(apologies for the length of the document)
Here is a word from a Flight crew member:
While I do see a few items of benefit, I have written the following points down with the view of "if we vote yes to this EBA, what is the worst that the company can do to me". I.e. how hard will I have to work and how poor a lifestyle will I have. Of course there is no guarantee that the company will work you to the max., but we must look at the worst case scenario to get an accurate picture of how life will be in the future.
CAUTION: Please read the note below for section 1.7 regarding explanatory notes.
Section
Para.
Comments
1.3
"…time change of not more than 3 hours from Eastern Standard Time or Eastern Daylight Summer Time" …. Why include both times? It would be more simple to say "Brisbane Time", however using the words that are in the EBA document allows the company much more lee-way in deciding where you can go. E.g. in summer, Perth is 3 hours different from Brisbane (EST) but only 2 hours different from Sydney (ESST). Is the deciding time based on your base or your starting point that day?
1.4
1st
This agreement will be "… progressively introduced with the intention….". No time-scale is given for each stage of the implementation, and no guarantee that it will even be fully introduced in 6 months – this is only their intention. I would expect the longer duty and flight times to be introduced first, well before you as crew get any meaningful access to the PBS for lifestyle. Note also that there is no penalty on the company for not implementing everything within 6 months – why not when you still have no lifestyle?
1.4
2nd
"Virgin Blue and the FAAA shall meet and confer ….". Why do the crew not get any input as to the timing of the implementation??? What if the FAAA representative ‘sells you out’ and allows the company free reign???
1.5
1st
"It replaces and excludes all awards, orders of industrial commissions and industrial agreements …. that would otherwise apply to cabin crew". This seems far too powerful a statement to put in without getting a legal interpretation. What does the company intend to introduce later that they require this all-powerful statement?
1.5
2nd
"It excludes all state laws …..". Why? What about unfair dismissal laws – which are not covered by paragraph 1.8 ‘Anti-discrimination’.
1.6
This paragraph stops you, the FAAA or any other body that replaces the FAAA from "pursuing any additional claims …" This includes allowances that you feel you should be entitled to under changes to your work rules. E.g. the change to 4 cabin crew on an 800 aircraft should have attracted extra allowances due to the extra work, but this paragraph ensures that you cannot claim anything extra. See next point.
1.7
2nd
"…any matter or employment condition whether covered by this agreement or not." Here the company has conveniently allowed themselves to change anything and everything to do with your employment , without any requirement to pay you for it. E.g. they could change your monthly hours to 240 hours and not be required to pay you overtime or anything above a normal salary.
1.7
3rd
NOTE:
This clause states that "explanatory notes" will be made available to assist "in understanding how it (EBA) is to be applied" though not forming part of this EBA. These explanatory notes include the DVD and the FAQ’s that the company has produced, and could also include the company roadshows. With this clause in the EBA, the company is now not bound by
anything said at the roadshows or in the DVD – they will simply say that the example you quote was either "taken out of context", or the person who made the statement "was not authorised to say that". SO DON’T ALLOW YOURSELF TO BE PERSUADED INTO VOTING FOR THIS EBA BASED WHOLLY ON THE INFORMATION GAINED AT THE ROADSHOWS OR IN THE DVD.
2.1
c.i
"To assist in handling challenges and changed circumstances …". Read here ‘how we can work you harder without paying much (if anything) for your additional work’.
2.1
c.ii
"to consider matters brought before it …". It sounds like the CCC will be able to sort out inconsistencies in interpretation and your problems with the EBA, but in actual fact, the CCC has no power at all to fix anything or direct anybody – it only meets to "examine any cabin crew specific issues", not fix them.
2.2.1
A new PBS will be implemented "as soon as possible." Again no fixed time to give you the lifestyle choices you want, and no penalty on the company for not having it introduced before they introduce extended duty hours and more sectors. "As soon as possible" could blow out to 1 or 2 years, depending on the level of importance placed on it by the company.
