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Old 20th Mar 2007, 21:47
  #357 (permalink)  
KittyBlue
 
Join Date: Sep 2006
Location: Australia
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3.1
3rd
"…. disrupted by a variety of factors beyond our control." This is far too wide-ranging and should be limited to certain defined events.
3.1
3rd
"… your roster may need to be changed in order for us to meet our operational requirements." There must be limits placed on the company as to what they can and cannot change – otherwise there is no point in having a roster, and the PBS is a complete waste of time as there is zero guarantee of lifestyle.
3.2
2nd
"You must also carry out all reasonable directions of a Supervisor or Manager." This sentence allows ANY supervisor (cabin crew, check-in, or whatever) to direct you to do a task. (Could that also involve assisting the pit-crew?)
3.3.1
iv
"duties that are peripheral or incidental to the work of ….". These duties MUST also be defined so that you can know what it is that you may be asked to do.
3.3.1
3rd
"This means that your duties and responsibilities may also change.". So there can be all sorts of changes to your duties, over which you have no control, yet you are prohibited (by paragraph 1.6) from asking for additional pay for these additional duties – does this sound fair to you?
3.3.2
1st
"… various duties which include, but are not limited to the following:". In other words, you are the general kitchen hand, toilet cleaner, typist, messenger e.t.c. for everyone in the office while on airport reserve.
3.3.3
a
"How you perform when you act up …. will be taken into consideration …". This sounds to me like a carrot to try and make you think that they will favour you for promotion.
3.5.1
3rd
"… a high degree of commitment and flexibility is required." There goes your lifestyle again, as they suddenly ‘require’ you to come in on your days off to conduct training or checking that should have been rostered properly.
3.6.1
2nd
"If not, then we may exercise our right to end the employment relationship ….". This contradicts the sentence at the start of section 3.6 (i.e. We will provide you with facilities to reach and maintain …..")
3.6.2
1st
"A duty may be changed in order for you to undergo training or assessment." This is an unreasonable requirement. When undergoing assessment, it is not too much to ask that a reasonable notice is given, e.g. two weeks. This should fit easily into the normal rostering system. Anything shorter must only be with your consent. See the companies aim as stated in the next paragraph – this completely contradicts this paragraph, so why is it in here?
3.7
3rd
"If not, then we may exercise our right to end the employment relationship ….". This contradicts the sentence at the start of section 3.6 (i.e. We will provide you with facilities to reach and maintain …..")
3.8
e
"There will be times outside these specific periods where we may need to contact you ….". So now you find that you are effectively on call 24 hours per day, 365 days a year – this sounds like a great lifestyle improvement !!
3.9.1

"These expectations are set out in … our policy and procedures and operational manuals.". Remember that changes to these manuals do not require the approval of the FAAA or the cabin crew themselves.

3.9.4
a
"It may also mean warning you that a continuation may lead to the termination of your employment." What about the training promised in paragraph 3.6??
3.9.4
e.i
"We may elect to do this verbally or in writing." Any issue raised by the company that may affect your continued employment, or disciplinary action MUST be in writing – otherwise you have no evidence that the matter has been satisfactorily dealt with,
3.9.6

They neglected to include a sentence stating that nothing will be recorded on your file about an ‘anonymous report’.

3.9.7

"You may be displaced from your duties or required to attend work ….". Does this mean that the company can ask (tell) you to come in on your day off to attend one of these meetings?? It sure looks like it. What did you say about lifestyle?

3.11

Why must cabin crew bear the cost of Visas that the company requires you to get. This is a company responsibility.

3.13
a
"We have the right to transfer you between bases ….". Why should they? No indication is given here of how much notice they have to give, and why can’t you refuse the transfer for family reasons? This is a grossly unfair statement. NB: the pilots EBA also had this in it, and I was told by Michael Young, General Manager Aircraft Operations, that "it is not in the company’s interest to force people to move", yet he wouldn’t say why they wanted it in! That makes me very suspicious of the company’s real intent.
3.13
c.iii
Storage of goods for up to 30 days is not a reasonable time-frame. What if the place you rent is fully furnished? Why should you wear the added cost of storage?
3.13
c.v
The company will fly your family to their ‘new home’, yet no mention is made of flying you there !!
3.13
d
"Prior to transferring our cabin crew from one home base to another, we will consult with the FAAA." This means that the company will TELL the FAAA that they are about to transfer crew. Whoopee, that’s a relief !!
3.13.1

"…. unless otherwise agreed with you." So what say do the cabin crew actually get in this discussion? What happens if the company wants you to transfer for 28 days but you only want to transfer for 7 days????????

