Is there a commonwealth law that explicitly states pilots for an airline must be provided with business class seating when available? If not it is part of an enterprise agreement which like the contract of carriage for passengers is yet another agreement. I suppose the real question is which agreement takes precedence here?
Section 4.7 of QF's
contract of carriage spells this out:
As we can see Qantas provides two potential remedies here.
First they can provide you with an appropriate refund of the fare difference. One thing that is unclear interpreting that language is how do they calculate that fare difference? Are they comparing a red e-deal price versus the premium cabin fare you paid for? Or are they looking at a Flex economy versus the Premium fare you paid? Also when are they making that fare difference calculation? If anything it should be at the time you made the booking on a revenue ticket since had you known business wouldn't be available for you, chances are you would have selected another fare. For frequent flyer awards, that is seems straight-forward except for the bit where passengers are travelling on multiple sectors in the award and the downgrade happened on one sector - how would that be calculated? For instance, if I flew MEL > SYD > SIN in J but MEL > SYD was downgraded. Would I receive a refund of the J award price for the MEL > SYD sector? Some might argue that is asking too much since QF considers the total distance in such itineraries so maybe it's a prorated discount.
Second they can accommodate you on some other flight. But the question then is under what terms? Is it simply the next flight that has a J seat available or are there restrictions on fare classes you need to rebooked into. If the latter, that is unfair since after all it was not your fault that you got bumped. It's also unclear whether accommodation would be made for hotels and meals if you have to overnight it due to this muck up. To give yet another example, suppose I was bumped off the MEL > LAX evening flight. Would QF arrange to get me to SYD to catch the morning flight out (providing accommodation at SYD)? Again unclear by the terms.
What we know about the law is that when companies don't spell out the terms it gives their agents more latitude in how they can handle customers. No doubt QF World Platinums and Platinum Ones will be given more leniency in the policy than Lifetime Bronze members. One way to address this is of course to take QF to court when they don't meet the terms they state to your satisfaction.
-RooFlyer88