The AFAP is distributing the following RexPC Update at the request of the RexPC:
Annual Leave Rostering Patterns
The RexPC have received queries from Crew regarding the rostering of annual leave - specifically, the EA requirement to roster an annual leave week as five days of annual leave followed by two RDOs. In some cases, the Company has rostered leave as a mix of weeks consisting of:
- 5 days annual leave/2 RDOs; and
- 4 days annual leave/3 RDOs
Strictly speaking, the 4+3 pattern is not compliant with the current EA. During the access period prior to the ballot for the current EA, the company raised this concern with us. this was identified as a simple oversight during drafting: despite changing to a 10 RDO per Roster Period baseline in the proposed new agreement, none of the parties involved in drafting the agreement had identified the need to update the definition of a leave week found in clause 48.2.
As the access period had already commenced, the only way to fix the oversight would have been for the company to withdraw the proposed document, issue a new document, and commence a new access period with the voting period further delayed. This was considered undesirable, as it was likely to arouse suspicion in the voting process and even increase the chances of the document being voted down. To avoid this, we instead advised the company that their concern could be mostly alleviated over the life of the agreement by specifically asking each Pilot to agree (or not) to a mix of 4+3 and 5+2 leave weeks with each year's annual leave bid. In earlier years of this agreement, the company have rostered leave according to clause 48.2. However, this year the company proceeded with rostering leave as a mix of 5+2 and 4+3 weeks, but they have done so without following the RexPC's recommendation of seeking individual agreement (they indicated their intention to roster that way in the annual leave bidding memo earlier this year, but advising one’s intention is not the same as seeking individual consent).
For many, if not most pilots, a mix of 4+3 and 5+2 leave weeks may be more beneficial. This is because the annual leave day not used in a given week now, is a day of annual leave credit which will either be used or paid out when that pilot's salary is higher (potentially considerably higher, if the pilot is currently an FO). Even if used within the same year, the result of such a roster pattern is an increase of nearly one week of leave per year. For pilots seeking to work casual days during annual leave (and thus gain two days in lieu for each day worked), all seven days of each leave week are covered by that entitlement, so the mixed pattern is potentially even more beneficial: working on an RDO outside of annual leave blocks does not normally entitle a pilot to two DILs.
In at least some queries that have been brought to the RexPC, pilots have objected because a roster period including a 4+3 leave week has had 9 or 10 RDOs. However, except in the case of a roster period entirely made up of annual leave weeks, there would be nothing to prevent the company simply placing extra RDOs in non-leave weeks to achieve the same total RDOs. If the purpose of the objection is to gain an RDO buy-back payment, an equally valid option for the company is simply to remove a duty or reserve day elsewhere in the roster and replace it with an RDO, while adjusting each annual leave week to use five annual leave days.
The advice we have provided to pilots who have raised concerns is:
- Contact Crew Resources Management to address the concern (as described above);
- In the case of unsatisfactory resolution, utilise the Dispute Resolution clause (35) of the EA.
The Dispute Resolution clause is always available to all pilots where disagreement arises over any concern raised. Of course, that is only after seeking remedial action with the relevant party first.
Questions
If you have any questions in relation to the above advice, please contact RexPC members:
- Robin Darroch (VIC/QLD/SA)
- Nicole Waterman (WA)
- Peter Gravitis (NSW)
- Haydn Burgoyne (NSW)