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View Full Version : National Jet Systems (Cobham) Fined


flyingfox
14th Dec 2011, 02:48
Not much of a punishment, but point made! :ok:

National Jet Systems fined in Federal Court | oneperth.com.au | Perth news (http://www.oneperth.com.au/2011/12/14/pilots-vindicated-by-big-fine/)

Toolman101
15th Dec 2011, 00:34
Almost 5 years to get this resolved!!!!
Great court system :ugh:

Icarus2001
15th Dec 2011, 00:48
So a fine of $96K for underpaying pilots a total of $123.4K.

Corporate Australia really must be quaking in their boots.

How much was spent by them on defending the case?

How much did the taxpayer fork out to prosecute the case?

Will the defendant have to pay any costs?

Tenmen
15th Dec 2011, 22:33
Over the years I was there there were several instances of unethical behaviour by management, this is just another example.

Capt Claret
15th Dec 2011, 22:50
Cor blimey, the words unethical and management both in the one sentence. Who'd have thunk it, 'ey :{

ACT Crusader
16th Dec 2011, 21:10
So a fine of $96K for underpaying pilots a total of $123.4K.

Corporate Australia really must be quaking in their boots.

How much was spent by them on defending the case?

How much did the taxpayer fork out to prosecute the case?

Will the defendant have to pay any costs?

Are you saying the fine is not enough? Comparatively to other cases it seems to be on the hefty side, even though the employer seemed co-operative during the investigation - ie they repaid the $123K once the Fair Work Ombudsman got involved.

Underpayment of legal entitlements appears to be quite prevalent whether deliberate or oversight, so the courts have to send a message out somehow.

Also a reminder to all to keep on top of their own payslips and take a greater role in knowing if they are getting all that has been agreed to in a contract/agreement

Tankengine
17th Dec 2011, 01:01
If they happily paid up once FW Ombudsman was involved then why did it make it to federal court?:hmm::=
I reckon any fines don't work with companies - just gaol the CEO if the company has illegal dealing!:E:ok:

dodgybrothers
17th Dec 2011, 01:16
your logic is great Crusader. Going by that, provided shoplifters hand back what they stole, all is forgiven. Hope your'e not with the AG office there in CBR...

Icarus2001
17th Dec 2011, 03:41
Are you saying the fine is not enough? Comparatively to other cases it seems to be on the hefty side

Yes I am saying it is not enough. You believe it to be hefty. Amazing.

This was not a one off event. THIRTY THREE people were underpaid deliberately by their employer.

The message this sends to corporate Australia is if you are in a grey area or wish to try your luck with pay and conditions simply roll the dice and even if you lose the fine will be marginal in its effect on profits.

I believe the MAXIMUM fine is much higher, look it up. What about the argument that the fine should be for each EVENT. As it stands 96 divided by 33 is around $2900 per individual offence.

I believe the company spent much more than the 96 + 123 to defend the case, maybe that in itself may be the deterrent because the fine is not.

I reckon any fines don't work with companies - just gaol the CEO if the company has illegal dealing Just look at the Qantas freight fines. The CEO and managers are Teflon.

The company will simply view a fine as a cost of doing business. Just like insurance, electricity and wages.

T28D
17th Dec 2011, 08:43
The quantum of the fine may appear small in consideration of the effect on the individuals concerned.
But it does have a sting in its tail, it will have to be declared to all who fund the operation as it is a judgement against the company, some funders will not be charmed by the thought that the managers are prepared to break the law to further their career objectives, it will make ongoing funding more difficult.

Mr Leslie Chow
17th Dec 2011, 08:55
Was this the magnificent B scale?

I have a mate now working at Emirates who was ex NJS. Are the company or the FWO attempting to contact ex employees to give them the cash?

He would probably use it for beer money or buy a camel with it.

