Passed the airline interview now fund the type rating

[Tee Emm]

A question for the legal fraternity. An Australian airline offers a job on condition you pay for the type rating on their aircraft type. Another condition of employment is you must buy the type rating from the training provider in Australia nominated by your airline. You compare costs between the type rating in Australia and an overseas provider, and discover the overseas provider is half the cost - and is also CASA approved for licensing purposes. Is the Australian airline condition of employment (must use the local provider they nominate) a restriction of trade?

[Horatio Leafblower]

Another condition of employment is you must buy the type rating from the training provider in Australia nominated by your airline.

A condition of employment in this context is part of the bargain, ie: it is a part of the contract between the employer and the candidate.
They have offered to do X if you do Y. If you do Z instead, it is non-performance of your part of the contract and there are a range of remedies available to them.

I can see good reasons for the employer to require the training be done through a particular facility or trainer, and I am sure you can too.

I can't find anything in my old notes/texts that would give you the answer you want - sorry.

[Rich-Fine-Green]

TM:

It may be possible the nominated training provider is noted in the Company's Ops Manual for initial issue and recurrent training.

If that's the case, there is little chance of spinning this into a restriction of trade.

[Ted D Bear]

Don't think there's much you can do. The Trade Practices Act prohibits third line forcing - ie making it a condition of the supply of goods or services that you acquire goods or services from a third party - but without looking at it closely I don't think it will help because you are not being supplied goods or services by the airline.

[Jazzy78910]

From everything I keep reading, you shouldn't be paying for it in the first place...

[Rich-Fine-Green]

TM:

It's a tough decision to make;

However, you do not have to accept the job.

Apply for a position with a company that does not impose upfront conditions or pay etc. that's not to your liking.

That's better than starting a new job with a bad taste in your mouth.

[Kenny]

Tee Emm,

If your question is in relation to a job offer from VB, then you don't have to use their "training provider". You can do your endo in the US for around US$10k and then have it transfered from an FAA ATP to your CASA ATPL. The only problem with this is that by the time CASA have processed the paperwork, VB might not be able to offer you a new start date.

It's exactly the problem I had to deal with, recently.

[VH-VIN]

I have passed the airline interview, all I have to do now is pay for my rating and training and I have the job, We have done a great job of devaluing our profession, let’s not grizzle when conditions and pay are no good, it’s our own fault, not the airlines, they are just making the most of what we are all happy to do!!

Shouldn't have said that I suppose but had to get it off my chest!!!

[squidward]

You don't need an FAA atp to be able to transfer the type rating.

Ensure the US training provider is acceptable to CASA, then just give them the training file and test result, pay the fee, wait two weeks and the type rating will appear on your CASA license......

[Icarus53]

Question - if a candidate is offered a job who already holds the appropriate type rating, what do/have Virgin and Jetstar require(d) the candidate to do to commence employment?

If someone turned up with 1000+ hours on type, surely they are not forced to undergo training at their own cost by a specified provider? Are they offered a different contract?

If not, then it holds that the company does not enforce training by the particular provider.