Australian Airline Pilot: Respected Profession or 'Noose around your Neck'

[theheadmaster]

Originally Posted by RealSatoshi

From another thread, but a good segway to point out what is absolutely wrong with this entire system...

6 Days to go before the QF SH EBA expires, yet no negotiations and no proposal on the table yet...wait WHAT?

An EBA is a contract between two parties - employer and employee - this for the provision of certain services via a specified skillset and to be compensated at a specified rate up to a specified date. One would think that in a First World country, we could negotiate and sign-off a *new* contract (read agreement) before the old one expires

But wait, we can...If you have tenants, you must give them on average a minimum of 60 Days notice before you can increase the rent and/or give them two months notice if you want them to vacate at the end of their contract (or something of that sorts). But yet, knowing very well and 4 yours in advance when an EBA will expire, we do not have the situational awareness to get this done before EBA expiry - no wonder corporate Australia is wiping the floors with us.

Is it all that difficult - No it is Not, but requires a change in the way we think and operate...and who knows, we might just earn some respect for being conscientious and predictable in our actions:

• 6 Months before EBA Expiry: First negotiation meeting must be held
• 1 Month before EBA Expiry: Final feedback to Members with the option to vote for PIA (if required)
• 2 Weeks before EBA Expiry: PIA approval from FWC
• 1st Day after EBA Expiry: New EBA rate implemented or PIA initiated

This will remove a number of the known levers that companies are pulling during protracted EBA negotiations, months or even years after the previous one had expired:

• "Sign now or loose your 11 Months backpay due..."
• While you lot 'negotiate', the company will continue pocketing 5% interest on all the monies owed to you, this with no intention of paying back the interest portion - Drinks in the Chairman's Lounge anyone?

Have you ever renewed your mobile plan and then used it for six months before ringing them up and advising them how much you are actually prepared to pay for the new plan...so why are you allowing your employer to do this with you...?

To Get Better - We Must Do Better

An EBA is not a contract between the employer and the employee. The terms 'contract', 'agreement' and 'award' are related, but not the same.

Tenancy agreements are covered by their own separate legislation.

The timelines for when bargaining must start are stated in the Fair Work Act. For the process to begin before the expiry date, the employer must initiate bargaining. Employees can only begin the process after the expiry date.

Protected industrial action - PIA. The important term here is 'protected'. The 'protection' is that you are immune from civil liability. You get this protection because the Act says you get it. You only get the protection if you comply with the requirements of the Act. The Act says that you cannot take protected action until bargaining fails and the agreement is out of date. If you were to take the industrial action as you describe, it would be unprotected, illegal and you could be sued for damages.