Air Ace
I put this up to generate some debate and to brainstorn whether a case could be made to make New Zealand off-shoring uneconomical to the airlines thus encouraging employers to retain their crew on shore in Australia.
The point you make refers to satisfying conditions to maintain funding, clearly this does not occur in the aviation industry.
What you have to realise is that the case refers to the disability care sector and you will not be able to apply the specifics, what you can apply is the points of law.
The points of law are:
Definition of Work: Do some reasearch on the case yourself and find out what factors the courts took into account to decide whether essentially 'standby' was work such things as ability to socialise with friends, ability to drink alcohol, ability to go home and do the things you normally do when not working ie how is your personal freedom restricted. It is restricted because for an operational reason the employer does not want to get you home at night.
Application of the Minimum Wage Act: A requirement to be paid for all hours worked. 'wage averaging not allowed'.
When logging duty time are you physically or mentally carrying out tasks on behalf of the employer? Yes, so you are working and you are entitled to be paid for all hours worked.
Case said that averaging is not allowed, so if your pay is based upon flight hours they cannot get the duty hours around the flight hours for free. Including deadheading, sim training, admin, writing safety reports etc etc.
Go and see your union and ask them to look into this, they should provide a free legal service as part of your subscriptions.
Last edited by The Kelpie; 6th Mar 2011 at 23:41.