UPDATE - FTA Pilots Right to Bargain
The AFAP has not submitted the Majority Support Determination (MSD) to the Fair Work Commission and held off to review steps moving forward, the intention remains to get the best outcomes for AFAP members.
The AFAP formed an early view there is a majority vote across the whole pilot group – however this has been marginal above the 50% (so far - and survey remains open). The AFAP are concerned that that recent pilot turnover impacts the results of the FTA MSD Survey.
FTA wrote to the AFAP in response to our recent query whether they have (or will) commence bargaining - FTA has not commenced bargaining which was the purpose of our query. The FTA did ask many questions of the AFAP regarding the MSD process. The AFAP chose not to respond at this time, as the process undertaken would be addressed in an application for a Majority Support Determination (this application requires the Fair Work Commission to be satisfied on the process - not the employer).
What pilots will have learnt in this process to date, is there are a significant number of pilots that want to bargain with their employer – this is important to reflect on as a group when you get time to chat amongst yourselves – as this is positive that many pilots have began to learn more and exercise workplace rights they may not have done before.
There is still more time, and options as we move forward.
NEXT STEPS FTA MSD SURVEY - FTA Pilots Right to Bargain
The current approach continues to focus on a potential increase and support of the current MSD – that this large group of pilots that support the MSD we ask you to provide this update to all FTA pilots.
All FTA Pilots that are yet to complete FTA MSD survey can do so via the link below, it continues to remain open.
FTA MSD Bargaining Survey Remains Open
Online Survey - FTA MSD Bargaining Survey 2023
Weblink: https://afap.questionpro.com/FTAMSD
Review of the Steps
Step 1 - The AFAP information sessions and the FTA MSD FAQ document - Complete
Step 2 - AFAP MSD Online Survey - Pilots current task is to complete survey and share survey link to other pilots – Continues Open for Pilots to Complete.
Step 3 - Aim is to reach a majority support followed by FWC application - Current steps to extend into Sept 2023
Step 4 (If required) – Consider alternate options.
What Happens if the FTA Survey does Not Have a Majority?
Nothing, the status quo continues so nothing to lose. Already, many pilots have learnt important information about collective and workplace rights. There are still other options, keep organising as a group to work collectively, alternatively move towards a Plan B or C.
If necessary, a Plan B to review process and look at multiple pilot groups, i.e. consider each base for separate agreements (i.e. to have a Qld Agreement & SA Agreement).
There is also a potential Plan C to explore the option for a broader flight instructor multi-employer enterprise agreement (longer process), which would include FTA pilots.
Can an Enterprise Agreement Disadvantage Me?
The AFAP has promoted the pilots group rights to consider whether they want to commence bargaining under the Fair Work Act 2009 (Cth).
Enterprise bargaining is an important workplace right– as noted below on the breadth of Agreements in the industry this information will be important for you now or in the future either way.
The AFAP ask that the pilot group be wary of any misrepresentation throughout the process – simply it is not lawful to misrepresent a workplace right including participation in a majority support process by a bargaining representative (i.e. the AFAP).
It is not appropriate commentary that an enterprise agreement may leave the pilot group worse off, or result to leave you with restricted conditions or restricted flexibility (compared to the Award).
To clear up matters. No, you can not be worse off by an enterprise agreement. The Fair Work Act 2009 (Cth) requires a negotiated enterprise agreement to be subjected to the following statute conditions,
- A Better Off Overall Test (BOOT, in comparison to the Air Pilots Award) for all employees in scope of the agreement.
- Genuine Agreement Principles (a legal instrument with range of considerations under the Act).
- Ongoing protections (the Re-BOOT) in the case conditions were to full behind the Award, the Act includes a process to address this.
Pilots Groups Covered by Enterprise Agreements in Australia
In the Australian aviation industry, currently thousands of pilots enjoy the benefit of their wages and conditions provided in more than 50 Enterprise Agreements – these Agreements provide tailored conditions specific to the operator and the air pilots employed (includes rotary and fixed wing).
These conditions have been negotiated by the AFAP and members to collectively worked together to improve pilot’s conditions across the industry, and everyone plays a role in developing this broad network of conditions.
FTA is promoted as a mature and global organisation (which we do not disagree), and currently FTA has other agreements with other occupational groups (but not pilots). There are limited reasons why FTA should not join over 50 operators in having tailored conditions for its pilot group.
FTA Pilot Group – Why to Join the AFAP
Existing AFAP members are encouraged to share this information with the rest of the pilot group to help organise for a strong collective group to support potential future bargaining.
Thousands of pilots are members with the AFAP for the support and assistance, many pilots join the AFAP for both individual and collective reasons that are on offer.
AFAP members benefit from a broad range of support over their career, including the following,
- Legal and industrial services,
- Safety & technical support and advocation,
- Welfare support and services,
- Exclusive access to MBF (Loss of Licence Insurance)
- Advocacy for fair and safe working conditions across industry
- Unique opportunities to be involved in committees, events, networking, and training.
The exclusive access to the MBF is an important consideration also, often people have insurance for a car (average value $40k) but have not insured their career in aviation worth considerably more – consider the investment in the career and the Award conditions for loss of licence below.
Note AFAP membership fees are also tax deductible work expenses that you can claim during tax time.
Further Examples of AFAP Support
Discussions with other flight instructors, indicated the following benefits had been of assistance to them during their career which may be relevant to some of the pilot group,
- When offered new employment, the AFAP assists with advice and guidance regarding the proposed employment contract and information about the operator.
- When leaving a role was able to get assistance and guidance from the AFAP with issues relating to training bond from my previous employer (what may be required to pay in accordance with the Award).
- As above, the AFAP provided support with enterprise bargaining and rights under the Act.
- Access to the Loss of Licence Insurance from the AAPMBF is offered to AFAP members exclusively. The Air Pilots Award 2020 provides your right to be reimbursed for loss of licence insurance up to $2,364 per annum.
- AFAP members are able to access the AFAP 24/7 Accident and Incident Helpline, including professional support and services to support during and post event.
- Training and education services are offered to AFAP members to support you develop your understanding of aviation safety, legal obligations and industrial conditions.
- AFAP programs may also support your career development, currently we are growing pilot engagement in the Resilient Pilot Program (includes pilots in various stages of their careers).
Visit AFAP website https://www.afap.org.au/membership/services for further information.
In early September the AFAP will review further if there has been increase in the FTA MSD Survey and support to commence bargaining. From there, we will discuss with members the position and your views on all options moving forward.
Should you have any queries, or concerns, or like to discuss please contact AFAP Industrial Officer Jason Newell on email, Jason@afap.org.au.
Kind regards,
AFAP Industrial Team