RFDS Qld - Enterprise Agreement open for access period
As you are aware, the RFDS Qld has issued a proposed enterprise agreement together with explanatory material for the pilot body to access and review. At 0830 on Tuesday, 16 April 2024, voting on the agreement will open. You will have until 1200 on Thursday, 18 April 2024 to cast your vote.
The AFAP does not support the current deal, nor does it not support it. There are aspects of the proposed enterprise agreement which are a win for pilots, and aspects that we do not consider a win. However, the AFAP has encouraged the RFDS Qld to put the current deal out to vote so that you can have your say.
To be clear, the AFAP neither endorses nor opposes the current deal. It is a matter for you, the pilot group. It is your enterprise agreement.
All pilots who are entitled to vote should cast a vote. If you want to vote yes, you should cast a vote. If you want to vote no, you should cast a vote. If you do not cast a vote, it does not operate as a yes or a no vote.
You need to vote to have your say.
We have received many queries from pilots about what would happen should the agreement be voted down. In particular, what would arbitration look like, and what would be involved in that process. We describe this process in general terms as follows.
If the agreement gets voted down, it would be open for the RFDS Qld, the AFAP or any other bargaining representative to apply for what is known as an intractable bargaining declaration (
IB declaration), which can then lead to an intractable bargaining workplace determination (
IB workplace determination). The legislation governing IB declarations and IB workplace determinations is new legislation. It was introduced last year, and amended this year. Many of the new provisions are yet to be finally tested in the FWC or a Court.
The Fair Work Commission (FWC) would decide whether or not to make the IB declaration by deciding (1) whether there is no reasonable prospect of agreement being reached it the FWC does not make the IB declaration and (2) it is reasonable in all the circumstances to make the declaration, taking into account the views of all the bargaining representatives. As part of the EB declaration, the FWC can order that there is a post-declaration negotiating period (where further discussions can be held), however this is not mandatory.
If the FWC makes an IB declaration, the FWC must make an IB workplace determination as quickly as possible (or as quickly as possible after the post-declaration negotiating period, if there is one). This is the FWC arbitrating some or all of the terms of the enterprise agreement that will apply.
The first thing that the FWC will determine is what matters are still outstanding. That is, what matters have already been agreed by the parties, and what matters are still in issue. An agreed term includes a term that the bargaining representatives had agreed, at the time the application for the IB declaration was made, should be included in the agreement. These agreed terms are required to be included in the IB workplace determination and will not be the subject of arbitration.
Terms that are not agreed terms, because they are still in issue between the parties, will be arbitrated by the FWC. Apart from terms that deal with a wage increase, an arbitrated term dealing with a particular matter must be not be less favourable than a term of your current enterprise agreement that deals with that matter.
One would think that the determination of what terms have been agreed and what terms are still in issue would be a relatively simple matter. However, the IB declarations that have been made so far (and there have not been many as this is new legislation) have in some cases resulted in significant arguments between parties. Further, the determination of disputes over what has been agreed and what has not been agreed can take some time to be resolved by the FWC.
During bargaining, the AFAP has informed the RFDS Qld that the only matters it considers are still in dispute are wage increases and rostering related matters/flexibility. RFDS Qld has acknowledged the AFAP's views, but has not further commented on it. Nor has the RFDS Qld explicitly stated that all other matters are agreed, although the AFAP would consider at this stage that this is the case.
This legislation is new, so we are unsure how the FWC will approach terms still in issue. Many of the new provisions are untested. It is unclear how they will be approached.
The FWC is required to take into account range of factors when arbitrating, including the significance of arrangements or benefits in the current enterprise agreement to both the employers and the employees, the public interest and how productivity might be improved. the exercise will involve weighing up various interests, both supportive of and adverse to the interests of the employees (and, of course, the employers).
For those who are interested, the relevant parts of the Fair Work Act 2009 (Cth) can be accessed [
here] (for IB declarations) and [
here] (for IB workplace determinations).
If you have any questions about the above, or about the enterprise agreement that is currently before you please ask questions. Ask both us and the RFDS Qld. Ask questions in writing and get a response in writing. You need to ensure you are informed about what you are voting on.
If you have any questions, please contact James Mattner (
james@afap.org.au) or Andrew Molnar (
andrew@afap.org.au) by email or by calling (03) 9928 5737. Alternatively, please contact any of your bargaining representatives, who have done an outstanding job representing your interests.
Your AFAP Industrial Team