EBA 7 CERTIFICATION
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION (AIRC) APPEAL
As previously advised, on May 10 2006, Commissioner Raffaelli of the Australian Industrial Relations Commission, certified your EBA 7 (FAAA Newsletter QF17-06). The Commissioner’s decision followed hearings on whether certain provisions (rostering) contained within your agreement were discriminatory to the extent that the agreement should not be certified.
As members would also be aware, post certification, a number of initiatives have been implemented including your wage increase back paid to 1 July 2005.
Unfortunately the Association has recently been notified that an appeal has been lodged challenging the decision of the Commissioner. The appeal to the AIRC has been filed by those representing the two flight attendants who originally intervened to stop the certification process.
Your Association is extremely disappointed that the matter is not concluded and there will once again be uncertainty regarding the status of the certification in particular the provisions dealing with rostering. However, as previously advised, your Association does not believe that the provisions discriminate illegally and we will take whatever steps are necessary to argue that the appeal should be rejected.
What happens now?
Notwithstanding the appeal, the Association and the Company are agreed that any new EBA 7 initiatives should still be progressively implemented.
The Association understands that members will be concerned with the uncertainty over this appeal in particular around their rostering arrangements. There is also considerable debate amongst the membership over the matter as to what’s really involved in the challenge. The AIRC was not and is not being asked to arbitrate on changes to the preferential bidding system. The challenge is mainly a technical and legal argument that the rostering provisions discriminate illegally on the grounds of gender (women) and family responsibilities.
Therefore, if the appeal is successful, no one should under estimate the potential consequences and impact on the allocation of work.
No date has been set for the appeal at this stage and members will be kept informed of any developments on this critically important matter.
Written and authorised by John Playford, Manager Industrial Relations and Darryl Watkins, Divisional Secretary.