Arbitration Update – Hearing Set For Monday 23rd
As you’ll be aware, what will hopefully be the last hearing to take place in this ongoing saga of determining a new Enterprise Agreement, takes place this coming Monday 23rd June in the FWC Perth.
As previously advised this hearing has been called by the Full Bench of the FWC to review and examine the submissions around the implications of the recent Federal Full Bench Decision which supported the AFAP case that reserve or standby had to count toward both your 38 hour week and additional hours over that.
Whilst the AFAP conduct has continued throughout this case to abide by the directions of FWC, not unsurprisingly the actions of Qantas have continued to show both arrogance and disregard to these proceedings.
The arrogance of Qantas can be exemplified by a bizarre letter the AFAP received right after the final submissions for Monday were served. A senior Qantas manager wrote to the unions firstly stating that there were no issues arising from the recent Reserve case and secondly inviting the unions to write to the FWC stating that. It was also requested that the unions confirm to the FWC that there were no BOOT implications and that we agreed with the Network submissions in the matter!!!!
It would be fair to say that the AFAP were gobsmacked. We had just submitted detailed statements detailing how the recent case would have significant impacts on the proposed agreement for Network, when we were asked to disregard the evidence and just blindly support Qantas. We can only assume that Qantas had either not read the submissions – likely, or that they arrogantly believed they had a real valid point to make – also likely. Either way we decided to ignore the letter on the basis of it just being plain idiotic and not warranting our attention any further.
The disregard to this whole process can also be shown by further events this week, where Qantas decided to just ignore the previous directions of the FWC. The incident in question was that, without notice, Qantas just unilaterally submitted so called ‘further evidence’ on 19th June!! Not unsurprisingly the FWC reminded Qantas of previous directions which talked of strictly adhering to directions, while asking at the same time for the views of the unions.
The AFAP legal representatives have today written to the FWC, advising that the AFAP found the actions of Qantas to be ‘extremely disappointing, unsatisfactory and frustrating’, that the excuses provided for such a late submission ‘had no substance’, but importantly that our main drive was to ensure the hearing on Monday was not further delayed by the actions of Qantas. In particular it was pointed out to the FWC that the additional material was actually of no value or assistance (this was because it was the regurgitation of previous submissions in a different form).
That said the drive behind this process is to bring this matter to a conclusion with the confidence that the submissions of the AFAP witnesses and legal team appropriately address the impact of the recent reserve ruling towards the BOOT assessment, whilst simultaneously ensuring we do not stoop to the levels of unprofessionalism shown by an employer who should know better. We can only assume that leopards really do never change their spots!!
Thanks again for your continued support and patience.
AFAP Network Aviation Pilot Council
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. The AFAP website also advises of other welfare services at
https://www.afap.org.au/membership/member-articles/welfare-services