AFAP Qantas Pilot Council Briefing No.12
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Short Haul EA update
Following our recent SH EA negotiation meeting with the company, the QPC provided a formal written response to company negotiators addressing the company’s position on our Log of Claims (LOC). Our written response to the Company can be found here.
Our SH EA negotiating team has another meeting scheduled with Qantas in which we intend to discuss the Company’s response to our Log of Claims. As stated in previous communications, we will continue to negotiate in good faith and make representations for our members. We believe a fair and reasonable agreement is achievable and will create significant benefits for the business in the long term.
The Australian aviation sector is an increasingly competitive environment in which to attract and retain high quality pilots. Accordingly, the QPC believes Qantas must address elements of the SH EA that are uncompetitive and that SH pilots have identified as needing to improve.
We believe Qantas must ensure that the next SH EA is competitive, thereby enabling Qantas to not only attract the highest quality pilot candidates, but to also retain the highly skilled and passionate pilots that they are already privileged to employ.
Qantas pilots are widely recognised as highly skilled, dedicated, and passionate. Pilots should hold strong to the understanding that they are an irreplaceable asset of high value to the Company. Qantas should reward Short Haul pilots accordingly.
The next SHEA must address the key issues with remuneration, lifestyle and fatigue that Short Haul pilots have identified in the AFAP Short Haul EA survey and have been included in the AFAP’s Short Haul EA log of claims. In addressing these issues, Qantas could help shape and maintain a positive, successful and sustainable pilot group.
Ensuring pilots have a satisfying and rewarding career free from burn-out and fatigue is the surest way of securing and maintaining suitably qualified crewing levels, which is the most economically sustainable and safe path for the business and pilots.
Frequently asked EA negotiation questions
What is an enterprise agreement?
An enterprise agreement is an agreement made between an employer and its employees that sets out terms and conditions of employment. Qantas mainline pilots have two enterprise agreements – one for short haul pilots (SH EA) and one for long haul pilots (LH EA).
The SH EA covers pilots that fly the 737 and the future A320 aircraft. The LH EA covers pilots that fly the A330, B787, A380 and the future A350 aircraft.
What is enterprise bargaining?
Enterprise bargaining is the process in which an employer and employees negotiate the terms and conditions to be included in the relevant enterprise agreement(s). All parties can be represented in the process.
Who represents employees in enterprise bargaining?
Employees have the right to represent themselves or nominate a bargaining representative to participate in the negotiations on their behalf.
If you are a member of the AFAP, we will automatically represent you in enterprise bargaining.
Are agreements individual and do representatives negotiate different agreements?
No. Agreements are not individual. One agreement for Long Haul and one for Short Haul is voted on by all their respective pilots, regardless of who represented them in negotiations. Different representatives may have different approaches to the negotiations, but only one agreement per respective haul is put up to vote.
How long does enterprise bargaining take?
There is no set bargaining time frame. Although the current SH EA expired on 31 August 2023, and the LH EA expired on 28 April 2024, both agreements will continue to operate until they are replaced by a new agreement.
What is bargaining in good faith?
The Fair Work Act 2009 requires anyone participating in the bargaining process does so in good faith.
The following are the good faith bargaining requirements that all bargaining representatives for a proposed enterprise agreement must meet under s.228 of the Fair Work Act:
- attending, and participating in, meetings at reasonable times;
- disclosing relevant information (other than confidential or commercially sensitive information) in a timely manner;
- responding to proposals made by other bargaining representatives for the agreement in a timely manner;
- giving genuine consideration to the proposals of other bargaining representatives for the agreement, and giving reasons for the bargaining representative’s responses to those proposals;
- refraining from capricious or unfair conduct that undermines freedom of association or collective bargaining;
- recognising and bargaining with the other bargaining representatives for the agreement.
The good faith bargaining requirements do not require:
- a bargaining representative to make concessions during bargaining for the agreement; or
- a bargaining representative to reach agreement on the terms that are to be included in the agreement.
