Developments in Recent Days
Since the AFAP 's last Update only a few days ago, there has been a number of significant developments in the various current enterprise agreement negotiations with the Alliance Group, that all AFAP members need to know about.
Queensland
On Monday afternoon (25/11), the AFAP applied for a Protected Industrial Action (PIA) ballot on behalf of all Queensland members (as did the TWU).
In response, Alliance Group management did NOT choose to challenge either application.
Consequently, in a decision handed down yesterday afternoon, the Fair Work Commission (FWC) approved both the AFAP's and the TWU's applications. At this point, the exact timing of when the PIA ballot will actually commence in Queensland is still unknown, but the expected start date will definitely be sometime next week. Once the exact date is determined in coming days, you can expect a further AFAP update.
Importantly, the decision by the FWC to approve the Queensland applications now leads to a mandatory conciliation phase between the AFAP, TWU and Alliance Group management. This comes about because of a relatively recent change to the Fair Work Act 2009, that requires the FWC to conduct one of more meetings to see whether some agreed settlement can be achieved between all parties, to remove the need for the PIA.
Late yesterday, the Commission notified the AFAP, TWU and the Alliance Group that the required conciliation conference would be conducted this Friday afternoon (29/11), but Alliance management has subsequently asked that the meeting be delayed until Monday (2/12). We are likely to find out from the FWC their final decision on the timing of that conciliation conference sometime later this morning.
Importantly, all AFAP members should understand that in any such conciliation conferences, the role of the Commission member is not to make a binding ruling on what conditions should be included in the draft enterprise agreement, and those that should not. Rather, the Commission member is there to assist all parties to try to find solutions, where possible, to the various EA items that are still not yet agreed upon.
The AFAP will be keen to see what may eventuates from that particular process, particularly since Alliance Group management have steadfastly rejected multiple proposals time and again, from both the AFAP and TWU, all through the last eighteen months of the negotiation process.
South Australia
As we reported to you and your colleagues late last week, a PIA ballot has already been approved by the FWC in relation to the South Australian EA negotiations.
Importantly the ballot starts later today (27/11). Yes, today!!!
Early this morning all AFAP members in South Australia should receive an email from the independent ballot operator, giving information about how the ballot will be run. The ballot will then officially open later today.
Critically, the AFAP asks every member in South Australia to vote "YES" to each and every one of the eleven (11) PIA actions listed in the ballot.
Why?
Because voting "YES" to each and every one of the eleven PIA actions gives you and your colleagues a significant opportunity to successfully apply pressure to Alliance Group management, in a variety of ways, to ensure that significant improvements are made to their most recent offer regarding pay and conditions.
The AFAP would note that taking PIA recently certainly helped LAME staff in Queensland! Despite some dire predictions at the time, Alliance Group has somehow managed apparently to keep operations occurring as normal, ever since.
In the meantime, the AFAP also contacted the FWC late yesterday, trying to find out when the FWC intended to conduct the compulsory PIA conciliation conference in South Australia. At this point, the AFAP believes that the conference must be held before 4 December 2024, as that is the date that the South Australian PIA ballot is due to close.
Once we have that news, we will provide an update.
In the meantime, there are two further important matters that need to be raised about the current EA negotiations in South Australia, namely:
- the proposal for certain Alliance Group managers to conduct one-on one meetings today with a number of Adelaide Pilots (mostly First Officers), to discuss the on-going EA negotiations; and,
- the belated release of a draft South Australian EA late yesterday to the AFAP and TWU.
The AFAP was advised that yesterday, or even the day before, several FOs received an offer to meet with Alliance Group managers, in order to discuss with those managers the progress of EA negotiations.
The AFAP has subsequently explained to a number of members, who were concerned about the possible conduct of any such meetings, that strictly speaking there was nothing inappropriate with company managers conducting any such meetings. Admittedly, the idea of individual Pilots meeting with management does sound somewhat dubious, but if those Pilots choose to go ahead with such meetings, then that obviously is their choice!
The AFAP would only ask one thing of any such FO.
That is, once you have met with the manager(s), and heard what they have to say about their proposed EA, you make a point of then sitting down and speaking to one or more of the Pilot Representatives, who have been working extensively over the past 12 months or more now, to achieve much better pay and conditions for you and all Pilots.
The AFAP will be surprised if there is not a significant disparity between what the managers are likely to have said, and what the Pilot Representatives will have to say!!
However, the AFAP stresses again that individual Pilots are free to make their own choices about such meetings ...
Now, in relation to the release of a draft South Australian EA yesterday to the AFAP (and TWU), it is important to say a couple of things.
Firstly, after all this time, it is appreciated that the AFAP has now finally been provided access to a draft EA.
That said, unfortunately, the AFAP believes that it is highly unlikely that the draft EA will resolve many issues at all.
Why?
Well, firstly, it's worth noting that when Alliance Group management put their very first Queensland EA out to a ballot, 96% of Pilots in Queensland voted 'No'.
When you look at that version, and now its replacement (provided by the Alliance Group to the AFAP and TWU just over a week ago now), there is still a broad range of provisions the Pilot Representatives and the AFAP strongly reject. The overall pay offer may have increased, but overall there is so many other clauses that clearly are still unacceptable, particularly in key areas such as rostering, allowances and leave provisions.
Meanwhile, even though Alliance Group management has only just sent their first draft of a proposed South Australian EA to the Pilot Representatives yesterday, it seems that Alliance Group management has decided that that then allows them to go ahead and "talk up'' a select number of provisions contained in their draft EA, without bothering to give the 'full picture' of what that draft EA contains.
Once your AFAP Representatives actually are provided adequate time to consider the full content of this initial draft EA, and not just a few ''headline" provisions, they will definitely provide Alliance Group management clear feedback about the draft document. In the meantime, the AFAP will continue to recommend that voting "YES" in the PIA ballot for all 11 actions, will help persuade Alliance Group management that they need to urgently re-consider their position on a whole range of provisions in their draft EA.
Western Australia
Five months in, and there is certainly nothing positive to report at the moment from the Western Australia negotiations.
What makes it worse, the attitude of Alliance Group management makes it very clear that they are certainly not remotely interested in accelerating progress in the current negotiations. In fact, it seems clear that they are quite prepared to drag the negotiations out as long as they have in South Australia, or even Queensland.
As such, the AFAP Representatives in Perth are closely looking at what the 'next step' needs to be.
Expect a further update in the coming week.
Northern Territory
The Alliance Group, to date, has made absolutely no sign that they want to start any EA negotiations with Pilots based in the Northern Territory.
In a survey of those Pilots, conducted by the AFAP in the past few days, it was apparent that there is strong support from that Pilot group to be included in an EA that covers all Alliance Group Pilots in Australia.
As a consequence, the AFAP will be speaking to Alliance Group management once again, in the coming week, about such a proposal.
Finally, if any AFAP member has a question in regards to this Update, please contact AFAP Senior Industrial Officer James Mattner (james@afap.org.au).