Update - Alliance Group Bargaining
Late last night, Alliance Group management released:
- a new, proposed enterprise agreement (EA) for Queensland based Pilots; and,
- a new, proposed EA for Adelaide based Pilots.
The emails (and attached documents) were sent out just prior to midnight.
Critically, by issuing the documents last night, Alliance Group management can now go ahead with each of the 2 EA ballots before Christmas Day.
Importantly, in accordance with the Fair Work Act 2009, Alliance Group management will have to, over the course of the next 7 days, take all reasonable steps to explain the terms of the applicable EA, and the effect of those terms, to each and every Pilot that will be covered by either of the proposed EAs.
This minimum 7 day period – previously known as the ‘Access Period’ – is meant to give all affected Pilots a chance to properly review and consider the contents of the applicable proposed EA, before then making a decision as to whether it is suitable.
Critically, just 2 months ago, 96% of Queensland Pilots considered a very poor deal at the time, and voted ‘No’. Two months on, all Queensland members now get the opportunity to consider an amended proposed EA.
Meanwhile, Adelaide based members will be getting their first chance to have their say on whether the proposed EA is acceptable or not!
What Makes a Good EA?
Early in both the Queensland EA negotiations, and those in South Australia, Alliance Group management was given joint AFAP/TWU Log of Claims.
In providing those joint AFAP/TWU Logs to Alliance Group management, it was hoped to send a clear message to management, detailing the type of terms and conditions that were both wanted, and necessary, in any proposed EAs.
Logs of Claims (Qld, SA)
The typical measure, subsequently, of a successful negotiation is determined by assessing the quality of the provisions in the final document, and by how many of the original claims actually ended up being included in the new EA.
The negotiations with Alliance Group management in both States, to date, have never been easy. Regardless of how many times they were told by AFAP representatives what Pilots generally wanted, and thought needed to be changed, management was never keen to offer what other operators are currently agreeing to give their Pilots.
Consequently, before the two separate ballots are conducted next week, it is recommended that all affected members review closely what the relevant AFAP and TWU bargaining teams were aiming to achieve at the very start of the bargaining processes in both Queensland and South Australia. Then compare that with what the Alliance Group last night offered in their new draft EAs.
Protected Industrial Action (PIA)
Although the proposed enterprise agreements in Queensland and South Australia have now been ‘released’ by Alliance Group management, it is important to understand that technically the Fair Work Commission approval of PIA in both Queensland and South Australia still remains in force.
As for Perth Pilots, the current PIA ballot closes on 20 December 2024.
The AFAP still encourages all members to vote YES to all twelve (12) proposed PIA actions.
Voting YES does not automatically require you to undertake that particular form of PIA, but unless overall more than 50% of voters support each form of PIA, then that particular form of PIA cannot legally be taken by any AFAP member (even if they want to).
Protected Industrial Action (Perth) – Compulsory Conciliation Conference
The mandatory conciliation conference that the Fair Work Commission had to conduct (under section 448A of the FW Act), in relation to the proposed Perth PIA, went ahead earlier today (Tuesday 17/12).
Unfortunately, the equivalent conciliation conferences conducted a fortnight ago, in relation to the proposed Queensland EA, and then the proposed Adelaide EA two days later, did not lead to any significant break-throughs in bargaining.
Still, going into today's s.448A conference, before Fair Work Commissioner Lim, the AFAP representatives (along with those from the TWU) were hopeful of finding a way to overcome the current problems that exist in the Western Australian bargaining process.
Thankfully, there was some success in the conference. After hearing of problems of slow progress in the Western Australia negotiations, Commissioner Lim was instrumental in arranging four (4) day long negotiation meetings, to be held on 16th January 2025, 17th January, 10th of February and 11th of February. That schedule should certainly give all parties an opportunity to try to find ways to overcome the problems that are besetting the current Perth bargaining process.
Watch out for further Updates in coming days.
If any AFAP member at the Alliance Group has any questions about this Update, please contact AFAP Senior Industrial Officer James Mattner (at james@afap.org.au).