Contrary to popular belief, A NO VOTE DOES NOT MEAN VA PILOTS WILL AUTOMATICALLY GO TO THE AWARD! (I would have more sympathy if the new owners weren't raking in over $106 BILLION in annual revenue!!)
VA would need to make an application to Fair Work Commission (a lengthy and complicated process that will take years)! Further, the Fair Work Act sets a VERY HIGH BAR when it comes to terminating an EA, i.e:
- VA will need to satisfy that they have negotiated in good faith (perceived threats to drag its pilots back to the award if they vote NO are NOT in GOOD FAITH!!!);
- VA will need to show it's been involved in protracted negotiations with their employees, which has to be far beyond 2 years;
- VA must have been involved in multiple mediation sessions with the Fair Work Commission to try and resolve the impasse between them and their pilots; and
- VA MUST have a compelling case for operational change (e.g. they have no choice but to wind up the company, resulting in loss of jobs (they've just hired 88 pilots, during the lockdown!!)).
The Unions have rolled over and are now citing cases that are in stark contrast to what is happening at VA! VA pilots should call the Fair Work Commission or get some independent legal advice. Educate yourself before voting, don’t gamble away your long term livelihood. It is not in the best interests of Virgin to dissolve the EA (for a number of reasons) and they can’t threaten dragging you back to the Award if you vote NO. Call their bluff!