Originally Posted by
Wingspar
This is the whole point!
The Federal Court has defined the issue.
Satisfy those points, at some stage, and I would suggest you have demonstrated stand down is no longer justified.
I agree Doc, that was definitive but caveat, Keg pointed out I agree a pandemic needs to be over. See points 3&4.
It may not be just as simple as a border opening. They could point to a DFAT travel advice of “Exercise a High Degree of Caution” for any nation in relation to the pandemic.
You could also point to domestic borders, they’ll be open within a few months but an ending of stand downs is not being considered in short haul until all short haul crew are expected to working full time.
Similar are regional crew who only fly within a state but have also been stood down at times.
I basically wouldn’t be counting on any legal case to overturn stand down provisions. If they were then I suppose a mass RIN and potentially CR would occur, which would be at considerable cost for the company, especially with additional retraining required for pilots who’ve not been current for a considerable time. FWA has indicated they’ll be doing all they can to give businesses flexibility to thrive during this period of economic decline. I don’t think they’ll be too concerned about matters of seniority.
So that’s my Bush lawyering opinion, could be totally wrong, who knows. I would still predict the time for any legal challenge would be post international border re-opening, but even then it wouldn’t be flung wide open as it was in 2019, there’ll still be varying levels of restrictions, health checks, quarantines etc for years ahead.