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AFAP - LifeFlight Consultation (re Redundancies)

Proposed Changes at Toowoomba and Roma

Over the course of the past two weeks, the AFAP has been closely monitoring the actions of LifeFlight management, following their announcement of the proposed upcoming changes to both the Toowoomba and Roma base operations.

After initially informing the affected Pilots of the proposed changes at the time, LifeFlight management then reached out to the AFAP, seemingly wanting to discuss the proposed changes over the phone. The AFAP's response, by email, was short and to the point. It stated that the AFAP wanted LifeFlight management to provide in writing "... copies of all the relevant information, released to date to affected Pilots, detailing the full scope and nature of the proposed changes".

Subsequently, LifeFlight issued a three (3) page information sheet later that same day to all affected Pilots, giving more detail of the changes it is proposing to introduce.

Critically, in the situation where LifeFlight had clearly indicated that current positions were to be made redundant as part of the proposed changes, the Company was immediately then legally obliged to comply with the Consultation requirements detailed at clause 10 of the current enterprise agreement (LifeFlight Australia Limited Rotary Wing Pilots’ Enterprise Agreement 2024):

10. CONSULTATION

10.1. Consultation about major workplace change:

(a) If the Company makes a definite decision to make major changes in production, program, organisation, structure, or technology that are likely to have significant effects on Pilots, the Company must:

(i) give notice of the changes to all Pilots who may be affected by them and their representatives (if any); and
(ii) discuss with affected Pilots and their representatives (if any):

A. the introduction of the changes; and
B. their likely effect on Pilots; and
C. measures to avoid or reduce the adverse effects of the changes on Pilots; and

(iii) commence discussions as soon as practicable after a definite decision has been made.

(b) For the purposes of the discussion under paragraph (a), the Company must give in writing to the affected Pilots and their representatives (if any) all relevant information about the changes including:

(i) their nature;
(ii) their expected effect on Pilots; and
(iii) any other matters likely to affect Pilots.

(c) Paragraph (b) does not require the Company to disclose any confidential information if its disclosure would be contrary to the Company’s interests.

(d) The Company must promptly consider any matters raised by Pilots or their representatives about the changes in the course of the discussion under sub-paragraph (a)(ii).

(e) In this sub-clause significant effects, on Pilots, includes any of the following:

(i) termination of employment;
(ii) major changes in the composition, operation or size of the Company’s workforce or in the skills required;
(iii) loss of, or reduction in, job or promotion opportunities;
(iv) loss of, or reduction in, job tenure;
(v) alteration of hours of work;
(vi) the need for Pilots to be retrained or transferred to other work or locations; or
(vii) job restructuring.

(f) Where this Agreement makes provision for alteration of any of the matters defined at paragraph (e), such alteration is taken not to have significant effect.

...

Importantly, in any consultation process, the Company's management ultimately gets to make the final decision about whether the changes that it has proposed are implemented or not (and in what form). However, all impacted employees must nevertheless be provided a genuine opportunity to make suggestions about whether the proposed changes should actually go ahead or not, and what alterations the Company should consider making to its initial plans, in order to benefit the Company and/or its employees. That requirement for companies to genuinely consult with their employees about significant changes in the workplace has been confirmed in numerous legal cases, run decade after decade across nearly every industry in Australia.

In order to comply with its obligation to consult then, when first announcing its proposed changes, LifeFlight had the responsibility to provide each affected Pilot with all relevant information about the proposed changes.

Unfortunately, it didn't.

In the end, the AFAP wrote to LifeFlight management late last Friday (14/3), raising concerns about the deficient level of consultation that had been conducted up to that point. In particular, the AFAP noted that Lifeflight still had not provided relevant information to the affected Pilots about:

  • the measures that LifeFlight is intending to take to avert or mitigate the adverse effects of the announced changes on all affected Pilots; and,
  • the relevant assessment process, that LifeFlight is proposing to use to determine which individual Pilots will be exempt from the potential redundancies (should they eventuate), and which Pilots conversely will have their current role made redundant.

The AFAP consequently asked that the missing information be provided to all potentially impacted Pilots as soon as possible.

Further to that, the AFAP also requested that affected Pilots be then given a minimum of five (5) days to provide feedback in relation to that (new) information, once it was actually provided. That request was intended to ensure all affected Pilots had sufficient time to genuinely consider, and respond to, the additional information.

In an email response on Wednesday (19/3) morning, LifeFlight management stated (in part) that:

[LifeFlight] can reassure you that our priority is to retain as many employees as possible by exploring redeployment opportunities.

[LifeFlight] can advise that some employees have shown interest in alternative roles, which may create further opportunities for others as well.

Others have indicated they would like to be considered for redundancy.

To respond to your specific requests:

1. As advised to all employees in the various meetings held, and particularised above, LifeFlight are taking significant steps to look at redeployment and other opportunities within LifeFlight for affected employees.
2. LifeFlight is still in the consultation phase, and no redundancies have been confirmed at this stage and it is premature for LifeFlight to advise of a relevant assessment process as it may well be that this is unnecessary.
3. As to your third request for a blanket extension of time, while LifeFlight does not consider this necessary owing to the reasons outlined above, LifeFlight will fully consider the particular circumstances of any specific pilot the AFAP wishes to raise, and advocate for, with LifeFlight. In addition, I can advise that LifeFlight has determined that all potentially affected employees now have to 21 March.
4. LifeFlight’s intention is to accommodate, as best it can, the wishes of all of the affected employees.

In response, AFAP Senior Industrial Officer David Stephens wrote to LifeFlight management yesterday afternoon, stating (in part) that:

... [the current proposal] constitutes a significant change contemplated by clause 10 – consultation – of the Pilots’ Enterprise Agreement 2024. Accordingly, the AFAP seeks to schedule meetings with the relevant senior officers of the company to discuss the proposed changes and, in particular, measures to mitigate or avert the consequences on pilots of the proposal.

I am proposing that at least one pilot delegate attend those meetings. Once confirmed I will advise accordingly.

I am available to meet at the company’s convenience in Brisbane any day next week, the week of 24 March 2025, other than Monday 24 March.

Consequently, the AFAP received a further response from LifeFlight management late yesterday afternoon. In that reply, LifeFlight management confirmed it was prepared to meet with AFAP representatives (in Brisbane) next Tuesday (25/3).

Following on from that, the AFAP has now also been made aware that LifeFlight has issued further correspondence to affected Pilots earlier today. Accordingly, the AFAP will review the content of that correspondence prior to Tuesday's meeting, with the intent to raise any additional concerns with LifeFlight management at that time.

To assist in the discussions on Tuesday, the AFAP is seeking an AFAP member to act in the role of Pilot Representative (Delegate). The AFAP has already received an offer from Alex Dorr to take on that role on the day. However, if any AFAP member from the affected bases is willing to assist, please contact AFAP Senior Industrial Officer David Stephens by email (david@afap.org.au).



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