EA UPDATE – Protected Industrial Application Lodged Today
In light of the confirmation from Qantas that they would not address the AFAP’s revised claim, the AFAP has today lodged with the Fair Work Commission an application to undertake a Protected Industrial Action Ballot (PIA).
You will recall that recent survey to support the revised claim included the option of progressing down the avenue of PIA should Qantas not address our claims. This too was clearly reinforced by the outstanding turnout at the recent member meeting. As there has been no movement from your employer your negotiating team has consequently had no option but to lodge the application.
What Next?
- The Bargaining Representative, in this case the AFAP, has made application to the Fair Work Commission to hold a ballot (vote) asking members if they are prepared to take protected action. The types of action have been developed in consultation with pilots through your Network reps.
- The application must be determined by the Fair Work Commission within two days of being made.
- To grant the application the Fair Work Commissions needs to be satisfied that the application is made in accordance with the Fair Work Act.
- An approved balloting Agent will run the ballot, in this instance over 14 days to make sure every member has the opportunity to vote.
- For the ballot to succeed a majority of eligible voters (see below) must vote, and a majority of those who vote must be in favour of the questions (ie vote YES). If neither of these conditions are satisfied the vote is automatically unsuccessful.
- If the vote is successful the company must be given three full days’ notice of the intention to commence the action, and which action will be taken. Industrial action once commenced is not time limited (other than till an agreement is reached) but must commence within 30 days (can be extended to 60) before the right to take action expires.
- Who is an eligible voter? An eligible voter is a member of a Union that is a bargaining representative in the negotiations (in this case the AFAP). To ensure you are covered and entitled to vote the most straightforward way is to be a member of the AFAP.
- To take Protected (ie lawful industrial action) Industrial Action, more or less the same rules apply as to who is an eligible voter. Again to ensure you are entitled to take protected industrial action the most straightforward means is to be a member of the AFAP. However, if you were not an eligible voter, you can later take protected action if, for example, you join the AFAP.
- If you are not a member of the AFAP (that has successfully applied for a ballot) or nominated another bargaining representative who has also successfully applied for a ballot, you cannot take protected action and any action you take will be unlawful.
- Once the application is approved the balloting agent then has seven days to tally the AFAP member list with the Network Pilot list to ensure only AFAP members are balloted in this process. Thereafter the electronic ballot will run for 14 days.
- PIA ballots can still be applied for and thereafter progress to undertaking PIA even if the company tables proposals, which we expect Qantas to do.
- Due to a recent change in legislation, prior to any PIA action taking place a compulsory conciliation will take place at the Fair Work Commission.
We shall update you again next week as we prepare for this ballot. It is essential that the Network pilot group send a clear message to Qantas that the substandard wages and conditions cannot go on. Pilots are leaving in droves and Qantas needs to recognise their 3% wages policy is not fit for purpose. The only purpose it is fit for is to keep more and more pilots to get closer and closer to the Award minimums.
Despite having lodged this application we of course remain open to see if progress can be made in negotiating meetings and we shall await a company response.
As always, we remain open for contact, comments and thoughts.
Stephen Maughan: smaughan@iinet.net.au
Cameron Mapley: Mappers@gmail.com
Ben Walmsley: ben.walms@gmail.com
In addition, the AFAP Senior Industrial Officer Chris Aikens is contactable on chris@afap.org.au