EA Expiry and Re-negotiation
We are writing to provide all Express Freighters Australia (EFA) pilots with an update on recent developments regarding your enterprise agreement (EA).
As you would be aware, the current EFA EA expires at the end of the year (31 December 2024).
What you may not be aware of is that with the latest increase to the Air Pilots Award 2020 (the Award) effective 1 July 2024, the salaries contained in the EFA EA are now below the salaries payable under the Award.
Yes – the majority of EFA pilots now receive a salary less than the Award salary!
With this in mind, on 24 June this year we wrote to the Company highlighting this fact and requesting that bargaining for a new agreement commence as a matter of urgency. A copy of our letter is available here.
Disappointingly, the Company responded with a position suggesting that the 5% all-purpose allowance paid under clause 4.8 of the EFA EA means that they are satisfied that EFA pilots receive income above the Award and that:
“…We are also not currently minded to commence negotiations for a new enterprise agreement in advance of the nominal expiry date of the EFA EA…”
We have responded to the Company position highlighting that their assessment fails to consider all applicable Award related loadings and allowances such as 17.5% annual leave loading (Clause 23.5), night operations allowance (Clause 20.2 (b)) and overseas duty allowance (Clause 22.2 (b)) etc. Accordingly, we requested that they review their position not to commence bargaining ahead of the nominal expiry date (31 December 2024).
On 19 July 2024 the Company responded again confirming:
“…EFA does not therefore propose to commence bargaining in advance of 31 December 2024…”
Your AFAP EFA pilot reps recently met with the AIPA EFA pilot reps to discuss this situation. To say that we are very disappointed with the Company position is an understatement.
It has however hardened our resolve to be fully prepared to take whatever action is necessary to get a fair agreement as soon as possible after the expiry of the current EA.
We are very conscious that in the last round of bargaining the Company fully exploited the opportunities presented by the Covid pandemic. They used it as an opportunity to delay bargaining until such time as significant back-pay had accrued for most EFA pilots. After the initial “No” vote, the Company then used the threat of removing backpay as the leverage to obtaining the sub-standard agreement EFA pilots currently work under.
We are determined not to let this situation occur again.
With this in mind, in the next month or so you can expect to receive another update from us with a survey link asking whether upon expiry of the current EA you would consider moving very quickly to:
- A protected industrial action (PIA) ballot; and/or
- Applying to the Fair Work Commission seeking termination of the current EFA EA.
The other crucial element towards achieving a fair agreement this time around is having a high union density at EFA. Now is the time to encourage all non-members to join so that a reasonable agreement can be achieved.
If you have any questions on the above, please contact us directly or Simon Lutton at the AFAP on (03) 9928 5737 or email simon@afap.org.au.
Yours sincerely
Liam Bottomley, Susha Semenikow and Dean McMahon
AFAP EFA Pilot Representatives