VARA EA Update – Negotiations at a Crossroads
The AFAP through our pilot representative Paul Alexander and Senior Legal/ Industrial Officer Pat Larkins have attended numerous meetings both with VARA and SALPA and the TWU representatives to seek improvements for members over the past weeks. An intensive period of bargaining as we come to the pointy end of negotiations is normal. The AFAP thanks members for their patience as we pushed VARA to reach agreement on a new EA.
The primary focus of discussions has been on remuneration and restoring VARA pilots incomes after the variation of the EA during the pandemic. We have repeatedly highlighted that the economic conditions we are in (high inflation economy and competitive market place for pilots) need to be accounted for in the package.
We have reached the point where VARA has advised that it has put forward its best and final offer. The details of the VARA offer are available
here.
We met with VARA last week and advised that following discussions with members we do not believe the package will be supported by the A320 pilots. Given the pilot numbers on each fleet this would result in a no vote overall.
VARA in response acknowledged the changed market conditions and impact on pilot’s expectations, particularly driven by Network negotiations (see below). The AFAP also highlighted that VAA Narrow Body negotiations are now open and B737 pilots are seeking a significantly improved package. Essentially, we advised that we cannot ignore that pilots are in high demand worldwide (as well as within WA) and expectations on terms and conditions are higher as a result.
The AFAP position put to VARA was that the parties recognise that we face a no vote (which will mean a lot of wasted time and resources for everyone) and rather than continue down that path we look at coming to an alternate solution that will have the support of VARA pilots. We proposed that VARA consider moving the A320 pilots onto the equivalent terms to those on offer for F100/B737 pilots at VARA which are tethered to the VA Narrow Body package.
Despite our feedback, VARA believes that pilots should bank what is on offer (including the backpay), given it is a short-term EA with an expiry date of June 30, 2024 and the parties will be back negotiating early next year.
VARA advised that it intends to run roadshows in the coming weeks to take direct feedback from pilots on the proposed package. We invite members to attend and provide direct feedback having considered the package on offer (see above). Members wishing to provide feedback can also write to the AFAP on the details below and we will be happy to share with VARA (de-identified).
VARA has the discretion to put the document out to vote, and then ultimately any decision to approve the agreement will rest with the pilot group.
Network Negotiations
We understand the significant interest amongst our VARA members regarding the ongoing bargaining at Network. As pilots will be aware the AFAP Network members (numbering 225 of the approx. 250 Network Aviation pilots) have exercised their right to take Protected Industrial Action (“PIA”) in the form of a 24 hour stoppage of all work last Wednesday.
In order to take PIA, the AFAP had applied for and had approved by the Fair Work Commission (“FWC”) a Protected Action Ballot Order (PABO) which required we demonstrate we are bargaining in good faith. The PABO was issued by the FWC on 1 September.
A PABO involves having members of the AFAP vote to approved types of PIA. Each Pilot is asked to approve the type of action with a Yes or No answer. Each type of action must be supported by 50% of members eligible to vote.
While individual identities are not known, the total number of AFAP members that are eligible to participate and the number that vote for each type of action is provided to the Employer and the AFAP. Membership density and participation and support for each type of action is therefore critical. The PABO closed on 26 September and all but one AFAP member voted and 99% voted for action demonstrating the clear resolve of the pilots for PIA if Qantas would not offer a better deal.
Once the results are declared this provides a lawful right for AFAP members to take Protected Industrial Action (PIA), by providing 3 days’ notice. PIA allows pilots to take the specified industrial action and not have their employment terminated or risk civil penalties.
Unfortunately, despite joint negotiations occurring for a large part of negotiations, AIPA and the TWU have not elected to apply for a PABO and their members do not have the option to participate in PIA. They can join the AFAP at any time and participate in future PIA if they wish.
Further both AIPA and the TWU have decided to continue assisting Qantas in drafting the EA that is now our for vote despite the AFAP representing 90% of the pilot group.
Prior to the 24 hour stop work last week on Wednesday 4 October, the AFAP proposed that no further PIA would be notified if Network agreed to meet with the AFAP. The meeting has been set for this week however Qantas has still elected to proceed with putting the unsupported document out to vote over the weekend (this is essentially the same document that was withdrawn on the eve of the vote on 27 September).
Finally, NJS has agreed to supply two B717s to Network and asked for volunteers from pilots. The AFAP NJS pilot representatives have issued comms to our members urging them not volunteer for this strike breaking tactic.
As we have discussed previously, PIA is a tool available when all other options have been exhausted. The AFAP Network pilot representatives and legal staff will continue looking for ways to find agreement without needing to take further PIA. However the hostile conduct of Qantas has only exacerbated the situation rather than getting in the room to negotiate.
We have sent our support from AFAP members at VARA for the Network pilots and we hope they have success in reaching a fair and reasonable agreement.
AFAP pilot representative Paul Alexander is on hand if you have any questions regarding above. Alternatively, you can contact AFAP Senior industrial/ Legal Officer Pat Larkins (
patrick@afap.org.au), or call (03) 9928 5737.
Regards,
AFAP VARA Negotiating Team
Paul Alexander
Pat Larkins – Senior Legal/ Industrial Officer
Simon Lutton – Executive Director