AFAP AIC Update – October/November 2024
The AFAP AIC Pilot representatives Steve Hungerford, Brad Wilson and Mark Bannister, along with Senior Industrial Officers Deanna Cain and Pat Larkins met with Virgin in October and November to begin the implementation process of EA24. Present from Virgin were Alex Scamps, Peter Quinn, and Nev Spencer along with TWU representatives also in attendance.
The following matters were discussed.
Flexible Work Arrangements
Virgin advised the FWA trial period was coming to an end, and it would be releasing the new FWA guidelines to pilots as soon as they had been finalised. The AFAP has provided Virgin with feedback on the draft guidelines and there are ongoing discussions with the AIC.
A number of members have contacted the AFAP concerned about rumours on the line that the Company will be cancelling all existing FWAs and no longer offering FWAs to pilots and that all pilots will be required to apply within the new EA24 Flexi-Line provisions.
Although the new guidelines have not yet been finalised, we can confirm the following:
- Eligible employees have a right under the Fair Work Act to request an FWA. Virgin cannot lawfully decide to no longer make FWAs available to eligible pilots.
- The Flexi-Line and part-time provisions are negotiated EA entitlements and separate from the right under the Fair Work Act to request a FWA. However, we encourage pilots who can utilise these provisions to do so as there is uncertainty under the Fair Work Act (see below).
- When the new guidelines have been finalised, there will be a transitional period whereby pilots on existing FWAs will be required to reapply for a new FWA, which will then be assessed by Virgin in accordance with the new guidelines. Additionally new or pending FWA requests will also be assessed in accordance with the new guidelines.
- Virgin can refuse a FWA request if it can demonstrate it has “reasonable business grounds” to do so, however it first must discuss with the pilot if an alternate arrangement can be agreed.
- This refusal can be challenged in the Fair Work Commission. There is limited case law on application of FWAs by the FWC and each case depends on its circumstances. A FWC application contains risks for both Virgin and the individual pilot that the outcome is not something that satisfies either party.
- Pilots who are seeking reduced days at work or fixed days off during the week for caring responsibilities and who meet the eligibility requirements under clause 11 are encouraged to apply for a part-time or flexi-line arrangement under the 24EA, noting that a pilot on a PT and flexi-line arrangement cannot be precluded from apply for an FWA if they require additional flexibility.
Virgin advised that some of the FWA arrangements that have been trialed over the last 18 months are unlikely to be approved under the new guidelines due to the level of complexity and manual rostering intervention that is required, which in turn impacts the number of FWAs that can be approved. However ultimately each FWA request must be assessed taking into account an individual’s personal circumstances and Virgin must follow the process set out in the Fair Work Act for considering and responding to each request.
EA Implementation
As outlined in the email from Chief Pilot on Friday Virgin Australia Narrow Body Aircraft Pilots’ Enterprise Agreement 2024 (EA) has now been approved by the Fair Work Commission and will commence operation from 23 December 2024, being the commencement of RP1.
As you would be aware, Virgin has already begun paying the new EA24 base salary to pilots, with RP12 paid at the new rates for base salary, and hours above the 65 hours CHT for RP11 have also been paid at the new rates. Virgin has advised it would pay the outstanding base salary differential from RP11 in yesterday’s pay run (Wednesday 27 November).
Those with SEPNTS3 in RP11 were not paid 9 credit hours for this day as required by the EA21 credit table. However, as the company has paid the EA24 base salary earlier than it was required to, you will have been paid more than you would have under the EA21 pay structure. As such at this time no underpayment has occurred. Had Virgin paid the 9 credit hours for your hours over EA21 MCG the effected pilots would have then received a smaller base salary back pay payment yesterday. In summary the EA24 pay structure results in a higher payment than you would have received under EA21 even with the 4.5 extra credit hours.
Sign On Bonus
Virgin has advised that the sign on bonus will be paid to pilots on 22 January 2025. While it would have been nice to receive this bonus prior to Christmas, Virgin’s obligation is to make the payment on the first pay day after the first full pay period after the Commencement Date (23 December 2024).