3.14

"Cabin Crew members may be employed ….. a number of categories, which include but are not limited to those set out below:" This means that they could employ ad-hoc cabin crew from overseas countries on terms not spelt out here – e.g. reduced pay and conditions, which then puts pressure on your conditions of employment.

3.14.2
2nd
"These positions (temporary part time) will be available until we either …… these positions will become permanent part time.". How does that work? 5% are permanent part time, and 8% are temporary part time – does the permanent part time percentage increase to allow for these extras? Nothing is written here to indicate that, so I assume that some part timers are going to have to back to full time!
3.14.6

"Maximum term contracts". This term is not defined anywhere in this document, so what does it mean? Does your understanding of the definition agree with the company’s? Can they change their understanding of the phrase?

3.15
h
"… In light of the nature of our operation, this must be taken at a time that is convenient to us." S not only have you been made redundant, but you cannot go to a job interview at a time that suits your new employer, you still have to fit in with VB !! What utter stupidity.
3.16.2
2nd
"Severance pay will not be paid where we arrange an offer of reasonable alternative employment for you." Who decides what is reasonable to you??? The company, of course.
3.17
1st
"Should an event …." Any reasonable document would have some sort of definition here as to the ‘event’.
3.17
2nd
"… we may direct you to stand down with pay, on a pay reduction or without pay." Who decides how much the pay reduction will be? Why is that not stated?
3.18.1
3rd
"This benefit is inclusive of any Workers compensation …". The word ‘inclusive’ should be ‘exclusive’. The company is being rather tight-fisted in not wanting to cover you with adequate life/death insurance. After all, $150,000 cover is not very much, so why can’t you get this in addition to workers comp., e.t.c?
3.18.2
c
"This benefit will be payable in the event of your death whilst flying the last sector into or the first sector out of any warlike area." Why does it only apply to these two sectors? Why not to all sectors? I can imagine the field day that an insurance company will have with this statement, and it is your family that will have to fight for it while grieving.
3.19
4th
"… and failing such nomination it will, at our discretion, …" Do you trust this company to exercise their discretion in relation to the payment of your salary while to are interred (gaoled) in a foreign country?
4.1.1
b
Why is your salary increase limited to 5%? If the CPI goes to 7% then you are losing money very quickly, and judging by this EBA, you will never get it back.
4.1.1
c
The 5% above must be traded for "further productivity gains". What have you got left to give?
4.1.1
e
"The 3% salary increase for 1 September 2006 has already been paid." This does not, an any way oblige you to accept this new EBA. The company told us that they were paying the 3% in good faith!! Not so that you would feel obliged to accept their indecent offer.
4.1.5
b
The productivity payment will be paid once there is implementation of this agreement. The full implementation could take 6 or 12 months, maybe longer, so you might be waiting a long tome for this payment.
4.1.6
a
"….subject to specified performance targets being met …". Who sets these performance targets? Are they reasonable? How do Cabin Supervisors know how everyone is going? This is not a very transparent system, and is open to abuse by the company.
4.2.4
a
"We will aim to provide you with a break …". But if you don’t get one, when doing 7 sectors in an 11 hour day, it is just too bad!!
4.2.4
b
No provision is made for busy sectors where there is no time for a break.
4.2.4
c
A rest break is here defined as being "free from all duty". So you can’t have a break while stowing the catering. And if you are interrupted in your break by a pax wanting something, then you really haven’t had a break at all.
4.2.4
e
"Time on the ground" for rest. See the item above.
4.2.9
a
Overtime cutting in at 10 hours 30 minutes is not even halfway reasonable ! Lets get back to the real world and bring it in at 8 or 9 hours.
4.2.10

Annual leave loading of 11.67%. The majority of shift workers get 17.5%, so why shouldn’t you????

4.2.11

This is a legal requirement, not a concession by the company.

