AFAP Important Update - Pilot Bargaining Rights- The NERR
The AFAP has written (and spoken to) Skippers Aviation CEO today, 5 August 2024 regarding the requirements as per the Fair Work Act 2009 (Cth) (FW Act) and Fair Work Regulations 2009 (Cth) (FW Regs), and role of the Fair Work Commission (FWC) in approving an Agreement.
The FW Act, s.174 requires your Notice of Employee Representational Rights (NERR) to be in a prescribed form that is provided in the FW Regs – this content can not be modified.
The NERR with statutory standing was provided to the pilots on 3 July 2024, this procedure commences bargaining for a proposed new agreement. This document was in the required prescribed form.
The AFAP have provided an update and outlined some of the next steps below.
Skippers Additional Documents?
- Skippers provided a new documentation on 1 August 2024, including information on the rights of representation, commentary and forms for notifying the employer.
- This documentation has no statutory standing.
- Skippers have been informed by correspondence form the AFAP.
- The documentation is not as per the requirements of s.174 of the FW Act.
Although this document is re-written, and mostly consistent, there are key points included below we encourage members read, and thereby refer to your rights as per the 3 July 2024 NERR.
Do I need to complete the forms attached to 1 August 2024?
- For AFAP members, there is no need to return any forms or nominate the AFAP as your bargaining representative.
- The laws provide that the AFAP is your default representative (automatic) and thereby the AFAP will represent your industrial interests.
- Also good to note that AFAP members are not required disclose your membership to the employer unless you chose to, or need to as part of legal/industrial/safety representation.
- Noting these steps for bargaining need to be consistent to our FW Act, such as alignment to your rights that an employer is not allowed to ask if you are a union member.
For individuals that want to be a bargaining representative, the AFAP position to the employer on this issue was as long as they communicate to the employer (whether on a form or via email, will all suffice).
What if I want to be more involved at the bargaining table?
- The AFAP would welcome pilot assistance at the bargaining table from an AFAP member, as an AFAP workplace representative.
- The AFAP can appoint a representative from AFAP members in the pilot group.
- Important note, you do not need to nominate as a bargaining representative to have a seat at the table but you can form part of an AFAP EB Team.
- This role assisting as an AFAP member attracts rights of General Protections as per the FW Act, and workplace representative rights to support and assist in your role.
- To nominate to assist at the bargaining table please contact the AFAP at Jason@afap.org.au.
Why is the NERR so important to a New Agreement?
- The NERR needs to be provided as per s.174 of the FW Act for a new agreement to be approved and become a legal document.
- The FWC must decide whether to approve a new agreement, and will explore the approach to the NERR.
- In other cases where an employer has provided additional material relating to the NERR the FWC refused to approve the new agreement (therefore rejecting the application and requiring all the parties to repeat all the procedural steps).
Next Steps – How We Get to A New Skippers EA
- The AFAP will draft an AFAP Log of claims and distribute to members for review before submission.
- It is planned this set of claims to be consistent and support pilot groups details, as well as looking into some of the changes in the Award to be updated.
- The AFAP after discussion with CEO, expect to engage during September 2024 -which will hopefully have all cards laid out by all parties by that time.
- The AFAP have also offered to assist the employer, by sharing responsibilities with drafting any changes and assisting to plan the supporting material.
If you have any queries, concerns, or would like to assist further please contact the AFAP on Jason@afap.org.au.
Yours sincerely,
The AFAP Industrial Team