Today AeroCare lost its third legal proceeding in a row, the latest being an appeal to the Federal Court which was an appeal about an appeal they’d lost to a Full Bench of the Fair Work Commission. Confused? Let us explain a little more clearly!
Rather than accepting the original umpires’ decision in the Fair Work Commission where AeroCare’s substandard EBA was rejected (after being challenged by the ASU), AeroCare decided to appeal that decision to a Full Bench of the Fair Work Commission and lost again!
AeroCare, unhappy with this outcome, decided to appeal again to the Federal Court this time, and again lost the appeal.
The original decision by Fair Work to refuse to approve the substandard AeroCare EBA has been backed up by a Full Bench of Fair Work and now the Federal Court.
Strike 3 but not yet out.
You would think after several decisions against them Aerocare would do the right thing, move on, and, simply pay workers what they are entitled to under the industry Award. You would think so right? Not AeroCare, they still have another application in the Federal Court where they’ll attempt to have the Airline Award reinterpreted.
AeroCare will attempt to argue that split shifts are allowable across the entire airline industry. The ASU intends to fight this attempt to undermine the wages and conditions of every worker in the airline industry.
All AeroCare needs to do is negotiate an EBA that doesn’t undercut the Award. Instead they run case after case that must be costing an absolute bomb that could be better spent on fair and reasonable terms and conditions for their employees rather than high priced lawyers.
The rules are broken.
AeroCare is a perfect example of why we need to “Change The Rules” to give workers a stronger voice without the exorbitant legal expenses required to run legal proceedings against employers doing the wrong thing.
The ASU will continue to fight employers such as AeroCare to ensure that there is a fair industry rate of pay and industry standard terms and conditions across the airline industry.