Further we acknowledge paying this earlier may have created some administrative complexities given it is payable to any Pilot covered by this Agreement at the Commencement Date, at the Pilot’s rank and employment type at the Commencement Date.
Part-Time Waitlists Under EA24
With the commencement of EA24 the temporary part-time waitlist will be reordered in-line with the priority contained within EA24. Pilots 55 years of age and over will have the same priority as those contained within section 65 of the Fair Work Act (EA24 clause 10.4(c) - carers etc.). Pilots on the waitlist in this category will be reprioritised based on this EA requirement and ordered based on date of application.
Pelesys Dangerous Goods Training
With Dangerous Goods training now moved to the Pelesys system it is able to be completed within 90 days of its expiry, as a result Virgin has advised they will no longer be rostering it on pilots’ rosters. The AFAP has asked for an update from the company on their review of all V-Learn and Pelesys training courses total annual hours.
Air North and Alliance Wet Lease Flying
Virgin has advised they will be utilising Air North for a 4 week period over the Christmas holidays in December and January. This will be offset with an increase in TCP flying by the B737 fleet.
Further the Mackay wet lease flying currently flown by Alliance is planned to return to Virgin next year.
Perth Hotel
On October 28, Virgin entered into a contract with the Mercure Hotel in Perth. This decision followed two independent inspections by AFAP representatives, both of which deemed the hotel unsuitable. Initially Virgin accepted the AFAP representatives preferred choice of hotel, however following the commencement of contract discussions Virgin advised the AFAP this hotel withdrew its tender. This left Virgin with the Mercure as its only option, and it decided to proceed with the contract despite concerns with the hotel.
Virgin has taken out an initial short-term contract with the Mercure and will conduct a tender in Perth again early next year.
While most of the rooms allocated at the Mercure meets the minimum standards required by the enterprise agreement, we have repeatedly communicated to the Company that we are not satisfied with its overall quality and that certain rooms are in breach of the EA. Virgin has responded by advising particular rooms will be designated for pilot use to avoid this issue.
In addition, we have expressed concerns that, over time, the hotel is likely to generate further issues which may result in increased complaints when compared to the previous hotel. We have noted with the commencement of the new EA pilots will have access to fatigue credits and if rest is impacted by poor quality of the hotel, then pilots will have the right to remove from duty and have their credits protected. Virgin has acknowledged this risk.
To date, numerous complaints/reports have been received, and these have been collated and categorised by the AFAP and provided for the Company to review and respond. It is encouraging to see pilots actively reporting hotel and transport concerns via the API (MyCrewCare) link on the VINE as the Company rely on this data to understand the extent of any issues. It is also critical that all pilots experiencing issues submit reports as the volume of the reports is relevant when Virgin are reviewing hotels. Further if the AFAP are to be in a position to challenge the compliance of a hotel with the EA we need evidence to build a case, so please continue to provide photos or other evidence supporting reports.
The Company advised that it has been meeting with Mercure management on a weekly basis to work through the reports directly with the hotel. On the back of these reports the Mercure will be installing new controllers on the air conditioning units and it has already installed dampers (acoustic seals) around the door frames and replaced irons in 80 hotel rooms. In addition to this, all crew will be allocated rooms on the 6th floor which will essentially be a Virgin dedicated floor.
A reminder reports can be filed using https://api2.apicrewcare.com/main/login.aspx. The AFAP HOTAC representative receive copies of all pilot reports.
Alternatively, pilots can email issues with hotels, transport and crew meals to HOTOC@afap.org.au.
Questions
Should you have any questions regarding the above, please feel free to contact your AFAP AIC representatives directly, or AFAP legal industrial team of Senior Legal/ Industrial Officer Patrick Larkins (patrick@afap.org.au) or AFAP Senior Legal/ Industrial Officer Deanna Cain (deanna@afap.org.au) at the AFAP dedicated AIC email address virginaic@afap.org.au, or alternatively by posting on the VPF Forum (https://afapvpf.discussioncommunity.com/) or by calling the AFAP office on (03) 9928 5737.
AFAP AIC Representatives
First Officer Steve Hungerford - Chair
Captain Brad Wilson - Vice-Chair
Captain Mark Bannister - HOTAC