Workplace Determination – Final Submissions Are In
As of Monday, 7th July, all final submissions have now been lodged with the Fair Work Commission. That officially brings the formal submission stage of the Workplace Determination process to a close.
After the final hearing on Monday the 23rd of June, the Commission directed the company to provide the supporting data behind material they had submitted late on Friday the 20th of June. The AFAP lodged our response on Monday 30th June, including a detailed analysis of actual Network pilot rosters and a sixth witness statement from Chris Aikens.
In a rare turn of events, the company submitted its reply one day earlier than the FWC Directions. Given their pattern throughout this process, we were waiting for another requested extension. Instead, in what felt like a last-minute scramble to save face, they managed to deliver ahead of schedule.
Our submission holds firm on the key issue: the company’s proposal does not meet the Better Off Overall Test. Using real rosters and verified data, we showed that pilots regularly exceed the 38-hour threshold and that the proposed determination lacks the necessary safeguards to ensure those extra hours do not result in pay slipping below the Award.
In their reply, the company argues that BOOT should be assessed over a 12-month period and dismisses our week-by-week analysis as unrealistic. They also claim that we used inflated Award rates. That is simply not the case. Our figures are based on actual Network rosters, apply consistent Award references, and reflect the real working lives of the pilots covered by this agreement, not theoretical scenarios.
It is also worth mentioning that the company’s own data contained multiple zero-hour weeks, with no explanation as to why. These entries drag down their averages and distort the results. Once those weeks are removed, our analysis shows that the likelihood of pilots exceeding 38 hours jumps from one in five to closer to one in four, which only strengthens our case.
The Commission noted earlier this year that it was close to finalising a decision in April. With all submissions now in, we are hopeful a determination will be handed down sooner rather than later.
We know this process has been frustrating. It has dragged on far longer than anyone wanted, aided by the company clearly benefitting from these delays (making significant savings the longer it drags on). But we appreciate your patience, and we are proud of the strong, fact-based case we have presented on your behalf. Now, we wait.
In unity,
AFAP Network Aviation Pilot Council
Stephen Maughan:
smaughan@iinet.net.au
Ben Walmsley:
ben.walms@gmail.com
Joshua Sheldon:
Josh.b.sheldon@gmail.com
Sasha Leavy:
sasha_leavy@hotmail.com
Matt Atkinson:
matkinson209@gmail.com
Eman Zimmerman:
mano01@hotmail.com
Mark Levitt:
ml.network.pilotcouncil@outlook.com
Geoffrey Aro:
flyingaro@gmail.com
In addition, the AFAP Senior Industrial Officer Chris Aikens is contactable on
chris@afap.org.au. The AFAP Member Assistance Program (MAP) can be contacted via Freecall 1300 307 912. The AFAP website also advises of other welfare services at
https://www.afap.org.au/membership/member-articles/welfare-services