CAO 48.1 Operators Breaching the Award
It's hardly breaking news that the protracted implementation of CAO 48.1 was due in no small part to the increasing influence of Industry. Initially hoped to provide enhanced protection against fatigue, it has devolved into a document worse than its predecessor! We now have situations where crew can be worked well in excess of the previous limits, and the onus for policing actual fatigue levels has fallen largely onto the individual, with all the associated pressures that can be brought to bear by some unscrupulous operators.
With commendable foresight the authors of the Air Pilots Award 2020 have included many of the protections of the former CAO48. One such inclusion (of which there are several) is what we all knew as the "12 hour rule" now to be found in the Air Pilots Award 2020 15.8 (n). Black and White! Under the old CAO48, bust 12 hours (of which you were forbidden to do so intentionally) and you are required to have at least 24 hours free from all duty. Now, under our "enhanced" Fatigue rules, you can legally bust 12 hours, and your duty free period is just 1.5 times the exceedance added to 12 hours! CAO48.1 8.2.
As we all know, an employer is not allowed to subject an employee to workplace conditions or practices that reduce to below the Award. This includes an EBA, a signed Workplace agreement, or any other instrument except the National Employment Standards (NES). I have been informed by a former colleague that his airline has stated that in accordance with CAO48.1, they can, and will, require them to perform duties up to 13.5 hours!
Know your rights everyone.