33 Termination of Agreement
33.1 Either party may give notice to the other to terminate this Agreement after the expiry of the Term by giving six (6) months;’ written notice to the other.
33.2 If notice to terminate is given under clause 33.1 above, the parties agree to commence negotiations for a replacement Rostering Practices Agreement as soon as reasonably practicable. Such negotiations will comprise of a maximum six (6) separate negotiation sessions of three (3) days each and this schedule may be varied by mutual consent between the parties however it must be completed within the notice period.
33.3 In the event that the parties could not reach an agreement with regard to a replacement Rostering Practices Agreement after the negotiations set out in clause 33.2, the parties agree to participate in an alternative dispute resolution process (including but not limited to arbitration and mediation) presided by an agreed independent third party whose decision on the issue(s) in dispute will be final and binding. The parties will endeavour to agree on the mechanism and framework of the alternative dispute resolution process during the Term. Should the parties fail to reach an agreement on the mechanism and framework of the alternative dispute resolution process during the Term, this Agreement may be terminated in accordance with clause 33.1 and rostering practices will be in accordance with the then prevailing AFTLS. The terms of this Agreement will cease to be effective upon termination.
So Clause 33.2 says after 2019, company can cancel all RP agreements, refuse to negotiate and the end result is WE (company and AOA) agree the RP is the default AFTLS?
We will have no grounds for dispute because we agree that RP's are AFTLS!!!!
We won't even be able to take away O days then as we are doing now since we technically have an agreement !!!