Virgin Blue flight cancellations.

[freddyKrueger]

SM4, excellent post. You have clearly annunciated the reasons why workchoices in its current form has a life expectancy of less than 250 days.
However, for pilots and others with a statutory license, things are slightly different, that being the words "Pilot In Command's discretion". No judge is going to determine when an ILS shall be logged, when an MEL should be accepted, or a first officer shall land the aircraft, fuel uplift, TOD extensions etc, etc.
These pages do not constitute a union directive.

[SM4 Pirate]

"Pilot In Command's discretion". No judge is going to determine when an ILS shall be logged, when an MEL should be accepted, or a first officer shall land the aircraft, fuel uplift, TOD extensions etc, etc.

FK, totally agreed, however, a vexatious employer could apply to the AIRC or the Federal court on the basis of illegal industrial action undertaken, with examples of 'non common work practises'; this could be applied to things like, turn around time averages, amounts of overtime worked (if relevant), average sick usage etc. This doesn't have to be organised etc. just imply that it is... Then on balance the AIRC/Court could then make a recommendation/determination etc.

Back in 1989 (I think, maybe 1990) the ATCs were advised (after refusing overtime shifts - work to rule) that 'reasonable overtime' was 1 shift (up to 8 hours) every fortnight; based on common work practises (which is what we were objecting to, ie not enough staff); ever since when faced with overtime we have been rostered one shift a fortnight whenever it was required under the 'previous ruling'. Things have recently shifted back to 'who wants to do the OT' but the employer can still impose the above if they choose.

[freddyKrueger]

Lets look at logging of an ILS. Is it normal practice to log one on a VMC day? Should the ceiling be at the minima or somewhere in between to constitute a valid ILS? Where appropriate procedures used? Every pilot would have their own interpretation of this as the CAO's are ambiguous. Remember, it is also a criminal act to falsify your logbook.

"11.4 The holder of a command instrument rating shall not carry out an ILS or LLZ approach in IMC as pilot in command of an aircraft unless, within the preceding 35 days, that person has performed in flight, or in a synthetic flight trainer approved for the purpose, either one of those approaches"

CAO 40.2.1

I'm not trying to split hairs with you, just point out that these are very nebulous concepts and would be EXCEEDINGLY difficult to codify in a legal environment.
I doubt operators would actually want this tested as they could end up with a permanent recency problem.
Further, operators taking action in the AIRC would validate the Australian publics perception about workchoices, that there is, in fact no choice for workers when the boss doesn't want to bargain in good faith.
This is just one scenario, think of the all the others where the word "discretion" appears in the documentation.

[notmyC150v2]

The main difficulty facing any employee participating in industrial action (as very broadly defined) is the steps that need to be taken for it to be protected.
1) There has to be a bargaining period in place. This takes a couple of weeks as you have to apply to the Commission and give the employer a notice period.
2) The person or organisation proposing the industrial action has to give the other party notice of their intent to apply to the AIRC for a ballot to authorise the industrial action. This notice must specify what action is going to be taken, when it will be taken and how long it will last. Anything outside of those parameters will never be protected.
3) The AIRC calls a hearing with the parties to decide whether to grant the order allowing the ballot. The employer can argue against the ballot on the basis of damage to the viability of the business or damage to the economy.
4) IF the ballot is unsuccessful industrial action will not be protected.
5) All industrial action taken must not be paid or heavy fines will result from Federal Court action pursued by the Office of Workplace Services.
So work to rule will be free work as previously stated.
Finally, if all flight crew decide to use their discretion in a similar way it will be open to the Federal Court (not the AIRC) to find collusive industrial action has taken place and impose fines accordingly. Big risk if you ask me because the Federal Court is made up of Judges who only read the legislation and interprete the written word so this outcome is far more likely than in the AIRC where the Commissioners were largely from a Workplace background and understood the workplace mentality.

[Ol Shep]

Advice received is same as NotmyC150v2, although in 1) as soon as the bargaining period notice is submitted to AIRC you can receive an official receipt number the same day you submit it. Once you notify the employer it becomes effective-I'm told this can all be done in same day.