Truck and flagellatedmonkey
If there are no takers for the based position all the way down the seniority list, then they are not breaking the contract by employing directly onto the base. You have to be eligible to take the base....1000hrs heavy plus other stuff. And you have to want it...so if all SOs fail to want it or meet the requirements, then they can employ directly onto the base.
In the mid 1990s they were doing a defacto form of this...they would technically employ an FO onto a HKG base but on his first day in the company he would apply for and be accepted for a european basing...why? Cause no other FOs wanted it and there were vacancies.
So there is NO problem with them recruiting directly onto a base. What was/is a problem is recruiting a Pax fleet FO. That is why there is bypass pay. Two different issues.
clear as mud?
PS that quote from the basings agreement...that was to prevent Veta/OABL et al from setting up ASL like subsidiary companies. Its intent was to ensure that all employees that join CX are on a common seniority list. That way all basings/promotions etc come down to DoJ. In our current situation, I assume the DEFO will be recruited by CX and then resign at the same time to join OABL etc.