RE CAE Flight Instructors: AFAP Member Update Sept 2024
Flight Instructor Conditions
The AFAP and CAE representative (lawyer from Irwell Law - previously Employsure) have continued exchange of correspondence regarding matters raised about Award and the suspected contraventions of the Fair Work Act in CAE Oxford.
The AFAP is continuing to pursue that members employed by CAE are subject to the safety net of the Award conditions. The summary of the progress of matters is updated below.
Training Matters
- The AFAP requested CAE agree to not seek any unlawful or unreasonable payment from pilots regarding training matters – CAE have refused to make an undertaken to comply with the Fair Work Act 2009 (Cth).
- The AFAP therefore suspect there are contraventions, and have requested CAE disclose all details of training bonds including the relative qualifications that are bonded (by a de-identified lists - both previous and current), as well as the disclosure of any payments made in relation to the training bonds.
Note As per previous updates the AFAP reiterate that pilots should not feel obliged to pay for the employers training costs (as per 13.2 of the Award, these are the employers responsibility). Where a training bond may be for training outside the scope of the Award, we suggest members seek advice and guidance form the AFAP.
Individual Flexibility Agreements & Award Payment Review
- CAE has conceded that the application of the IFA in the employment contract is in contravention of the Award.
- CAE has not conceded this represents coercion, which would be a contravention of general protections under the FW Act in addition to the Award contravention.
- The AFAP simply seek since CAE’s established the wrongdoing with purported IFA, that it makes sure no one was disadvantaged and underpaid due to this - which is fair and sensible.
- The AFAP has again requested CAE undertake some process to make sure they have not underpaid employees when doing the wrong thing.
Accident Insurance
- CAE has agreed to provide the AFAP a copy of their accident insurance policy – however this has not been received.
- The AFAP have reminded CAE of their commitment and requested this be provided with some urgency.
Loss of Licence Allowance
- CAE have confirmed the payment is a reimbursement of an expense.
- CAE confirmed they do not pay superannuation on top of this payment (as it is not ordinary earnings).
- However, CAE has not confirmed whether the payment was every taxed (therefore reduced) and the AFAP has again sought clarification.
The AFAP may require to review members records and documentation relating to these matters and further, with the approval of the Fair Work Commission we may also seek to review non-member records to determine the depth of the issues (therefore all relative information on all pilots) . We will provide updates in due course .
The AFAP have provided CAE until 24 September to provide further information and work on resolving the concerns raised.
The AFAP request members provide short update to Jason@afap.org.au on any changes (including positive changes) during August/September since the AFAP raised these issues, which will assist us in prioritising various matters.
If you require assistance or have any queries, please do not hesitate to reach out for assistance to AFAP via email to Industrial Officer, Jason Newell at Jason@afap.org.au.
Yours Sincerely,
The AFAP Industrial Team