AVA10010 AVIATION LEGAL & REGULATORY FRAMEWORK

Semester 1 2023

Individual Assignment
1. Background
This assignment requires you to select one of the topics from the list provided below.

2. General Information
Students are expected to research further than merely use content in lecture notes and/or materials
posted on Canvas.

The essay should be written using Microsoft Word (not Google docs), and a Swinburne
assignment template is available on Canvas (we strongly recommend that you use it to assist in
getting a good structure). The general format should be as follows.
• Title Page – containing the title to your essay, your name and student number
• Table of Contents
• List of Tables – if required
• List of Figures – if required
• Introduction – here you will introduce the essay and discuss the background on the airlines you
have studied
• Discussion – this will consist of subsections, each devoted to answering the list of questions from
your selected topic (Choose only one topic to answer)
• Conclusion – a summary of your findings
• Reference List – all work cited in the paper in alphabetical order
• Appendices – if required

Make sure that your essay structure provides for a narrative that links the sections together. It should not
simply be the answers to the choice of questions written one after the other. Make it look like an essay by
following the template.

NOTE: If appropriate to your questions, Covid corrupted statistics, or other data, etc. you may use pre or
post Covid figures but briefly explain which ones you are using in specific areas of your essay. If you wish
you may use some pre and post covid information for comparative purposes.
 Your essay should be around 1,000 words in length in total and be reasonably distributed among the
questions, but with a generic binding introduction and conclusion.
• You are more likely to exceed the word count than go under, so please plan your essay carefully
to include all the important parts of your research and analysis. There will be a penalty applied for
essays that are not within 20% of the word limit.
• The word count does not include any Tables of Contents, List of Figures, or list of References, or
any Appendices (if you wish to use them).

Important: Please see the marking rubric below and on Canvas and familiarise yourself with how the essay
will be marked.

Due: 23:59 Wednesday 3rd May 2023

3. Topics
Topic 1: Deregulation and its Impact
Deregulation outside of Australia (e.g., in the USA and Europe, or Asia, etc) has had a significant impact on
the global airline industry. Both Full-Service Carriers (FSC) and Low-Cost Carriers (LCC) have had vastly
different strategies and are now readjusting again post Covid-19.

For this topic, select an existing medium to large LCC or FSC based outside of Australia and address the
following:

• Did they exist pre-deregulation and what impact, challenges, opportunities and/or changes (e.g.,
fleet size or type, take-overs/mergers, etc) have upon them?
• With new ultra-long-range aircraft and the demise of the large 4 engine international aircraft, what
impact will that potentially have upon their route network and destinations and type of service
they provide and why?
• What are their key strategies regarding short, medium, and long-haul operations and are there
new destinations that are available for their operation and why?

Topic 2: Deregulation in Australia

In Australia, the government announced in October 1987 the deregulation of the airline industry to
take effect in 1990. The industry has changed significantly since then. The market has grown
despite major changes.
For this topic, select an existing or previous Australian airline (excluding Qantas) and address the following:

• Did they exist pre deregulation and what impact, challenges, opportunities and/or changes (e.g.,
fleet size or type, etc) have upon them?
• Describe which airlines have been taken them over or which they have taken over (or have there
been no change to their structure) and what their strategies were and have they changed since
deregulation?
• What changes have been made (or should have been made) to their aircraft fleet used for domestic
operations and how have they (or could they have) helped grow their operations?
Topic 3: NEW AOC Holder

Bonza has just entered the Australian airline market as a CASR Part 121 airline. Any other new
airline would need to go through a similar process.
Describe the process that any new airline would need to go through to obtain its CASA approval to
obtain an air operators’ certificate.
a) What did they need to do to obtain an AOC under the CASR’s?
b) What documentation needed to be developed regarding Manuals, Procedures, databases?
c) Were there any unexpected delays or specific issues that confronted them and how were
they resolved?
d) Outline the network structure, routes, aircraft types that it has selected to operate and
why?

Topic 4: Cabotage Rights

Cabotage rights are largely restricted in international air services trade to protect their national
carriers Under Article 7 of the Chicago Convention. While the majority of States have been
exercising protectionist approach, Chile has abolished its cabotage restriction in 1979 when the
Commercial Aviation Act was enacted.
Analyse the air transport market in Chile and address the following.
a) How did the entry of foreign carriers affect operations of the national airline in Chile?
b) What are the commercial benefits and challenges resulted from the opening of cabotage in
Chile?
c) What are the safety concerns associated with the opening of cabotage?
d) Would you recommend other countries to follow this approach? Give reasons for your
recommendation.

Topic 5: Industrial Impact on the Aviation Industry in Australia

This topic is to look at the impact and some legal aspects on Australian Aviation and needs to
evaluate one of the cases listed below to address the following.

a) What are the important facts or legal issues of the case?

b) Discuss the legal rights of workers with respect to the relevant law – both case law and
legislation.
c) Discuss the legal rights of the company with respect to the relevant law.
d) What is your conclusion based on the outcomes and requisite standard of proof?

Select from one of the following cases:

i) Qantas seeks to terminate flight attendant pay 2022
ii) The Pilots Dispute in Australia 1989
iii) Qantas Ground Handlers Dispute - Sept 2022
iv) Qantas shutdown - Oct 2011
v) Fair Work Gives Rex Pilots Green Light to Vote on Strike in June 2022
vi) Qantas Airways Ltd v Transport Workers’ Union of Australia [2022]
vii) Qantas industrial dispute with international pilots Jan 2013.
viii) Disputes by the ALAEA (e.g. Qantas and Jetstar engineers pay dispute 2022)
ix) An alternative separate acceptable case to the course convener.
Topic 6: Airline Ownership and Control

Airline industry is highly regulated and governed by foreign ownership and control rules unlike
other industries for national pride, safety, and security concerns. Thus, the nature of airline
business operations are shaped by ownership regulations in different operating environment.

For this topic, pick a flag carrier, and address the following.
a) What is the ownership structure of your chosen airline?
b) Evaluate the benefits and constraints that the airline have due to the ownership and
control rules.
c) Compare the operations of your chosen airline with a LCC operating in your selected
airline’s base region. Briefly discuss the differences in impacts of ownership and control
rules have on your selected flag carrier and LCC.

4. Writing, Word Count and Formatting Requirements

Please note your work should be written in an essay style.

Word count: 1000 words for each of the above topics with a leeway of no more than 10% over or
under (excluding figures, tables and references)

Your individual assignment must be submitted applying the following format rules.
• Font size: 12-point
• Line Spacing: 1.5
• Headings: Bold NOT underlined
• Justification: Left aligned
Failure to do so may result in a penalty of up to 10% of the available marks.

5. Submission
Your assignment is to be submitted through Canvas.