151153012
Safety Net Agreement 2008
i
AGREEMENT OBJECTIVES AND APPLICATION 1
1. TITLE 1
2. PARTIES 1
3. APPLICATION 1
4. HOW WE WILL WORK TOGETHER 2
5. DURATION 3
6. CONSULTATIVE COMMITTEE 3
7. NO EXTRA CLAIMS 3
OPERATIONAL PROVISIONS 4
8. EMPLOYMENT FLEXIBILITY 4
9. CONDITIONS OF EMPLOYMENT 4
10. TRAINING AND INDUCTION 5
11. REPORTING 5
12. DUTIES 6
13. HOURS OF WORK 6
14. ROSTERS 7
15. MANUALS AND OPERATIONAL DOCUMENTATION 7
16. CONTACTING YOU 7
17. DAYS OFF 7
REMUNERATION 7
18. SALARY 7
19. INCENTIVE/PROFIT SHARE 8
20. SUPERANNUATION 9
21. WHAT YOUR SALARY COVERS 9
22. PAYMENT OF SALARY 9
HOME BASE AND OVERNIGHT ARRANGEMENTS 9
23. HOME BASE 9
ii.
24. ACCOMMODATION 9
25. OVERNIGHT MEAL AND INCIDENTAL ALLOWANCES 9
LEAVE 10
26. ANNUAL LEAVE 10
27. PERSONAL/CARER’S LEAVE 10
28. URTI LEAVE 11
29. PARENTAL LEAVE 11
30. LONG SERVICE LEAVE 11
31. UNPAID CARER’S LEAVE AND PAID COMPASSIONATE LEAVE 11
32. CONTINUITY OF SERVICE AND LEAVE ACCRUALS 11
REGULATORY MATTERS 12
33. CASA REGULATIONS 12
34. ASIC 12
35. PASSPORTS AND VISAS 12
36. INDEMNITY 12
HEALTH AND SAFETY 12
37. SAFETY AT WORK 12
38. HEALTH AND FITNESS 13
PERFORMANCE 13
39. MANAGING PERFORMANCE 13
FAIR TREATMENT PROCESS 13
40. PROCESS 13
41. ROLE OF THE AIRC OR AGREED THIRD PARTY 14
42. YOUR RIGHTS DURING THE PROCESS 15
43. CONTINUATION OF WORK DURING THIS PROCESS 15
OTHER PROVISIONS 15
44. POLICIES AND PROCEDURES 15
iii.
45. UNIFORMS 15
46. INSURANCES 15
47. STAND DOWN 16
48. LEAVING V AUSTRALIA 16
49. VIDEO SURVEILLANCE 17
50. PROPERTY 17
51. CONFIDENTIALITY 17
52. PERSONAL INFORMATION 18
53. MEDIA STATEMENTS 18
54. NO POACHING 18
55. SIGNATORIES 19
1
AGREEMENT OBJECTIVES AND APPLICATION
1. TITLE
This agreement shall be known as the V Australia Safety Net Agreement 2008
(Agreement).
2. PARTIES
The parties to this Agreement are:
(a) Virgin Blue International Airlines Pty Ltd (V Australia); and
(b) The following employees of V Australia:
(i) Check and Training Captains;
(ii) Training Captains;
(iii) Captains;
(iv) First Officers;
(v) Cruise Relief First Officers (with Airline Transport Pilot’s Licence);
(vi) Cruise Relief First Officers (with Commercial Pilot’s Licence);
(vii) Flight Managers;
(viii) Cabin Leaders; and
(ix) Cabin Crew (Levels 1 and 2),
(collectively, Employees).
3. APPLICATION
3.1 This Agreement applies to V Australia and the Employees.
3.2 To personalise the terms and conditions of this Agreement, Employees may be referred to
as “you” or “your” and V Australia as “we”, “us” and “our”.
