Originally Posted by
Clinton McKenzie
I attended a very convivial (as usual) family get together on the weekend. During a discussion with a mature and intelligent family friend about my partner’s flight to the city where the get together was happening, the family friend made a statement about the sick leave entitlements of air traffic controllers. In context, the family friend was expressing a view about the cause of delays in flights in and out of the capital city in which the get together was happening.
It became clear that the family friend considered the belligerent behaviour of air traffic controllers to be the cause of the problem. The controllers were milking an “unlimited sick leave” entitlement, the family friend said.
That perception was the product of a carefully managed media campaign. A bit like Robodebt and all those bludgers making fraudulent dole claims. Robodebt was merely clawing back money that lazy good-for-nothing nobodies weren’t entitled to and had scammed from honest, hard-working regular Australians.
This kind of nasty
PR path is well-trodden by nasty people, for a reason: It works. Scotty From Marketing knew that.
It may be that some - or, improbably, all - air traffic controllers are defrauding their employer by taking unjustified sick leave. But even if that’s true, that’s a personnel management issue which, if chronic, is a failure of personnel management by Airservices. If most of the air traffic control personnel employed by Airservices are defrauding their sick leave system, those personnel should be investigated, exposed and called to account.
An alternative explanation is that - as with Robodebt - we are witnessing a government agency spreading bull**** so as to cover up its own inadequacies, and other government agencies whose job it is to see through the first agency’s bull**** would prefer not to confront and expose that reality.
Robodebt is not an unfortunate, random event. It’s the natural consequence of what Australia’s public sector has become. Airservices is part of the public sector. So are CASA and ATSB.
Fingers crossed that the diameter of the airspace management roulette wheel remains ‘big enough’.
From the
ATC Enterprise Agreement.
37. PERSONAL LEAVE AND SPECIAL LEAVE – ATC
37.1. The parties to this Agreement mutually agree that the objective of these provisions is to put in place a scheme that continuously reduces the average level of unplanned absenteeism taken per annum and that all parties should co-operate and use their best endeavours to ensure that the scheme operates to achieve that objective.
This collaborative approach acknowledges the legitimacy of paid sick leave where genuine sickness and injury occurs taking account of shift work and regulatory licensing requirements and at the same time, abuse of the sick leave entitlement is not to be countenanced.
Consistent with the provision at clause 4.2 of this Agreement, the clauses of this Agreement will be applied so that they do not reduce the benefits to an employee of the provisions of the National Employment Standard.
37.2. Sick Leave
If an employee is required to hold and exercise an air traffic control licence, they are entitled to paid sick leave as required.
37.3. The scheme includes the process for a systemic review of sick leave usage and may result in a specific review of sick leave for an individual. Such a review will involve both management and an ATC Peer. For this purpose, ATC Peers will be identified by Airservices and other parties to this Agreement to assist in reviews. In conjunction with the other parties to this Agreement, Airservices will develop a training program for both the ATC Peers and Line Managers who will conduct the reviews. The purpose of the review process is to:
(a) identify reasons for extended or continuing absences on sick leave; and
(b) propose options and/or solutions for remedying this.
37.4. The parties to this Agreement acknowledge that non-operational duties will be available if an employee is unable to exercise the privileges of their Class 3 medical and is suitably fit to perform non-operational duties.
37.5. An ATC shall provide a medical certificate from a registered health practitioner or if it is not reasonably practicable to obtain a medical certificate, other evidence in accordance with the Act for absences that are longer than a single day. Absence for a rostered shift, irrespective of the length of the shift, shall be defined as a single day absence for the purposes of these provisions.
37.6. A medical certificate shall not be required for up to eight (8) single day absences due to personal illness or incapacity in any year commencing from the date this Agreement begins to operate. An ATC shall provide a medical certificate for single day absences due to personal illness or incapacity in excess of eight single day absences in any 12 month period. For the purposes of these provisions a single day absence shall include an absence for more than half the nominal shift.
37.7. If an ATC takes 10 days sick leave in a year, with or without certificate, Airservices will notify them of this fact by letter. The letter will invite the individual to contact their manager if there is anything that the employee wishes to discuss regarding their circumstances and/or to seek assistance from Airservices. This does not preclude the employee seeking early assistance from the line manager.
37.8. If an ATC is absent from work due to illness for 15 days or more in any 12 month period, Airservices shall be entitled to conduct a management review of that circumstance and any relevant matters connected with it. Such a review shall involve both management and an ATC Peer who have received appropriate training for the purpose.
37.9. If, following review, Airservices determines that the usage of sick leave is reasonable there will be no further action taken. At this time options for assistance identified as appropriate during the peer review will be offered.
37.10. If Airservices determines that the reasons for sick leave are uncertain Airservices may elect to refer the employee to a DAME for external review of validity of sick leave usage. The DAME review will be limited to ascertaining if absence is justified relating to illness or incapacity to work.
37.11. If as a consequence of receiving a report from the DAME relating to the review, Airservices concludes that sick leave usage is justified there will be no further action taken. At this time options for assistance identified during the peer review will be offered.
37.12. If Airservices considers the sick leave to be unreasonable as a result of wilful misconduct, the employee will be placed on limited sick leave as described in clause 37.14.
37.13. If sick leave usage is determined as unreasonable following either the management/peer review or as a result of DAME review, having regard to all relevant circumstances, the employee will be placed on ‘sick leave review’. Sick leave review is a process whereby the ATC’s usage of sick leave will be monitored for a three month period. During this time, Airservices will assist in any recuperation deemed necessary, but may also take action to reduce the employee’s usage of sick leave including but not limited to, requiring medical certificates for all absences and the option of non- operational duty. If, at completion of this period, sick leave has fallen within reasonable usage no further action will be taken.
37.14. If, following the sick leave review period, the level of absenteeism has not reduced, a further interview will occur and additional measures may be considered. If, after this period, the level of ongoing usage of sick leave is unreasonable, an employee may be placed on limited sick leave accrual of 15 days paid sick leave per annum for a 12 month period. An employee in this circumstance may be required to produce a certificate for all sick leave absences.
37.15. During the period of limited sick leave, sick leave beyond 15 days may be approved at management discretion. Where there is a genuine long term illness or incapacity, management approval will not be unreasonably withheld.
37.16. If, after 6 months from the commencement of the ‘sick leave review period’, sick leave usage is still unreasonable, disciplinary or fitness for duty processes may be taken.
37.17. An employee can contest the reasonableness of their placement on sick leave review and/or the measures put in place as part of the review, through the Employee Grievance Board.
37.18. This sick leave scheme does not replace Airservices existing attendance and behaviour management systems.
37.19. Special Leave
(a) If an employee is required to hold and exercise an air traffic control licence, an employee may be granted paid leave of up to three (3) days in any 12 months period for special reasons that include:
(i) Moving house;
(ii) Emergency domestic situations;
(iii) Natural disasters;
(iv) Domestic partner to attend the birth of a child;
(v) Family accident or incident; or a
(vi) Special family or cultural or religious event.
(b) An additional three (3) days leave may be granted in any 12 months period in relation to any of sub clauses (i) – (vi) above.
(c) Each case for approving leave under this clause will be considered on its merits, and leave will only be granted for the period necessary to overcome the circumstances.
37.20. Carer's leave
An employee can use 10 days each year from their personal leave for caring purposes as defined in the National Employment Standards contained in the Act.
37.21. Unpaid Carers leave
An employee (including a casual employee) may take up to two (2) days unpaid leave for each occasion where a member of an employee’s immediate family or household requires care or support because of personal illness or injury, or an unexpected emergency, if an employee has exhausted their paid personal leave entitlement.