Originally Posted by
ScepticalOptomist
That’s not how IR law works - can’t be stood down indefinitely- when the border opens up QF know they have to stand everybody up. They may choose to make some redundant, but stand them up they will...
So management have consistently stated that border openings are not the trigger for standing up all crew. Domestic borders have been open at various stages during this time and still stand downs have been enacted, even amongst crew solely flying within one state.
The Fair Work Ombudsman
has stated this:
Employers may be able to stand their employees down during the coronavirus outbreak for various reasons, including when there's a stoppage of work due to lack of supply for which the employer can't be held responsible.
I'm not saying this is how is should be. But this is what the powers that be are are saying. Management could change their mind and choose to stand up crew before there is useful work for all, but that's their decision to make. The ALAEA took management to the Federal Court over stand downs and lost, the Court finding stand downs were enacted due to
the collapse in passenger travel and concern that the effects of the COVID-19 pandemic would be sustained, in addition to movement restrictions.
Then when the border is opened it won't be fully open like in January 2020 immediately. There'll be restrictions on entry from some countries, vaccination requirements, possible isolation and testing requirements etc for several years that will be argued are preventing useful work outside of the company's control.
The new AIPA will probably challenge stand downs legally again, will they be successful? I wouldn't put my money on it.