Smile…The problem with any contract is it’s ambiguity. If it was black and white there would be no problems but with most, both parties can argue that they interpret a clause to mean two different things.
The clause you posted is a point in case..
“Clause 2.3- Dealing With Special Circumstances
Where special circumstances arise which have the capacity to impact on our business we may need to vary the terms of this Agreement.
Any such variation will be through the provision of a dispensation issued by an accredited representative of the FAAA. Any request for a dispensation will not be unresonably withheld where it is sought”
The first section alone is open to interpretation.What are special circumstances?
Basically, anything can be argued to affect or impact on the business.
Does than mean the cost of fuel going up and therefore their cost base is a special circumstance?
Does this mean they can increase your hours to raise productivity or give you less days off?
The best part though is the last sentence..A dispensation will not be unreasonably withheld…
What is the definition of the term unreasonable?
Whose definition is that?
What will probably happen if the crew and the company are at odds over who is being unreasonable?
Smile. Your last line “Sorry BV BOY but I cannot find the part of the clause that says Virgin can go ahead and do what they want if they don't get the dispensation”…… this contradicts that very last line of the clause that you posted.
In that clause they have just said that if they feel they have requested a reasonable variation it will not be withheld.
This is like an each way bet…”Here is your EBA HOWEVER…. IF something changes we want to be able to change your award.
If
VB are of the opinion that they are being denied a reasonable variation who is to argue?
I doubt crew are going to be able to argue in court against the legal team that
VB could assemble.