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Old 21st May 2007, 15:04
  #126 (permalink)  
Nepotisim
 
Join Date: Feb 2007
Location: Down Under
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Well here is the conclusion from the AIRC hearing........
One good, one unfortunate.
Lets see what M's next move is.
CONCLUSIONS
[41] I have considered all the matters raised by the parties and have concluded that, in all of circumstances, and for the reasons outlined above, that Qantas is not required to reinstate the 12 hour shift roster for all LAMEs at Perth Airport. When construed properly, nothing in cl 12 requires Qantas to implement any particular roster. Nor should the 1995 Agreement between the ALAEA and Qantas be seen as having the same effect. The 1995 Agreement gave the Company an option to facilitate the introduction of an extended hours roster. A roster involving more than eight ordinary hours requires Qantas to obtain the agreement of the ALAEA. A roster of eight hours as per the one in operation since November 2006 does not. None of the circumstances or arguments advanced on behalf of the ALAEA lead to the conclusion that the choice made by Qantas should be overturned.
[42] The Enterprise Agreement makes the working of extended hours rosters conditional on ALAEA agreement. When it became clear that the ALAEA had withdrawn its agreement to a 12 hour roster for DMMs, Qantas ceased to have the necessary condition in place to continue to roster DMMs on 12 hour shifts. The circumstances of the ALAEA withdrawal of their agreement are unfortunate. In my view the ALAEA has not acted responsibly. However I do not consider that it is appropriate to do otherwise than give effect to the wording adopted by the parties in their agreement. The parties should confer with the DMMs concerned and with each other as to roster arrangements to apply to DMMs from 1 July 2007.
BY THE COMMISSION:
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