RE AFAP (Nauru Airlines) Pilot Committee & Award Matters
AFAP/Nauru Air Pilot Committee
The AFAP and Pilot committee representatives have continued with meetings with Nauru Air management representatives, in past few months with meetings on
- 17 October 2024,
- 18 November 2024, and
- 17 December 2024.
As you are aware the pilot committee, pilot representatives include,
- Captain Alex Gagiero
- Captain Scott Newman
- Supported by AFAP Industrial Officer, Jason Newell
The pilot reps have been well across all issues and encourage all pilots to thank them for their efforts to date – on what has been a longer process and negotiation than expected. It is also a good time to remind other pilots to consider if they can assist the pilot s reps by joining the committee.
Do not hesitate to discuss with the pilot reps or the AFAP. The committee has capacity for several pilot representatives, and all will welcome an expression of interest.
Progress on Award Matters
The company has been proposing a potential way forward with a facilitative arrangement to vary how certain terms of the Air Pilots Award 2020 (the Award) will operate.
An issue is this discussion has expanded from a focus on 15.8 (l) – 11 hours limitation, (initial dispute and concern) to the company broader proposal to vary the following conditions,
- 15.8 Periods free of duty
- (l) An employer will not roster an employee for a tour of duty in excess of 11 hours. Where a tour of duty has commenced it may be extended to 12 hours.
- (n) Where a tour of duty already commenced exceeds 12 hours or the flight time exceeds 9 hours the employee will have, at the completion of the tour of duty, a rest period of at least 24 consecutive hours.
- (o) Where an employee has completed 2 consecutive tours of duty, the aggregate of which exceeds 8 hours flight time or 11 hours duty time, and the intervening rest period is less than:
- (i) 12 consecutive hours embracing the hours between 2200 and 0600 local time; or
- (ii) 24 consecutive hours, if not embracing the hours between 2200 and 0600 local time,the employee will have a rest period on the ground of at least 12 consecutive hours embracing the hours between 2200 and 0600 local time or 24 consecutive hours, prior to commencing a further tour of duty.
NB The AFAP note the standards are agreed for minimum 8 RDOS in 28-day period, however the application of 15.7 may need consideration in this proposal.
The Company stated the objectives are for greater company operating flexibility by removing the restrictions in these clauses, in summary.
- Assign duties in excess of 11 hours,
- Not apply the compulsory rest periods in the Award, and
- Allow for 3 consecutive tours of duty (up to CAO 48.1 limitations).
As per the position of the conditions under 15.8 (noting the title, they are supporting periods free of duty), these conditions support rest periods and time off to protect work life balance under the Award. In 15.8 this provides protections from rostered days off to be used as recovery/rest days, therefore allowing rest prior to further duties or recreation. This is an industrial condition and is not the same as CASA regulations and obligations that rest periods are to manage fatigue – CASA focus is not for fatigue rules protecting your recreation time.
The current position of the company (still under negotiations) is to offer an agreement remove all protection and rely on CAO 48.1, the compensation is a guaranteed extra RDO per 28-day roster (or 13 additional RDOs per annum).
This has lead to discussions of whether there may be an unfairness or disadvantage occurring, which would prevent an award variation under a facilitative arrangement. For examples the pilot’s reps have pointed out the scenario could result in a gain 1 RDO but loss of 3 x 24-hour rest periods in a 28 period – therefore a net loss of 2 x 24-hour periods.
It is important to note that the pilot group ‘collectively’ in this process has the say on what is voted in approval or rejected. Additionally, the AFAP have noted that a voted up arrangement that leads to disadvantage may still result in contraventions of the Award.
The pilot reps provided the committee feedback on the preferred option to increase RDOs each month as guarantee to 12 days, which would assist to avoid disadvantages in relying only on CAO 48.1. The unofficial response by the HOFO was this was unlikely to be supported, but it has been proposed.
The parties are therefore a little bit part on the way forward. Discussions lead to the company’s Industrial Relations representative pointing out that maybe it is about reviewing how the clause(s) are to be varied (not removed in whole, but to look at options to re-write those conditions to keep some protections). The AFAP seeking the transparency about what are the objectives in each change (what are we trying to solve and achieve), and therefore encourage the solution meets all needs, doesn’t result in disadvantages, considerations award protection and supports the company needs for flexibility.
The AFAP view the most flexible industrial instrument would be an enterprise agreement, and it is what most operators do use for flexibility compared to Award conditions. There has been no bargaining commenced by the Company and remain focused on solutions under the Award.
Stand-by Duty Introduction
Discussions of the introduction of standby shifts have also continued in the December pilot committee meeting. The proposal is looking at coverage of stand-by to be incorporated into rostering arrangements (this was discussed as not intended to be implemented until potentially a March roster in 2025).
The AFAP raised fact that courts had considered stand by duties as duty hours (a part of the 38-hour week under the NES). This matter was heard by appeal by the Full Federal Court on 19 & 20 November 2024 and awaiting a decision. The AFAP reiterated that hours like paid annual leave hours are used in calculation of the 38-hour week, but not for the CASA regulations as fatigue management – and the 2 legislation serve differing purposes. Concerns were raised in the pilot committee of efficiency and impact of increasing paid duty hours, when other roster adjustments may have greater benefits to pilot group and the company. The Company viewed there was enough flexibility in the roster to apply additional hours within the 38 hours per week.
The AFAP will work with the pilot reps to review some example rosters – as the use of standby will need to be proportionate. We encourage that pilots share examples of rosters to the pilot reps and AFAP, and a mixture of those that are ‘well balanced’, average’, and ‘not-so-balanced’ so reviews can consider varied approaches.
The company will be reviewing their proposal of the proposed start and finish times for stand by shifts, with the intention to be proposing stand-by to the pilot group.
Accommodation
The Pilot reps have requested that additional information from safety reports and investigations be shared to the AFAP, and some of these actions will be followed up. The company has reported further investigation is occurring regarding the use of Christmas Island as an alternate accommodation to Tawara. No timeframes have been provided to whether or if there is a commitment to make changes.
There remains no offer or position to provide any remuneration regarding the hardlying allowance under the Award. This matter can not be resolved in the above processes of facilitative arrangements and remains an outstanding issue. Assessments by the company noted it was maybe over $70-80k in back pay that results in the request for this claim. The company has previously stated it thought it was not fair to apply to pilots and not other crew – but there is no explanation to why when this is the pilots minimum award conditions (other crew do not form part of the dispute).
Pending discussions, we will await if there is an offer to settle on this issue and discuss options.
Next Steps in 2025 – Pilot Committee Sessions
Lock-in session(s) of the pilot committee has been planned for 20 & 21 January 2025. The idea used in negotiations is to get all parties together, bring along their ideas and objectives, their concerns, views and put it all the one place.
The objective is to work through all detail to get a result that will work for all parties. This may include using that time for all the committee to review rostering, changes in conditions (and those implications), consider variations and rules and work to find a suitable balance with suitable compensation.
The AFAP acknowledge negotiations are taking some time, there is some progress but not the outcomes. We are not of the view we have exhausted all discussions, but there may need to be discussion with pilots on options. We remain optimistic that we may not require to use other options and aim to put all efforts into the planned sessions in January 2025.
Should you have any feedback, queries or additional matters you would like to raise please contact either Jason Newell on Jason@afap.org.au.
Regards,
The AFAP Industrial Team