In a recent court decision, Qantas and Australia's largest pilots' union, the Australian and International Pilots Association (AIPA), have both come out with a loss in their battle over the airline's decision to bypass senior pilots for prestigious roles flying the Airbus A380. Traditionally, jobs on the larger A380 are reserved for the most experienced pilots, with the airline operating a fleet of just 10 that service routes, including QF1 from Sydney to London via Singapore.
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However, both Qantas and AIPA turned to the Federal Court over a 2022 request from the Flying Kangaroo to instead assign 20 more junior second officers under training (SOT) to the double-decker aircraft. Due to feedback from AIPA members and the alleged unfairness of the request to bypass senior pilots, the union did not agree. The union added that to do so "would seriously disadvantage the bypassed pilots with no compensation offered, and thereby undermine the seniority system".
Dealing with Qantas' claim first, Justice Reuben Goodman noted the airline proposed putting SOTs into A380s due to "operational reasons" and it was open to it to make the request of AIPA. "I discern no unreasonableness in the manner in which the AIPA engaged with the 'operational considerations and restraints' advanced by Qantas," Justice Goodman determined. In the cross-claim, AIPA relied on two arguments, including a claim that one of the LHEA10's requirements is that allocation of SOTs could only occur upon the commencement of their training on the A380 aircraft. While the 20 SOTs did receive a written notice, Qantas set out they would be trained on the A380s with only a "view" to being allocated.
"If the AIPA's construction were correct, it would produce the result – unlikely to have been intended – that upon completion of induction training, a SOT will cease to be a SOT and become a second officer... and will be allocated...at a time when the SOT has not undertaken any aircraft type training," Justice Goodman said. This decision marks a significant loss for both Qantas and AIPA, highlighting the challenges of balancing operational needs with the established seniority system in the aviation industry. As the airline industry continues to navigate post-pandemic recovery, the tension between airlines and unions is likely to persist, with both sides seeking to protect their interests while ensuring the safe and efficient operation of flights.