Originally Posted by The Australian
Charter company in court battle
July 06, 2007
NATIONAL Jet Systems faces a five-day hearing in Perth in October, over allegations it underpaid pilots and forced two to sign workplace agreements.
The Adelaide aircraft charter company, which says it wants to resolve a dispute with 33 pilots it is accused of underpaying, has been taken to the Federal Court by the Office of Workplace Services.
The OWS has accused it of underpaying the pilots by a total of $65,130 and forcing two pilots to sign AWAs.
The company's lawyer, Harry Dixon, argued in a telephone link-up to the Perth court for a six- to eight-week adjournment so that NJS could pursue a dispute resolution process outlined in the pilots' AWAs.
"There is a significant prospect of the issues being substantially narrowed," Mr Dixon said.
The pilots' lawyer, Nick Ellery, said not all the pilots were still covered by AWAs.
The OWS also had the power to pursue the alleged AWA breach and seek penalties, even if the pilots did not wish to pursue the matter, Mr Ellery said.
Even if the pay issue was resolved, allegedly forcing two pilots to sign AWAs remained a serious breach, he said.
"Our allegation is the employer has committed duress," Mr Ellery said.
Magistrate Toni Lucev said he did not believe the court could order the pilots, even if their AWAs were binding, to follow the dispute resolution process.
But he gave National Jet more time, setting the matter down for a five-day hearing on October 15.
OWS said employers risked potentially significant penalties - up to $33,000 per breach of the Workplace Relations Act 1996.
National Jet Systems employs more than 800 people and provides contracted charter, freight and passenger operations to large civil and government organisations.
AAP