hired after it’s implementation with a brief sentence saying they are to be retrenched first. It doesn’t provide any specifics on what order those new hire pilots will be retrenched.
One could argue in court that the provisions between Q and A pilots in the IA should be applied to new hire pilots as well, which would mean all CR is quarantined to LH. One could also argue SH pilots cannot be bound by provisions of a LH EBA that they cannot vote on, unless it’s written those provisions specifically apply to them.
A court could determine that it is a grey area and the company and AIPA have to sort it out amongst themselves with something definitive.
IMO the overarching statement is the one saying “a pilots position becomes redundant” in the applicable EBA. As no SH pilots have been offered VR, then no SH pilot’s position has become redundant.
Agreement discussions notwithstanding don’t forget there’s also legal precedent in Australia for not applying seniority in redundancy (Kendell).
Last edited by dr dre; 12th Jul 2020 at 01:52.