Arbitration Update
Following our brief last week we can advise members that the original submission date, regarding the standby/reserve implications in this matter, proposed by the Fair Work Commission Full Bench of 22nd April has been slightly pushed back until Monday 5th May. The company had originally sought an extension until 15th May citing the following reasons:
- "these identified complexities and the time required to consider the implications of the decision, undertake the modelling and formulate its position;
- the number of upcoming public holidays over both the Easter period and for ANZAC day;
- that instructing solicitors for Network Aviation are on leave from Friday 18 April 2025 until Monday 28 April 2025; and
- that senior counsel who is briefed and appeared before the Fair Work Commission for Network Aviation is on leave overseas until mid-May"
Due to the length of time the current process had taken and with Network pilots continuing to work below Award rates which of course only enhances the bank balance of Qantas, the AFAP did not agree with the proposal from the company. The other unions proposed alternative submission dates after 22nd April, but before 15th May.
The decision of the Fairwork Commission was provided on Friday and can be viewed here.
The recent standby decision that was linked in the last brief, will of course have significant industry implications especially on any employer who pays their pilots at or around the Award rate (or below the Award in Networks case), but yet expects a pilot to work standby in the belief that those standby or reserve hours will have no bearing on either the standard working week (38 hours) or any hours over and above that. Indeed the AFAP submissions back in October 2024 specifically referenced clauses that the Full Bench would need to address should the appeal fall in our favour.
While the fact the FWC Full Bench has yet to make the arbitrated outcome in this case has of course been frustrating to members, the silver lining has been that a Full Bench Federal Court has in the meantime wholeheartedly supported the position of the AFAP in this groundbreaking standby case, hence the request from the FWC for further information from the parties as to how this will impact the proposed Determination.
We understand there have been alot of questions being raised with Council members since our last brief. We can clarify that this recent Full Bench Decision does not limit a pilot to a 38 hour week and does not limit an employer from rostering reasonable additional hours over 38. What the case does do, and to which the FWC referred to, is that the BOOT compliance issue must now ensure that these standby/reserve hours are not ignored as part of the 38 hour week and are not ignored where they take a pilot over 38 hours per week. So in essence where additional hours are worked (including standby) an employer must ensure that their proposed remuneration for a pilot could cover both the Award rates (for the 38 hour week) and any hours worked over 38.
Your AFAP Council of course thanks all members for their patience and in refraining from contacting the FWC asking to progress this matter. As a result of the FWC's request for further submissions, the release of the final Determination will understandably be impacted as the new submissions are assessed. While we can’t provide a timeframe, we are hopeful that this indicates the process is now entering its concluding phase.
Your Council continues to work with our legal team to ensure a full picture of just how important this case will be for the likes of Network Aviation pilots and why the AFAP proposed determination was designed to not only address the standby/reserve issue, but also ensure Network pilots received a fair salary that didn't result in them falling below award rates by the end of that agreement and appropriately remunerated them for working additional hours.
As always your AFAP Network Aviation Pilot Council are:
Stephen Maughan: smaughan@iinet.net.au
Ben Walmsley: ben.walms@gmail.com
Joshua Sheldon: Josh.b.sheldon@gmail.com
Sasha Leavy: sasha_leavy@hotmail.com
Matt Atkinson: matkinson209@gmail.com
Eman Zimmerman: mano01@hotmail.com
Mark Levitt: ml.network.pilotcouncil@outlook.com
Geoffrey Aro: flyingaro@gmail.com
In addition, the AFAP Senior Industrial Officer Chris Aikens is contactable on chris@afap.org.au. The AFAP Member Assistance Program (MAP) can be contacted via Freecall 1300 307 912