Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the Air Navigation Act 1920 and the Civil Aviation Act 1988 in relation to aircraft crew, and for related purposes
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 18 Aug 2011
Introduced Senate 17 Aug 2011
Table of contents.

 

2010‑2011

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

Air Navigation and Civil Aviation Amendment (Aircraft Crew) Bill 2011

 

No.      , 2011

 

(Senator Xenophon)

 

 

 

A Bill for an Act to amend the Air Navigation Act 1920 and the Civil Aviation Act 1988 in relation to aircraft crew, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedule(s)......................................................................................... 2

Schedule 1—Amendment of the Air Navigation Act 1920                           3

Schedule 2—Amendment of the Civil Aviation Act 1988                              5

 


A Bill for an Act to amend the Air Navigation Act 1920 and the Civil Aviation Act 1988 in relation to aircraft crew, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Air Navigation and Civil Aviation Amendment (Aircraft Crew) Act 2011.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Schedules 1 and 2

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Amendment of the Air Navigation Act 1920

  

1  After section 16

Insert:

16A  Australian international airlines to provide Australian employment conditions

             (1)  This section applies to an international airline licence held by an Australian international airline, whether issued before or after the commencement of this section.

             (2)  It is a condition of a licence to which this section applies that the holder of the licence must ensure that flight crew and cabin crew working in connection with a scheduled international air service of the holder of the licence, and who are not directly employed by the holder of the licence, receive wages and conditions of employment that are no less favourable than they would have received if they had been directly employed by the holder of the licence.

             (3)  In this section:

Australian international airline means an international airline that may be permitted to carry passengers or freight, or both passengers and freight, under a bilateral arrangement as an airline designated by Australia to operate a scheduled international air service.

conditions of employment include flight and duty time limitations.

16B  Foreign subsidiaries of Australian airlines

             (1)  This section applies to an international airline licence held by a person that is a subsidiary or associated entity (within the meaning of the Corporations Act 2001) of an Australian airline, whether issued before or after the commencement of this section.

             (2)  It is a condition of a licence to which this section applies that the holder of the licence must ensure that flight crew and cabin crew working in connection with a scheduled international air service of the holder of the licence to or from Australia receive wages and conditions of employment that are no less favourable than they would have received if they had been directly employed by the Australian airline.

             (3)  In this section:

Australian airline means:

                     (a)  an Australian operator within the meaning of subsection 22(7) of the Civil Aviation Act 1988; or

                     (b)  an airline, corporation or person prescribed by the regulations.

conditions of employment include flight and duty time limitations.


 

Schedule 2Amendment of the Civil Aviation Act 1988

  

1  After section 28BI

Insert:

28BJ  Airlines to provide Australian employment conditions

             (1)  This section applies to an AOC, whether issued before or after the commencement of this section.

             (2)  It is a condition of an AOC to which this section applies that the holder of the AOC must ensure that flight crew and cabin crew working in connection with regular public transport operations of the holder of the AOC, and who are not directly employed by the holder of the AOC, receive wages and conditions of employment that are no less favourable than they would have received if they had been directly employed by the holder of the AOC.

             (3)  In this section:

conditions of employment include flight and duty time limitations.

2  Subsection 28C(1)

Omit “A”, substitute “Subject to section 28CA, a”.

3  After section 28C

Insert:

28CA  New Zealand subsidiaries of Australian airlines

             (1)  This section applies to a New Zealand AOC with ANZA privileges, whether issued before or after the commencement of this section.

             (2)  If the holder of a New Zealand AOC with ANZA privileges is a subsidiary or associated entity (within the meaning of the Corporations Act 2001) of an Australian airline, the AOC does not come into force for Australia under subsection 28C(1) unless and until the holder of the AOC ensures that flight crew and cabin crew working in connection with regular public transport operations of the holder of the AOC receive wages and conditions of employment that are no less favourable than they would have received if they had been directly employed by the Australian airline.

             (3)  In this section:

Australian airline means:

                     (a)  an Australian operator within the meaning of subsection 22(7); or

                     (b)  an airline, corporation or person prescribed by the regulations.