ACT.
The better off overall test is a separate matter in order for FWA to approve the enterprise agreement.
This clause relates to the basic rate of pay and provides that the enterprise agreement cannot stipulate a lower basic rate of pay than the modern award. If it does, the
Modern Award rate together with the appropriate additions to pay Will prevail.
Basic Rate of Pay is not one of the flexible provisions allowed within the Modern Award.
As we all know the JFO does not exist under the modern award and therefore under the award, by definition, they are just classified as a FO operating a narrow bodied jet.
There is a substantial difference between the rate in the jetstar EBA and the Modern Award that would be aplicable to the guys.
As always my legal interpretation.
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