Workplace Determination Disputes Escalated
Your AFAP Pilot Council can confirm that following the publication of a number of FAQ’s from the company, regarding the new Workplace Determination, a dispute was escalated to the COO at the end of last week.
The dispute relates to the company’s position of the following WD clauses:
- 27.11 A Pilot will be paid a Duty Variation Allowance (DVA) when a Pilot accepts an alternate duty that is outside of the buffer period defined in clause 20.3.1 or a duty is delayed by more than two hours.
- 27.13 The DVA will be payable for each hour (or part of each hour) that the duty is outside of the buffer period.
The specific areas in dispute were that the documented intent of clause 9.27.11 was that any duty delays of greater than two hours needed the pilots agreement. In addition the company had unilaterally applied an interpretation to 9.27.13, whereby ‘part hours’ of duties were paid to the minute.
Members will have seen that the most recent FAQ issued by the company has now confirmed that in relation to clause 9.27.13, part hours worked will be paid to the ‘nearest hour’. Whilst an improvement to the previous interpretation this new approach does still not address what happens when an additional hour is encroached by less than 30 minutes.
The COO has still not formally responded to the AFAP regarding the dispute escalation and consequently these matters will soon be escalated to a formal dispute to the FWC.
What to do in the interim?
In relation to obtaining the pilots agreement to extend beyond two hours, the unilateral approach from the company to now reapply a new interpretation to this clause does not negate that fact that your agreement is required in any such instance. If the company merely issue you with a direction to operate beyond two hours members our encouraged to then respond by seeking that direction in writing as per the following WD clause.
- “9.3.1 If a Pilot requests, a verbal instruction shall be confirmed in writing to the Pilot no later than 96 hours after the verbal instructions are given.”
Until that written direction is received members should not undertake any duty extension not in compliance with the original intent of 9.27.11. Please ensure the details of these extensions and written directions are retained and forwarded to either your Council rep or the AFAP directly.
As always your AFAP Network Aviation Pilot Council are:
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