5 years hey - swift justice. :zzz:

Icarus2001
18th Dec 2011, 02:46
some funders will not be charmed by the thought that the managers are prepared to break the law to further their career objectives That assumes that there was no knowledge of the decision at board level. Plausable deniability anyone? "Go ahead and do it but we know nothing" Or the other way, get some "legal advice" that says that the plan is "legal" and hold that up as justification. The "legal advice" does not have to be revealled publicly so will not cause any grief. I believe that mangement in this case used that justification. "We were badly advised and made a mistake m'lord";)

cunninglinguist
18th Dec 2011, 22:44
I have a mate now working at Emirates who was ex NJS. Are the company or the FWO attempting to contact ex employees to give them the cash?

Mr chow, I can tell you first hand, that the oxygen thieving scum at Fair Work ( an oxymoron if ever there was one ) consider it " fair " that anyone who leaves NJS misses out on any such benefits.
That is to say that as long as :mad:s like National Joke keep your entitlements from you and then fight it until you resign, then that is apparently OK.

On the bright side, your mate and I no longer work for Nat Joke :ok:

AerocatS2A
18th Dec 2011, 23:15
Was this the magnificent B scale?
No, it was to do with missed CPI increases I believe.

Kelly Slater
18th Dec 2011, 23:25
"The Fair Work Ombudsman also alleged that company had breached workplace laws by applying duress to two pilots in an effort to pressure them into signing workplace agreements.

However, Magistrate Lucev dismissed this allegation, finding that while National Jet Systems had applied pressure to the two pilots, it did not amount to unlawful duress."

Looks more like this was about "Workchoice Legislation" than CPI increases. Perhaps the focus was lost somewhere during the case.

AerocatS2A
18th Dec 2011, 23:51
That was an additional charge ("also"). I wasn't there but my understanding is that the underpayment was to do with CPI increases not being paid.

The B scale is still in place so it wasn't that.

Tenmen
21st Dec 2011, 00:14
It's all a matter of trust, and this is not an isolated incident of wrongdoing by this management.

The question Cobham's customers will be asking is: 'if Cobham can't be trusted to honor their obligations to their staff - and demonstrably they cannot - then how can they be trusted to honor commercial agreements?

ebt
21st Dec 2011, 02:08
Tenmen - really? I don't think that Cobham's customers really give two hoots about how they treat their staff. As long as the aircraft is there when they agree it will be, and everything is up to the right standards of safety and operations they are happy. I don't see Qantas or Bristow/Chevron getting too excited about how Cobham treat their own staff.

bluefour
22nd Dec 2011, 11:57
having worked at NJS, I have seen first hand how management treat and relate to their staff, especially on this case of unpaid entitlements. Lets face it Airlines are now run by lawyers and accountants! the accountants cut cost to the bone, eroding terms and conditions and the lawyers determine if that the changes made are, at least, somewhat legal. The CEO controls the accountants and lawyers but also uses them as a sheild to protect his own arse. Just ask PN, ****s on his staff and takes a promotion to head of all cobham aviation worldwide. I met him once, A grade f#@kstick. If I meet him again I think I'll just hit the c#@t.

Mr Leslie Chow
23rd Dec 2011, 08:08
Post of the year bluefour.

Could not imagine if PN and AJ got together.....

Interpret that any way you want.

Merry Christmas all

ROO-C26B
23rd Dec 2011, 12:22
I too worked at NJS some time back. I feel so sorry for all the decent guys and girls whom are enslaved by their greedy CEO and his management team. All they only care about is how to fill up their pockets. Glad that I elected to move on when I have the chance. I now work for a company that truly value and listen to their employees. Without us as pilots non of these airlines will ever have a business. No companies nowadays really realize their most valuable assets are their employees and management treat us as their enemies, "SHAME". The whole management at NJS is run by a bunch of egotistical idiots included some of the senior C&T individuals whom hold no professional values and exhibit no professionalism.

flyingfox
24th Dec 2011, 05:03
Thankfully Roo, the C & T situation has improved markedly in the Regional Services area due to new leadership team. Overall management of Cobham remains unchanged and hostile.

gav_20022002
24th Dec 2011, 09:20
Im not to sure about he other branches of Cobham but im lead to believe things are not to happy around the Special Missions Department either. Apparently people are really starting to get annoyed and head out the door, HR stonewalled EBA negotiations even before the 1st meeting and with the expiry of the EBA in 1 weeks time. Becoming a really unhappy place to work...