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Old 30th Jun 2022, 23:36
  #17 (permalink)  
Rhterrke Atnyeneteke
 
Join Date: Jan 2001
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Originally Posted by KRUSTY 34
Correct, but Clause 15.4 states that if you work in accordance with Clause 15.2(a) the following provisions will apply, including Clause 15.8(n)
Sure. But 15.3 Facilitative Provision says you can modify this, and 15.5 says it doesn't apply to a >2 pilot crew.

Furthermore you're conveniently ignored the elephant in the room by stopping reading 15.2 at 15.2(a)...(b) general or employer-specific exemptions to, or concessions under, the regulations approved by CASA from time to time; or
(c) a Fatigue Risk Management System (FRMS) that has been developed by the employer after consultation with the affected pilots and/or their representatives and approved by CASA to apply to particular employers and employees.So none of what you wrote re the 12 hour limit applies if B or C applies.....

Originally Posted by KRUSTY 34
So it doesn't matter if your FRMS (as in any other instrument) is gold plated or a turd rolled in sprinkles, if it requires you to work hours that are greater than the Award, it ain't legal for them to direct you to do it!

The FRMS in this case is irrelevant!
Your statement is not correct. 15(.2(c) skewers it straight through the heart.

I'm not trying to nit pick or belittle you, but I'd hate for someone to grab what you wrote as gospel and walk in to HR and throw their weight around and come off a bit worse for wear when they read past (a).
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