A case run by the Australian Federation of Air Pilots (AFAP) addresses fundamental industrial relations principles that have been overlooked in the aviation industry.
In particular, the case gives important recognition to the 38-hour week in the Air Pilots Award 2020, which entitles pilots to overtime at their normal hourly rate (single time) for each hour they work beyond 38 hours.
“The case establishes that employers cannot roster excessive standby without this being recognised and accounted for when determining a pilot’s salary” said AFAP Senior Legal and Industrial Officer Jared Marks.
It also acknowledges that standby - a core duty performed by many pilots - is work that they are entitled to be paid for under the “wage work bargain” between employers and employees.
Among other things, these findings have implications for enterprise agreements when the Fair Work Commission applies the Better Off Overall Test (BOOT).
“Many employers have long operated under the false assumption that standby or reserve time is unpaid or unrecognised under the Award. This case run by the AFAP establishes that standby is work and it needs to be recognised as such,” said Mr Marks.
The case is now subject to Appeal before a Full Court of the Federal Court where the AFAP will maintain that the principles established by the South Australian Employment Court should be upheld.
Background:
Australian Federation of Air Pilots v Corporate Air Charter Pty Ltd [2023] SAEC 63
South Australian Employment Court Decision (PDF)