Qantas Short Haul EA Update No 24
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Further to our recent updates, yesterday a hearing regarding the approval of the proposed Short Haul EA was held before Deputy President Saunders of the Fair Work Commission. Representatives and their respective barristers from the AFAP, AIPA and Qantas attended the hearing,
The subject of the hearing was two issues with the proposed EA which the AFAP advised Qantas of before the agreement was even put out to vote but which Qantas refused to amend. These are:
- The proposed dispute resolution clause is not compliant with the Fair Work Act because it does not provide the ability for a union to raise a dispute in its own name; and
- The proposed FOT salary rate which applies until cleared to line is not compliant with the Fair Work Act because it is approximately $46,000 less than the minimum Award salary.
Prior to the hearing all parties provided written submissions. In its submissions, Qantas maintained the proposed dispute resolution clause is compliant and that FOTs are not covered by the Award. Interestingly, in its written submissions AIPA has now agreed that an undertaking may be necessary for the dispute resolution clause and disagrees with Qantas position that FOTs are not covered by the Award, instead suggesting it be resolved via s.206 of the Act.
For our part, the AFAP has maintained its view regarding the identified deficiencies and our proposed solution. Our proposed solution is that they be addressed with simple undertakings from Qantas to adopt the model dispute resolution clause (or otherwise amend the existing clause to comply with the Fair Work Act) and to pay FOTs the minimum Award FO salary until cleared to line. Qantas has obviously spent a great deal of time and money resisting these sensible proposed resolutions/undertakings.
At the conclusion of the hearing the Deputy President advised he needed time to review all of the material presented before determining whether the EA was capable of being approved (i.e. compliant with the Fair Work Act) in its current form. Given the published timelines for EA approvals, we are expecting this review to be quite quick. Qantas also requested the opportunity to explore undertakings should, after review, the Deputy President still have concerns with the proposed agreement.
We will continue to update members on developments.
In the meantime if you have any questions regarding SH bargaining we welcome members contacting your QPC pilot representatives or the AFAP legal and industrial team of Senior Legal/ Industrial Officer Pat Larkins (patrick@afap.org.au), Senior Industrial Officer Chris Aikens (chris@afap.org.au), and Executive Director Simon Lutton (simon@afap.org.au) to ensure that you are informed.
Regards,
AFAP Legal
Jared Marks – AFAP In-House Counsel
Simon Lutton – AFAP Executive Director
Patrick Larkins – AFAP Senior Legal/ Industrial Officer