4.4
1st
Why is there not a limit as to how much money the company can take out of your pay to make up for their overpayment? You might end up only getting $100 for your fortnights work because the company has taken the rest.
5.0
4th
"Additional leave may be provided …". But paragraph 1.5 says that this document ‘excludes’ all state laws. This sentence is obviously not valid.
5.1.5
b
You lose a days pay as well as losing a day of personal leave! This is a double penalty. I wonder if this is actually legal??
5.1.5
c
Another double penalty.
5.1.5
d
You must provide your certificate on your first day back. But para’s b and c said you have seven days to produce the certificate.
5.1.5
e
So now the company is better equipped, trained and qualified than your own Doctor, in deciding if you are genuinely ill. Your GP will have fun with this when you tell him that the company doesn’t believe him – is it slander???? What moron wrote this??
5.1.6
a
If you work you work 90% of your duty and then go sick, the company adopts the attitude that you haven’t done anything that day, and takes a day off your personal leave!!!!!
5.2
b
If directed by the company to attend a doctor, the company should pay the bill (as most companies will), yet there is no mention of that here.
5.4
c
"URTI leave is not cumulative like personal leave." This contradicts the previous paragraph which states "… you may access up to 6 days leave per year of service."
5.7.2
b
Current industrial laws permit you to accrue up to 10 weeks leave before the company can force you to take it, so why do they want to limit your lifestyle here by reducing your accrued leave to 4 weeks?
6.2.2
b
Only 4hrs 38 mins duty credit for leave taken, yet if to divide 135 hours (see para 6.2.1) by 18 working days per ‘month’ (28 days-10 days off) you get an average of 7.5 hours per day. Now you have to work harder for that part of the month you are not on leave!! Another lifestyle bonus!
6.2.2
c
"…. where you are Subject to Operational Clearance (SOC) as defined by us." This is not at all transparent, and is open to abuse by the company.
6.3

But when will the PBS be operational? NO promise is made by the company regarding this.

6.4.1

"You may agree to work beyond 130 hours in a roster." But the roster is built to 135 hours, so how does that work – I guess the company can just ‘assume’ that you want to work more.

6.4.2
a
"You may be required ….". Another lifestyle inhibiting section. Who wants to get drafted?
6.4.2
g
You can tell crewing that you ‘prefer’ not to exceed your 130 hours, but you can’t say no to further duties. This is no guarantee of a lifestyle.
6.4.4
d
This means that you can pax BNE-MEL-BNE with a 9 hour training day in MEL !!
6.4.4
e
So you can do 135 duty credit hours plus two 9 hour days, taking the total up to 153 hours for the month (excluding any paxing for the ground duties). How easy is that !!!!!
6.4.4
f
This reduces your hours, so that you do 140 duty credit hours plus 9 hours non credit training plus paxing (if necessary).
6.5.1

Even just contemplating cabin crew doing more than 5 sectors shows that the company really doesn’t understand the environment you work in. And they say that safety is important ??????????? I’m lost!

6.5.5

What pressure will the company exert on its employees to get them to "agree" to work an extra 2 hours???

6.5.6

12 hours duration here contradicts para 4.4.d. Or are they thinking up other ground duties for you to perform??

6.5.7

"This is intended to provide you with an opportunity to have a rest break." I have been on flights of greater than 1hour 45 minutes where no-one has had time to have a rest break because of demanding customers. So now you can do more than 5 sectors in 11 hours with no rest break! How safe are you then??

6.5.9

No lifestyle here, where a duty is rostered over whatever spans the company feels like.

6.6
e
These cumulative duty hour limitations are far from realistic.
6.7.1
a
A late finish duty should be 2200 to 2359, and a night duty 0000 to 0459.
6.7.1
b
"In the unlikely event that this occurs we will consult with you ….." and no doubt put pressure on you to continue.



....... I have not compared your current EBA to this one, so have not commented on the pay scales e.t.c., except to note that in the first FAQ booklet handed out, the company seems to be of the opinion that you don’t want a pay rise. This is almost impossible to believe – who were they really talking to? I trust this has been of some help. From what I have read of this document, it is certainly no better, and some would say much worse, than the one voted down by the pilots.
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