### Notice the wording of question 15 of the companies FAQ’s. "Should you vote no to this EBA we will decide whether to proceed with the implementation of the PBS". Are they trying to blackmail you into voting ‘yes’ by threatening to withhold the PBS? The basis of the PBS (i.e. Kronos) has been used by Virgin Blue for over two years, so they are not ‘buying a new program’, just paying for an additional feature. Like buying a car, and then later deciding you want a DVD player in it – you don’t need another car, just an adjustment to the current one.
2.2.2
"… we will examine the possible introduction of flexible work arrangements …". This doesn’t bind the company to introduce the flexible arrangements, only to ‘examine the possibility’. They may just as well say that ‘after examining it, the company has decided not to introduce flexible work arrangements’.
2.2.2
"If we elect not to introduce flexible work arrangements …". The company will decide whether or not you will have flexible work arrangements and the level of part time work. Yes they will ‘consult’ with the cabin crew, but then go away and decide what they think is best for the company, not necessarily what you want/need.
2.2.3
"Should we need to make changes …". The need to make changes indicates that the Embraer operation is not really understood by the
VB management, and they want to be able to change anything they feel like in this document to cover for inadequate planning.
2.2.3
"… we will discuss this with you and the FAAA". Any changes that the Embraer introduction requires will be ‘discussed’ with you – but the company won’t necessarily listen to anything you say!
2.2.3
"We will reach agreement with the FAAA prior to making any such changes". Remember, the company is not bound to the rules of this agreement, and can change them at any time just by saying to the FAAA "we need to ….".
2.2.4
"… we will discuss this with you and the FAAA. We will reach agreement with the FAAA ….". The company will discuss their desire to move to composite rosters, but will only reach an agreement with the FAAA, not with you – the people it really affects.
2.2.5
"Should we transfer you to a temporary base, at our direction, ….". There goes any thoughts you had of a lifestyle!! What about that dentist appointment you had, or the wedding you have to attend? Who will look after the children while you are away?
2.2.6
"we will examine the possibility of introducing" annual leave swap. Again, there is no guarantee that this will ever eventuate. Possibly just a ‘carrot’ to encourage people to vote yes.
2.2.7
"We will reach agreement with the FAAA …" about extended pairings. Note that those involved with the extended pairings, (you cabin crew), do not get to vote or discuss this with the company, the FAAA will sign it away on your behalf !!!
2.2.8
International operations will no doubt increase the profitability of the company, yet you get no extra pay for making this possible for the company.
2.3
1st
"… we may need to vary the terms of this agreement." This means that the company can throw out the agreement simply by declaring a "special circumstance". So all the lifestyle, goodwill etc that you had organised suddenly goes down the drain. Why is "special circumstance" not defined anywhere?
2.3
2nd
"… dispensation issued by an accredited representative …". So the decision is simply made by one person in the FAAA, without any discussion with cabin crew or others in the FAAA. Or could a
VB cabin crew FAAA delegate also be called an accredited representative?
2.3
2nd
"Any request for a dispensation will not be unreasonably withheld where it is sought." In other words, the FAAA is now bound by this document to ‘rubber stamp’ any and all dispensations that the company asks for!! Where will it end? Will your pay be cut by dispensation?
2.3
3rd
"… where possible we will provide you …". If time is critical to the company, they don’t even want you to talk to the FAAA representative about the dispensation – just trust the company!
2.4.1
h
Just as the company managers have "a reasonable time frame", i.e. 14 days, in which to respond to your concerns, you also must have the same time to respond to their concerns – why was this not put in the document also?
2.4.4
2nd
"You must also comply with any reasonable direction …". What is the definition of ‘reasonable direction’ and who decides what is reasonable under the circumstances?
2.4.4
2nd
"… other available work, either at the same workplace or at another workplace." So now the company could tell you (not ask you) to make yourself available for ground duties in Sydney, or Adelaide, or anywhere else they feel the need – including the Brisbane city office!
to be continued..........