4 dogs
My understanding is this:
When an EBA is in place, the agreement provides that all people currently employed by the company at the effective date of the agreement and all new starts into the future of the EBA must be employed under the terms of that EBA. After all that is the purpose of having a collective agreement in the first place and that is what is envisaged by the Employment Legislation of this Country.
What Qantas, Jetstar and Cobham are all doing is suggesting that the EBA that is in force is restricted to one particular company (with an individual ABN) and have in all cases introduced a further legal entity, a 'sham' company if you like, which they believe are not bound to employ new employees on the EBA. The EBA is a legal document registered between the respective Union and a specific company although there are provisions that other company's will be covered by it.
The new Modern Award being offered to Cadets is being offered by a legal entity named 'Jetstar Group' and not Jetstar Airways Limited which is the signatory to the Jetstar Pilots Award 2008. The company are currently proceeding on the basis that they are correct and will continue to pursue this strategy until told by a court to stop. This is clearly not the intention of both of the parties to the agreement when it was executed.
If company's are allowed to set-up new entities and employ people in them to effectively set aside the EBA agreement then the whole of the provisions for the use of EBA's within the country's employment legislation will be in tatters
I hope this helps
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