Something for the Bar Room Barristers

[Greedy]

Say a pilot works Sun , Mon , Reserve at home Tue( and not called), works Wed ,Thur, Fri Sat and is due for day off Sun.
The crewing dept of the airline call on the morning of the Sunday day off and asks if the pilot can work that day. They say that CASA allows them to change the Tue reserve to a day off on the roster retrospectively. The pilot then works that day( the second Sunday)
Is this allowed under CAO 48.1 para 1.12 ?

[Checkboard]

No.



.. Apparently "No." is too short for PPRuNe.

[Creampuff]

But nobody has to comply with CAO 48. CAO 48 is a ‘law’ to which a ‘standard exemption’ is issued (so therefore isn’t really a law).

Symptomatic of ills in regulatory reform ….

[Valley of Hinnom]

Symptomatic of ills in regulatory reform …. Is that similar to 'ills of society'? And what regulatory reform?

[Greedy]

CAO 48 is written into our EBA as well as Operational Documents as procedures to be observed. Does this give them legal weight?

[Old Akro]

The EBA will almost certainly have some lawyers weasel words in it that mean that application of CAO 48 is not unequivocal. CASA have a whole spidersweb of exemptions that they issue. There would be a significant chance that your airline has some sort of exemption.

Basically, our system is that we get unworkable regulations that get made workable by CASA exemptions. If you have the energy, you could look here: http://www.comlaw.gov.au/Browse/Results/ByTitle/LegislativeInstruments/Current/CA/26/casa

The list is a bit scary. Can you image how many people in Canberra are engaged in all of this? Just because we can't make workable regulations.

The real question is, did you feel fit to fly on the Sunday? If yes, then the issue is an administrative one of whether they have cheated you out of a leave day. If the answer is no, then it might be an ombudsman / union issue.

[Old Akro]

I think that link is wrong. Its in here somewhere: Civil Aviation Safety Authority - Legislative and non-legislative instruments (http://www.casa.gov.au/scripts/nc.dll?WCMS:STANDARD::pc=PC_91055)

They used to publish an excel spreadsheet listing them all now. I guess that was too easy to understand.