What is a log of claims?
A log of claims (”LOC”) lists the priorities bargaining representatives such as the AFAP would like to see included or addressed in the new EA.
The AFAP began the SH bargaining process by deriving data directly from a SH EA survey completed by members and also through direct feedback from members. The data identified the key priorities that members would like included and addressed in the new agreement, and these key priorities formed the basis of the AFAP SHEA LOC.
The AFAP released the data from the SHEA survey to enable members to make a transparent comparison between the survey results and the LOC. The AFAP then submitted the LOC to Qantas and this LOC has formed the basis of our negotiations with Qantas.
By developing a LOC directly from data derived from the SHEA survey and member feedback, AFAP members can be assured that bargaining representatives negotiate on member identified priorities only.
As we have stated time and again, a log of claims approach is by far the most transparent and positive approach to negotiations your elected representatives can take. It is the mostly widely used, tried and tested, and industrially standard approach, with a proven track record.
Do I have to vote for a new enterprise agreement?
Once the EA has been negotiated, a pilot vote will be conducted. All pilots covered by an agreement are eligible to vote in relation to that agreement. All pilots vote on the same agreement irrelevant of which union they are a member of, or if they are not a member of any union.
At least seven days before the vote takes place, eligible employees will be informed of when, where and how the vote will take place. They will also be provided with a copy of the proposed agreement and any other relevant materials. This is known as the ‘access period’.
An enterprise agreement needs to be agreed upon by a majority of pilots (50% plus one) of those who cast a valid vote. Pilots who choose not to vote are not counted, even if covered under the agreement.
Every pilot covered under their relevant agreement (SH EA or LH EA) should have their say about their terms and conditions of employment and can do so by voting when a ballot is held. Pilots are not obliged to vote however it is important to consider whether you want your voice to be heard. It is also critical that you are informed about the EA on offer and take the time to read materials and attend roadshows provided by the AFAP before voting.
What happens if the bargaining representatives or pilots cannot reach agreement?
In some circumstances the parties involved in bargaining for an enterprise agreement may not be able to reach agreement. Lack of agreement can be by unresolved differences between the bargaining representatives such as Qantas and the AFAP, or it could be between the members and Qantas by way of a no vote on a proposed new EA.
If pilots do not endorse a proposed new EA via a ‘yes’ vote, generally the bargaining parties will reconvene to negotiate and attempt to resolve identified issues in an attempt to reach endorsement from the pilots.
If the parties reach a point where resolution of the issues cannot be reached via negotiation, the parties can seek assistance from the Fair Work Commission to help settle the issue and finish making the enterprise agreement.
What happens if the EA gets voted up?
Once the majority of voters support a new enterprise agreement, the agreement must be lodged with the Fair Work Commission for approval within 14 days of the vote taking place.
The Fair Work Commission (“FWC”) will then review the agreement to ensure that it meets all of the requirements of the Fair Work Act 2009, including the “better off overall test”. This test requires that each employee to be covered by the agreement is better off overall than under the relevant Modern Award, in this case the Air Pilots Award. As part of that process the AFAP will be provided an opportunity to make submissions regarding compliance with the requirements of the Fair Work Act.
When the FWC approves the agreement, Qantas and the other bargaining representatives will be notified and the agreement will come into effect 7 days after approval by the FWC or a later date if one is specified in the agreement.
For any general inquiries regarding this update or other matters at Qantas please contact the AFAP legal and industrial team of Senior Legal/ Industrial Officer Pat Larkins (patrick@afap.org.au), Senior Industrial Officer Chris Aikens (chris@afap.org.au), or Executive Director Simon Lutton (simon@afap.org.au).
Regards,
AFAP Qantas Pilot Council
Michael Egan - Chair
Mark Gilmour - Vice- Chair
Daniel Kobeleff - Secretary
Michael Armessen - Committee Member