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Old 31st Oct 2008, 13:39
  #38 (permalink)  
apache
 
Join Date: Jul 1999
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I am pretty sure that IF REX wrote "fair and reasonable amount of overtime" in it's EBA, then it would ALREADY be achieved by some of the duties it assigns.
OVERTIME.... by australian definition is anything over 8 hours per day OR 40 hours per week.
when pilots get rostered just ONE 11 hour day,per month, then I think that they are Deemed to have done the overtime that any court would expect to be a reasonable compliance with that. The fact that they are ALLOWED to roster duties in excess of 8 hours would MORE than make up for that one phrase!!!!
That phrase " fair and reasonable amount of overtime" in my opinion, has been ommitted from ALL Airline EBA's at managements request since Adam was a boy, due to CAO48 rules and requirements.
CAO48, whilst being the pilots friend, has also allowed for "flexiible rostering",which allows for the OCCASIONAL 11 hour day. It also ensures that when one IS rostered for an 11 hour ToD, that a pilot cannot be rostered for this ToD EVERY day!!!!!
THE GA EBA, and almost every other EBA allows that a pilot MAY work 11 hour days OCCASIONALLY, and thet they may also be rostered for 90 hours duty time per fortnight.... well in excess of the 80 required by law
I think that ANY airline challenging the " fair and equitable amount of overtime phrase will probably find that they will be up for millions of $$$$ in backpay for anyone who ever worked more than 80 (or 76) houirs per fortnight.
Anyone who worked LESS, will be deemed to have met the requirements due to the company publishing a roster.
I do NOT think that any airline would want this phrase brought against them.
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