As outlined in our previous EA Update the AFAP negotiating team has been collating and analysing the extensive EA survey feedback, which is shaping our log of claims for the upcoming bargaining with Jetstar.
A consistent theme emerging from the open-text responses is the principle of “Same Job, Same Pay,” with many pilots pointing to recent legislative changes as a potential pathway for the AFAP to pursue pay parity with Qantas pilots.
The AFAP acknowledges that, despite Jetstar pilots performing the same duties, meeting identical regulatory standards, demonstrating equal professionalism, and carrying the same passengers, they continue to be paid significantly less than their counterparts at Qantas (and Virgin). Addressing this disparity is a central focus of our bargaining strategy.
However, we wish to clarify some of the survey feedback and recent inquiries from members regarding the applicability of the new “Same Job, Same Pay” (SJSP) provisions under the Fair Work Act 2009 (Cth). This update aims to outline the scope of this legislation and its relevance to Jetstar pilots and remuneration outcomes.
Legislative Context
The “Same Job, Same Pay,” provisions, introduced under the Fair Work Legislation Amendment (Closing Loopholes) Act 2023, are designed to ensure that workers supplied through certain labour hire arrangements receive no less pay than employees of the host employer performing the same duties. Specifically, these provisions apply where a labour hire provider supplies workers to a host business, and the host business has an enterprise agreement that would otherwise apply to the supplied workers if they were directly employed.
Non-Applicability to Jetstar Pilots
Jetstar pilots are employed directly by Jetstar Airways Pty Ltd under the Jetstar Airways Pilots Enterprise Agreement 2019. There are no third-party labour hire arrangements in place for pilot roles at Jetstar. Accordingly, the “Same Job, Same Pay” provisions are not applicable to pilot roles within Jetstar, nor do they create an entitlement to parity with Qantas mainline pilot remuneration.
Despite both Jetstar and Qantas operating under the Qantas Group umbrella, they remain distinct legal and employing entities, each with their own enterprise agreements, operational models, and employment terms. The legislation does not mandate cross-entity pay equivalence in the absence of a relevant labour hire arrangement.
Applicability to Jetstar Cabin Crew
It is acknowledged that the provisions have applied to certain Jetstar cabin crew roles, where a cohort of cabin crew were engaged via external labour hire agencies and performed duties equivalent to those of directly employed Jetstar cabin crew.
In those cases, the cabin crew are working on the same aircraft at the same time employed by different companies and paid differently.
In those circumstances, the legislation requires alignment of pay and conditions, and the business has taken appropriate steps to ensure compliance where relevant.
Recent SJSP Orders Impacting Qantas Cabin Crew
The Fair Work Commission (FWC) has recently approved the “Same Job Same Pay” application lodged by the Flight Attendants’ Association of Australia (FAAA) and made orders which will result in significant pay increases for both in-house and external on-hire cabin crew at Qantas. The FWC made the orders after Qantas and the suppliers of labour hire advised the FWC that they all agreed that the orders should be made.
The key findings from this decision include:
- Employees supplied by external providers to Qantas perform the same roles as directly employed cabin crew on Qantas domestic flights.
- These roles are classified as Flight Attendant and Customer Service Manager (CSM) under the Qantas Airways Limited Enterprise Agreement.
- If these workers were directly employed by Qantas, they would be covered by the same Enterprise Agreement as in-house employees.
- The Commission confirmed that these workers are not providing a service (as external contractors might) but are instead supplying labour. This distinction is critical in applying the SJSP provisions.
- Additional supporting factors include:
- The workers roster via Qantas' own software.
- They are directed and trained by Qantas, using Qantas equipment and uniforms, and work on Qantas aircraft.
- They are required to comply with Qantas policies and meet safety and regulatory requirements for Qantas flights.
The FWC concluded that, despite being supplied by external agencies, these workers effectively perform under the same conditions as directly employed Qantas staff, thus qualifying for the SJSP provisions. A copy of the FWC’s decision can be accessed (here).
AFAP Bargaining Position
While the “Same Job, Same Pay” provisions are not a mechanism available for pilots to seek pay alignment with Qantas or Virgin Australia, the AFAP can still pursue terms and conditions in bargaining that address the difference in terms and conditions of Jetstar pilots with comparative operators (Qantas mainline and Virgin).
The AFAP is committed to pursuing improved terms and conditions for Jetstar pilots in the upcoming round of enterprise bargaining. We will utilise all available tools and mechanisms under the Fair Work Act 2009 (Cth) to pursue a fair and competitive outcome for Jetstar pilots. There are a range of potential options and we regularly engage with internal and external legal counsel to set the best strategy to achieve improved outcomes for Jetstar pilots. Our goal remains to secure an enterprise agreement that appropriately reflects the skills, responsibilities, and professionalism of the Jetstar pilot group.
As part of bargaining, the AFAP will be driving for increases for Jetstar and utilising comprehensive benchmarking against Qantas mainline and Virgin pilot salaries and conditions.
Following our initial bargaining meeting with Jetstar this week, we will provide members with a comprehensive update, including an overview of our survey results, benchmarking insights, and the key claims we are pursuing.
Should you have any questions in the interim, please contact your AFAP Jetstar EA pilot representatives. Alternatively, you can contact your AFAP Senior Industrial/Legal staff Deanna Cain, Pat Larkins or Andrew Molnar via email deanna@afap.org.au; patrick@afap.org.au, or andrew@afap.org.au or call (03) 9928 5737.
Regards,
AFAP Jetstar EA Pilot Representatives
Ben Bollen, Chris Gibson, Daniel Blakemore, Dominic Corcoran, Jake Gainger and Paul Hogan.