Commonwealth of Australia Bills
[Index]
[Search]
[Download]
[Related Items]
[Help]
This is a Bill, not an Act. For current law, see the Acts databases.
AIR NAVIGATION AND CIVIL AVIATION AMENDMENT (AIRCRAFT CREW) BILL 2011
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
i Air Navigation and Civil Aviation Amendment (Aircraft Crew) Bill 2011 No. , 2011
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
Air Navigation and Civil Aviation Amendment (Aircraft Crew) Bill 2011 No. , 2011 1
A Bill for an Act to amend the Air Navigation Act
1
1920 and the Civil Aviation Act 1988 in relation to
2
aircraft crew, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Air Navigation and Civil Aviation
6
Amendment (Aircraft Crew) Act 2011.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2 Air Navigation and Civil Aviation Amendment (Aircraft Crew) Bill 2011 No. ,
2011
1
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
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedule(s)
8
Each Act that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
13
Amendment of the Air Navigation Act 1920 Schedule 1
Air Navigation and Civil Aviation Amendment (Aircraft Crew) Bill 2011 No. , 2011
3
Schedule 1--Amendment of the Air Navigation
1
Act 1920
2
3
1 After section 16
4
Insert:
5
16A Australian international airlines to provide Australian
6
employment conditions
7
(1) This section applies to an international airline licence held by an
8
Australian international airline, whether issued before or after the
9
commencement of this section.
10
(2) It is a condition of a licence to which this section applies that the
11
holder of the licence must ensure that flight crew and cabin crew
12
working in connection with a scheduled international air service of
13
the holder of the licence, and who are not directly employed by the
14
holder of the licence, receive wages and conditions of employment
15
that are no less favourable than they would have received if they
16
had been directly employed by the holder of the licence.
17
(3) In this section:
18
Australian international airline means an international airline that
19
may be permitted to carry passengers or freight, or both passengers
20
and freight, under a bilateral arrangement as an airline designated
21
by Australia to operate a scheduled international air service.
22
conditions of employment include flight and duty time limitations.
23
16B Foreign subsidiaries of Australian airlines
24
(1) This section applies to an international airline licence held by a
25
person that is a subsidiary or associated entity (within the meaning
26
of the Corporations Act 2001) of an Australian airline, whether
27
issued before or after the commencement of this section.
28
(2) It is a condition of a licence to which this section applies that the
29
holder of the licence must ensure that flight crew and cabin crew
30
working in connection with a scheduled international air service of
31
Schedule 1 Amendment of the Air Navigation Act 1920
4 Air Navigation and Civil Aviation Amendment (Aircraft Crew) Bill 2011 No. ,
2011
the holder of the licence to or from Australia receive wages and
1
conditions of employment that are no less favourable than they
2
would have received if they had been directly employed by the
3
Australian airline.
4
(3) In this section:
5
Australian airline means:
6
(a) an Australian operator within the meaning of subsection
7
22(7) of the Civil Aviation Act 1988; or
8
(b) an airline, corporation or person prescribed by the
9
regulations.
10
conditions of employment include flight and duty time limitations.
11
12
Amendment of the Civil Aviation Act 1988 Schedule 2
Air Navigation and Civil Aviation Amendment (Aircraft Crew) Bill 2011 No. , 2011
5
Schedule 2--Amendment of the Civil Aviation
1
Act 1988
2
3
1 After section 28BI
4
Insert:
5
28BJ Airlines to provide Australian employment conditions
6
(1) This section applies to an AOC, whether issued before or after the
7
commencement of this section.
8
(2) It is a condition of an AOC to which this section applies that the
9
holder of the AOC must ensure that flight crew and cabin crew
10
working in connection with regular public transport operations of
11
the holder of the AOC, and who are not directly employed by the
12
holder of the AOC, receive wages and conditions of employment
13
that are no less favourable than they would have received if they
14
had been directly employed by the holder of the AOC.
15
(3) In this section:
16
conditions of employment include flight and duty time limitations.
17
2 Subsection 28C(1)
18
Omit "A", substitute "Subject to section 28CA, a".
19
3 After section 28C
20
Insert:
21
28CA New Zealand subsidiaries of Australian airlines
22
(1) This section applies to a New Zealand AOC with ANZA
23
privileges, whether issued before or after the commencement of
24
this section.
25
(2) If the holder of a New Zealand AOC with ANZA privileges is a
26
subsidiary or associated entity (within the meaning of the
27
Corporations Act 2001) of an Australian airline, the AOC does not
28
come into force for Australia under subsection 28C(1) unless and
29
Schedule 2 Amendment of the Civil Aviation Act 1988
6 Air Navigation and Civil Aviation Amendment (Aircraft Crew) Bill 2011 No. ,
2011
until the holder of the AOC ensures that flight crew and cabin crew
1
working in connection with regular public transport operations of
2
the holder of the AOC receive wages and conditions of
3
employment that are no less favourable than they would have
4
received if they had been directly employed by the Australian
5
airline.
6
(3) In this section:
7
Australian airline means:
8
(a) an Australian operator within the meaning of subsection
9
22(7); or
10
(b) an airline, corporation or person prescribed by the
11
regulations.
12