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Australian labour laws

Old 3rd Apr 2020, 06:40
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Australian labour laws

Hypothetically, if an airline is stood down/hibernating for a period of say 4 months, what is to stop that airline forcing its staff onto a lower contract upon resumption of operations?
Blitzkrieger is offline  
Old 3rd Apr 2020, 07:16
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If employed under an EBA they are stood down iaw with that document. They can't just alter your conditions in that contract arbitrarily. even if an EBA expires prevailing conditions should apply until another EBA is agreed upon.
ampclamp is offline  
Old 3rd Apr 2020, 09:20
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Originally Posted by ampclamp View Post
If employed under an EBA they are stood down iaw with that document. They can't just alter your conditions in that contract arbitrarily. even if an EBA expires prevailing conditions should apply until another EBA is agreed upon.

True, but nothing to stop them applying to FWA and having the EBA terminated and reverting to the appropriate award, as happened to the coal workers down Collie way (WA, former Griffin Coal) resulting in 30 -40% pay cuts. Likely to be successful? Most likely not, but always a possibility.

"The FWC has agreed to an application by the Griffin Coal Mining Company in Collie, Western Australia, to terminate the existing maintenance agreement, which covers around 70 workers.The maintenance workers will have their contracts revert to award conditions and, under the Black Coal Award, earn around $50,000 a year less."

https://www.abc.net.au/news/2016-06-...ay-cut/7503584
exfocx is offline  
Old 3rd Apr 2020, 12:34
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Seperately question, whats to stop them putting pilots on 'stand down' indefinitely. No redundancy, no nothing. Would that be a cheeky way to avoid paying out?
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Old 3rd Apr 2020, 14:15
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Originally Posted by das Uber Soldat View Post
Seperately question, whats to stop them putting pilots on 'stand down' indefinitely. No redundancy, no nothing. Would that be a cheeky way to avoid paying out?
It would probably qualify as constructive dismissal and you could lodge a claim for unfair dismissal through Fair Work Australia.
CamelSquadron is offline  
Old 3rd Apr 2020, 16:43
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WTAF is wrong with pilots????? Here we are, pilots, giving management ideas.​​​​​​​​​​​​​​​​​​​​​:ug h:​​​​​​​​​​​​​​

​​​​​​​Haven't we got enough to be worried about, FFS?

Talk about misery loving company. ​​​​​​​
Oriana is offline  
Old 3rd Apr 2020, 21:28
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Relax

I am reasonably confident a companies HR department would have thought of all these ideas long before people decide to post on PPRuNe. I doubt they troll through PPRuNe looking for suggestions on how to get around IR law.
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Old 4th Apr 2020, 02:23
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Tiger Pilots

This whole business is a sh!te sandwich that’s for sure, but does the Tiger EBA provide for a common date of joining list across the VA group?

Probably a moot point given the dire financials of the parent. It wouldn’t be the first time redundant employees have had their rights swept away in the name of the greater good.

Anyone remember the Kendall RJ Pilots?
KRUSTY 34 is offline  
Old 4th Apr 2020, 04:19
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The Tigerair EBA does allow for redundant pilots to keep their place on the Tigerair seniority list for 5 years. It does not mention the greater group seniority list, and isn't written with redundancy of the whole pilot corps in mind.

Few VA Group pilots would bemoan the TT pilots keeping their place on the GDOJ list, in the unlikely event it's worth anything. For that you'd need VA to exist and hire pilots again.
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