AFAP Qantas Pilot Council Briefing No.15
A friendly reminder, if you are not yet a member but would like to receive our briefs, please email: membership@afap.org.au with the subject line “Please add me to the QPC mailing list”.
Long Haul Update
While most of the discussions on the line and in public forums have surrounded the short haul EA, our long haul team have been preparing for EA negotiations and dealing with the usual day to day representative matters, including some persistent issues.
Duty Travel
One such issue is the incorrect application of the Long Haul EA in relation to duty travel. The AFAP have been advised of a number of instances where crew have been asked or pressured to pax home via another port and/or in a lower cabin class as a result of commercial over sale.
Having a sound understanding of your EA entitlements is important. The AFAP have a robust grievance procedure to assist with addressing such issues as they arise. The first step if you believe you are being asked to perform, or are rostered for a duty inconsistent with your EA entitlements, is to contact AFAP legal (Pat Larkins, Chris Aikens or Simon Lutton) on 03 9928 5737 or via email to patrick@afap.org.au, chris@afap.org.au or simon@afap.org.au.
Unfortunately, Company schedulers and the Company up-line disruption personnel are not always cognisant that a duty they are proposing may be in breach of the EA. We are currently working to expand the AFAP team specifically dedicated to dealing with rostering and scheduling issues.
Long Haul EA Negotiations
We have been in contact with Qantas in preparation for Long Haul negotiations. Our LH survey will be released shortly. Our log of claims will be developed directly from the survey data, and as such we have worked hard to make sure we capture as many member issues as possible.
It has been encouraging to receive so many emails and phone calls from people offering productive advice and ideas. This level of AFAP membership engagement is precisely what we need to understand where the membership are at. We have been pleasantly surprised by the level of input being provided by non-members and the volume of non-member requests for survey participation.
Although serving our members is a priority, understanding the broader pilot body and their needs as a whole will assist in improving our industrial and professional representation.
Membership Growth
The past two weeks have seen substantial growth in our membership, far exceeding our expectations. For those curious about joining, there is a very brief FAQ document addressing a few of the more common questions here.
If you would like further details about AFAP representative and professional services, you can contact the AFAP on the details below.
Consultative Meetings
As we now represent a substantial portion of the mainline pilot body, we have requested regular meetings with Doug Alley and other Company representatives to productively and efficiently address the myriad of issues members face. Doug has advised he will get back to us on whether or not the meetings will take place. It is common practice for union representatives to meet with companies in this manner.
SH EA Update
We have provided continuous and transparent updates throughout the EA negotiation process. We will continue to provide these dedicated updates and a detailed analysis of the Company’s offer as we approach the ballot, due to close the day before the annual results.
It is worth briefly re-visiting the duty travel entitlements discussion. We have been advised of some sentiment surrounding the first class duty travel entitlement, with some suggesting because this is an infrequently used entitlement, it is of little value.
This is a myopic view that fails to appreciate the bargaining context. Not only is this an extremely high value item to the Company, but there are a myriad of unintended consequences of freely trading it that many pilots may be unaware of.
By dramatically lowering the cost of positioning crew, there is concern the Company may significantly increase the use of positioning sectors. This could hypothetically have further flow-on effects from changing resource requirements in some bases, to affecting pay and time away from home.
Another factor worth considering is the large and increasing portion of training being performed overseas. Currently the Company is sending more of its training offshore than at any other time in its history. The existing agreements across both hauls largely do not account for offshore training, and pilots are left with limited protections while the Company benefits from increased flexibilities as a result.
Ultimately first class duty travel makes needless paxing unsustainable and forms a level of protection for pilots. Some EA items, beyond their immediately identifiable benefit, manifest further as a protection from undesirable duties. It is therefore the QPC’s position that ‘infrequent use’ is an inadequately justifiable reason to use this entitlement as an offset with so little in return.
Network Aviation Interim Decision
On Friday 12 July, the Fair Work Commission handed down an interim decision regarding what is an “agreed term” when EA negotiations reach the intractable bargaining (IB) stage. That decision is available here.
The AFAP argued before the Commission, in line with previous cases, that no terms were agreed unless the whole package was agreed. This argument was put forward to the FWC by the AFAP in an attempt to protect NA pilots’ democratic choices as to the future of their EA given the pilots repeated rejection of all the Company’s EA offers.
Network Aviation (Qantas’ subsidiary), AIPA and the TWU joined together to argue that only 11 terms were “unagreed” to by their respective bargaining representatives, despite the pilots voting down the proposed agreement on each occasion.
The Fair Work Commission (FWC) sided with Network, AIPA and the TWU, despite AFAP external and internal legal teams best efforts. As such, there is now a risk that union actions and decisions (bargaining representatives agreeing to in-principal agreements) may “lock in” terms that the Fair Work Commission will rely upon later in IB determinations.
Given the Network decision was handed down on 12 July, Qantas and AIPA certainly should have taken their time and strongly considered the potential implications on the recent SH EA negotiations and endorsement. The AFAP is concerned about the potential implications on the SH negotiation. The AFAP QPC is also concerned that if the impact of this legislation and decision was not fully understood or considered by AIPA, processes may have been rushed. Rushed processes do not serve the best interests of the pilot body.
As stated, the QPC reaffirms its position that the terms of the proposed SH EA are not acceptable. We note that while “agreed terms” may be “locked in” when it comes to IB, other terms where no agreement has been reached between Qantas and a union (backpay for example) remain “live”.
Importantly, the AFAP QPC’s position is that we have not agreed to any terms suggested or offered by Qantas or AIPA, and we would defend this position strongly in the FWC if IB were to occur. Every legal matter is different and will be ruled by the FWC based on the specifics of that particular matter.
It should be noted that as with other legal matters, the legal position of different organisations will vary, influenced by many factors, including their particular strategy. It is our position that with any complex ruling like this, time should be taken to fully digest and dissect the potential implications moving forward.
The QPC will always take the most considered, informed and measured approach possible to all negotiations and legal matters and we will defend the rights of our members strongly and transparently.
24/7 Emergency Incident Hotline
Members are reminded of AFAP’s 24/7 accident and incident emergency hotline. The AFAP provides 24/7 support and representation to members in the event of a local or international accident or incident.
The AFAP can provide representation at any post-incident inquiry. Industrial/legal representatives are available to accompany you to interviews conducted by your employer, the Australian Transport & Safety Bureau (ATSB) and/or Civil Aviation Safety Authority (CASA).
Through the AFAP’s affiliation with the International Federation of Airline Pilots’ Associations (IFALPA) our members have access to on the ground support provided by IFALPA organisations in overseas ports.
In the event of a local or international accident or incident, members should follow the checklist below:
- Ensure welfare of yourself, passengers and crew.
- When able, contact the AFAP hotline on +61 459 747 757. It is important to keep the AFAP in the loop early. Seek advice on any written report you are required to submit and counsel on next steps.
- Comply with DAMP. Operators will require DAMP testing as per their DAMP program. Once informed of the requirement to undergo a DAMP test, do not leave premises until the test has been conducted, unless otherwise advised. If you are not informed of a requirement to DAMP test, you should advise the Company of your intention to leave the airport.
- Comply with reporting obligations. Refer to Company manuals and your requirements to report to the ATSB. AFAP legal can assist with written reports and understanding your requirements.
- See a doctor. You are encouraged to seek medical attention, even if you are not physically injured – you may be in a state of shock.
- Call AFAP Member Assistance Program (MAP) for free and confidential counselling on 1300 307 912.
For any inquiries regarding Short Haul bargaining 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