Remuneration, Enterprise Agreement Bargaining Update
Several members have been in touch with the AFAP in the past fortnight, after receiving the letter (dated 15 August 2023) from Mr. Stefan Oechsner.
The AFAP is interested in several key statements that Mr. Oechsner made in that letter, including:
... we are currently analysing our competitors EBAs with the intention of seeking approval from the ASL Group for an increase in our pilot remuneration to better align with our direct competitors. We will keep the pilot group informed of our progress over the next few weeks.
Given that 2 weeks have now passed since that letter was provided to Pilots, the management of ASL Airlines Australia should presumably have 'good' news for all Pilots in the very near future.
Another significant statement in the letter was:
ASL Airlines Australia has multiple exciting growth opportunities that are currently being worked on for the Bae146, E190 and B738 fleets. However, these will not be achievable without the support of our pilots. In view of this, I would like to propose working towards a collective agreement before July 1, 2024. To begin the EBA process, flight crew representation will be required. Anyone interested, please contact Captain Ian Sharples.
The AFAP is certainly pleased that senior ASL Airlines Australia management have openly acknowledged that their goals will not be "... achievable without the support of our pilots". No doubt that you and your colleagues would fully agree with that statement. However, whether the company's actions actually match their words will only be made clear once the company announces the new remuneration rates, at some point in the coming weeks.
Further to that, given that the Mr. Oechsner clearly stated in the letter (as detailed above) that to begin the EBA process, any interested pilots who wanted to be involved in the negotiations should contact Captain Sharples, the AFAP subsequently wrote to Mr. Oechsner earlier this week. We explained in the letter that in accordance with section 173(3) of the Fair Work Act, once an employer agrees to bargain. or initiates bargaining, for an enterprise agreement (EA), they are obliged to issue a Notice of Representational Rights (NERR) as soon as practicable, and not later than 14 days after agreeing to bargaining, or initiating bargaining.
We asked for the company to send us a copy of any NERR that they had already issued, or were about to issue (to comply with the 14 day limitation specified in section 173(3)).
Unfortunately, the AFAP has not as yet received any response to that letter.
The distribution of a NERR by the company is critical in the bargaining process. That is because it clearly outlines a number of significant legal facts about the representation that each Pilot can have in the EA bargaining process. It makes clear, for example, that no AFAP member needs to nominate to Captain Sharples that they are interested in being involved in the bargaining process. Rather, the AFAP is automatically what is called in the FW Act a 'bargaining representative' in the negotiations. As part of that role, the AFAP will have discussions in the near future with all members to identify a 'team of members' who want to participate in the negotiations alongside AFAP staff. Unfortunately, under the FW Act, if an AFAP member has already nominated in writing to be involved in the negotiations after contacting Captain Sharples (as suggested), they can no longer be represented in the negotiations by the AFAP. In such a situation, if the AFAP member would prefer to be represented by the AFAP in the bargaining process, they will can rectify that issue by simply notifying Captain Sharples (or any other senior manager) in writing that they wish to immediately withdraw your previous nomination.
The AFAP notes that Pionair previously issued a NERR on 30 August 2021, as part of the process to start EA negotiations at that time. Following on from that, six bargaining meetings occurred, with the last one held on 4 February 2022. Unfortunately, very little tangible progress was made during that limited bargaining process.
In our letter to the company earlier this week, the AFAP outlined its view that the NERR from August 2021 is not valid for the current EA negotiations. That view is based on two distinct issues. Firstly that there had been a complete absence of bargaining for nearly 1.5 years (and a significant change to those in the Pilot group in that time). Secondly that Pionair had been purchased by another business identity (ASL) in that same period. It is critical that the company properly considers the AFAP's view, as an error in relation to issuing a valid NERR has previously led the Fair Work Commission to refuse to approve a large number of proposed enterprise agreements.
The AFAP is keen to discuss with you and other members both the upcoming EA bargaining process, along with the company's imminent response in relation to the potential remuneration increases. To that end, the AFAP is proposing to conduct several member meetings (by videoconference) next week.
To determine the best time to conduct such meetings, we ask that you and all members respond ASAP by email (to
james@afap.org.au) ASAP, listing 2-3 dates & times next week that you would be available to participate in such meetings. Once the AFAP has that data, we will identify the dates & times that suit the majority of members, and will notify you and other members accordingly of the details of the meetings.
Should you have any questions in the interim, please contact Senior Industrial Officer James Mattner by email -
james@afap.org.au - or by phone - 0477 001 817.