Workplace Determination – Reminders and Clarifications to Members
Your AFAP Pilot Council was somewhat dismayed that Network Aviation management yesterday circulated a Q&A document regarding the new workplace determination. Previously the management had assured the Council that prior to circulation of any such document that this would be run past the Council to ensure a joint understanding.
The recent promises of the local management did not eventuate and consequently the publication of yesterdays Q&A contained a number of errors which we shall detail below:
Duty Variation Allowance 9.27.11
Crucially the company do not make specific reference to clause 9.27.11 requiring the agreement of the pilot concerned for both an alternate duty outside the buffer period or an extension beyond two hours. The negotiations show that the clear position was that the pilot agreement was needed for both circumstances.
The company now believe that where a duty is extended beyond two hours agreement of the pilot is not needed. This is incorrect, as the clause put into practice what occurred under the old EA. As per the old practice the Council urge a commonsense approach that where the extension to duty occurs for unforeseen circumstance we would not expect agreement to be unreasonably refused. Where an extension occurs due to a decision by the company then the pilot can choose not to accept the extension that is greater than 2 hours.
On the basis there is a clear difference of opinion between the parties the AFAP will be initiating the disputes procedure in accordance with the new workplace determination
Duty Variation Allowance 9.27.13
The company state that payment for part of each hour is broken down to the minute. This was never agreed during negotiations and the expectation is that for each part of an hour worked the full hourly payment be received.
Assignment from Reserve 20.7
Despite the clause being silent the company assured us at the last Council Meeting that assignments to pilots on reserve will not commence beyond the reserve period. For example a reserve period of 0700 to 1500 will not have assigned a duty that commences at 1600.
Return of Service 9.16
While pilots entering into a type rating or command training from the date of the determination will be subject to the current Determination, your Council did raise with the company where pilots currently under a separate signed contract with Network regarding either the rate of repayment or the length of service required to served would not automatically have those previous contracts superseded by the new Determination.
Other potential Breaches
The Pilot Council reminds members to closely monitor compliance with Clause 20.7. Reports suggest the company may not be observing the requirement that no more than four shifts can be assigned in any seven-day period where three or more are late-night Flight Duty Periods (FDPs).
For clarity:
- A late-night FDP is one that includes more than 30 minutes between 2300 and 0530 local time.
- Reserves do not count toward this limit unless they are activated and become an FDP during the late-night window.
Example: An FDP commencing at 0459 or earlier counts as a late-night operation; an FDP commencing at 0500 does not. Please notify both the ROC and a Council member immediately if you encounter patterns that appear to breach this clause.
Overnight (9.27.6) & Incidental Allowances (9.27.9)
The Council has also had some approaches regarding the payment of these two allowances. This is just a continuation of the of the old EA where two rates were listed but where only one allowance was paid. That approach will continue with this determination, but the incidental allowance will increase with ATO directives issued during the life of this determination and will be paid as the higher rate.
Other Feedback
Noting that this new determination includes many new rules for pilots now contained within the one Agreement, the Council welcomes ongoing feedback and questions regarding specific clauses, to enable further briefs and advice to be circulated. When forwarding questions examples of either what you’ve encountered or potential scenarios would be useful.
Funeral Arrangements for Alan Keene
Further to the information circulated by the company, Alan’s family has shared with us details of his forthcoming funeral, which are below:
Date: Friday 26th September
Time: 1200 noon
Venue: Karrakatta Cemetery
The family has extended an invitation to any colleagues wanting to attend to join them at 11:45am at the gate to Karrakatta Cemetery to escort Alan’s coffin to the chapel for the service.
You are welcome to wear your pilot uniform if you so wish.
All who knew Alan and wish to attend are warmly welcome.
For crew who are not thinking of attending and comfortable to work on their RDO, please let the ROC know. If you are equally conformable to swap flights, please let the Base Team know. Hopefully, this will allow of increased attendance for those who want to be present.
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