Originally Posted by
framer
The commission would not have to reach over into NZ law to determine that Qantas can’t use an overseas labour-hire company ( Jetconnect) to undercut the SH EBA. They would just have to determine that the work done by the labour-hire pilots ( wherever they are from) is the same work as is done by the pilots on the SH agreement.
Look at the legislation and the remedy available to the FWC. If a labour hire company is determined to be in breach of the Same Job, Same Pay rules, then the labour hire company (not the host of their employees) is issued with a Labour Hire Order that compels them to pay the same pay rate as the host (Qantas).
So tell me, how does Fair Work Australia issue an order to a New Zealand company, with New Zealand employees, based in New Zealand?
What can Fair Work do if JetConnect fail to comply? The legislation says they can issue a fine up to $187,000, but again, does the FWC have any jurisdiction to fine a company that is not in Australia?
I expect not but we’d need an employment lawyer to say for sure. Importantly, the compliance measures are levelled at the labour hire company, not the host (Qantas), so that makes it hard to force Qantas to stop using them.