EA Update – Members Meeting Report Back
A big thank you to all members who took time out on a Sunday evening to meet the AFAP negotiating team along with Simon Lutton (Exec Director) and Chris Aikens (Industrial Officer).
The purpose of the meeting had been to provide members with an understanding as to why at the conclusion of the week-long conciliation in the Fair Work Commission (FWC) the AFAP negotiating team had provided an in-principle agreement to the proposal tabled by Qantas.
From the outset of the meeting the negotiating team detailed that we wanted the membership to have a factual understanding of the crossroads that was now faced and what options lay ahead. It was also explained that there still remain many unknowns ahead of us. In particular, the recent legislative changes around what could happen with intractable bargaining were discussed.
The following is a summary of the information provided by the negotiating team in the meeting:
- The proposal represented greater value than the previously offered and rejected EA, while it was recognised there was much debate surrounding ‘how much more value’.
- On the basis that the avenue of Intractable Bargaining (IB) was still unknown, the negotiating team wanted to give the pilots the option for a vote at this time.
- Many questions were asked about IB. As information based on precedent could not be supplied with this being new legislation and a current Victorian firefighters IB case was proving to be a test case on many matters and which still remained unresolved after 6 months.
- One thing was clear was that the currently proposed agreement would potentially not be the starting point for any IB. This has been made clear by an order of the FWC that if the proposed agreement is voted down, neither party can rely on it or the discussion held in conference in any potential hearings.
- On the basis that IB was still new it was a reasonable assumption that any conclusion to such a process would take many months.
- If an IB declaration was made PIA would have to cease.
- Members would not get an option to vote on an IB outcome – the arbitration is the outcome.
- Any IB outcome would not necessarily address back pay or sign-on bonuses.
- It remained unknown if the advancements made in the current proposal would remain as part of the IB process.
- Legal advice provided to the AFAP also indicated there were no guarantees to the FWC awarding a better result than the proposed agreement.
- If the proposed agreement was voted down the AFAP would continue to support the views of the membership and in all likelihood recommence PIA.
- While the company had been at pains to indicate that the sign-on bonuses were removed as part of this deal (due to PIA having been taken) the AFAP had received legal opinion that this would constitute adverse action. The AFAP are currently pursuing a similar case in relation to Jetstar (where the same thing happened) and would also seek opinion as to whether the Network members could rely on the Jetstar case, or whether the Network matter should also be pursued. Either way should the vote on the EA be positive AND the company follow through on their promise to withhold the sign-on bonuses, the AFAP would continue to fight the matter through the courts.
- The high AFAP density in Network (now over 90%) coupled with the soon to be established new Council in 2024, would mean the pilots would be better protected than ever before in ensuring ongoing adherence to whatever EA was finally voted on or enforced through the FWC.
Because of these variables detailed above the negotiating team felt that the best option would be to enable the pilot group to vote on the proposals achieved out of the week-long conciliation process.
The other option had been to continue the PIA and have the proposals removed from the table, which would then deny pilots the opportunity to vote on what had been achieved at the FWC. It was recognised that both options had both pro’s and cons but the most transparent option was enabling the vote and with the AFAP continuing to support the pilot group whatever the outcome.
If you have any question please engage with your representatives – as always in unity,
Stephen Maughan: smaughan@iinet.net.au
Cameron Mapley: Mappers@gmail.com
Ben Walmsley: ben.walms@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 also be contacted via Freecall 1300 307 912