FC
My understanding is that if an operator wishes to be bound by a particular award, then they become a signitory.
If the operator chooses no award, then the industrial relations court, can and will dertermine the most appropriate award for each employee group.
Therefore, it is not a matter of an operator not being a signitory, and avoiding any obligations for pay and conditions.
P.S. Which award is the new Ansett, and its regionals working under ??