3.3 This Agreement contains the complete statement of mutual rights and obligations as
between V Australia and the Employees to the exclusion, to the full extent permitted by
law:
(a) of all other awards, agreements or other like instruments (Other Industrial
Instruments) including those:
(i) which might be in force and bind any organisation party to such Other
Industrial Instruments; and/or
2.
(ii) which might otherwise apply to the parties to this Agreement and/or the
work which is being carried on in respect of the business of V Australia;
(b) save only for such terms and conditions applicable by reason of the contracts of
employment between V Australia and the Employees which are consistent with this
Agreement.
3.4 It is the intention of the parties that this Agreement will operate consistently with
paragraph 3.3 above.
3.5 It is also the intention of the parties that this Agreement will operate as a minimum safety
net, the terms of which cannot in any circumstances be undercut.
3.6 To avoid doubt, V Australia may provide terms and conditions of employment that are
consistent with and/or more favourable than those contained in this Agreement. Those
other terms and conditions may be contained in individual employment contracts and/or
company policy. This Agreement does not affect the enforceability of those other terms and
conditions of employment in any way.
3.7 This Agreement is stand-alone and has been developed by the parties to reflect and
accommodate the specific circumstances of V Australia.
3.8 To avoid doubt, this Agreement does not apply to:
(a) employees engaged by an entity other than V Australia;
(b) V Australia management;
(c) Flight Operations Management, Management Pilots, Cabin Crew Management and
Cabin Crew Development Managers;
(d) V Australia clerical and/or administrative staff;
(e) V Australia head office staff;
(f) People who perform engineering work for or on behalf of V Australia;
(g) People who perform ground handling work for or on behalf of V Australia;
(h) People who perform guest relations work for or on behalf of V Australia.
4. HOW WE WILL WORK TOGETHER
It is the parties’ intention that during the course of employment, they will work together to
develop and implement processes and systems consistent with the following principles:
(a) Employment at V Australia will be in a safe and healthy workplace where every
Employee should expect to work without injury;
(b) There will be open and effective employee relations based on flexibility, mutual
respect and recognition of the contribution and performance of all;
3.
(c) The parties will work together as a team through effective and open
communication, consultation and participation;
(d) The parties will identify and implement opportunities for sustaining and improving
the V Australia business in terms of profitability, Employee engagement and
productivity;
(e) Employment at V Australia will be a means of improving Employees’ skills and
deliver job satisfaction in a way that is consistent with meeting V Australia’s
business outcomes; and
(f) The parties will work together to deliver the following Vision and Mission:
“Vision
Take to the world a new, exciting, trusted and profitable Australian international
airline, powered by passionate people who care for everyone we touch.
Mission
We understand the different needs of our valued guests through every part of their
journey. We strive to make a positive difference by delivering a safe, reliable,
innovative and consistent product at value for money prices in a unique Australian
style.
Our people are our competitive advantage. They will be treated with respect,
supported and encouraged. We will harness their spirit to foster a work
environment embracing loyalty, vibrancy, personal pride and fun.”
5. DURATION
This Agreement commences operation on the date specified in the notice from the
Workplace Authority Director (refer section 346M of the Workplace Relations Act). The
nominal term of this Agreement will expire on 30 June 2012.
6. CONSULTATIVE COMMITTEE
6.1 A Consultative Committee will be formed 6 months prior to the expiry of the nominal term
of this Agreement.
6.2 The Consultative Committee must comprise equal representation from each of the Flight
Crew and Cabin Crew groups covered by this Agreement and V Australia management.
6.3 The Consultative Committee will be tasked with collating information about the operation
of this Agreement during its nominal term (e.g. feedback from Employees covered by this
Agreement, feedback from other team members, things that worked well, things that need
improving or updating etc).
7. NO EXTRA CLAIMS
7.1 The parties agree that this Agreement satisfies all claims against V Australia in respect of
the employment of the Employees.
4.
7.2 It is a term of this Agreement that the Employees will not support or advance any other or
extra claims against V Australia for so long as this Agreement remains within its nominal
term.
7.3 It is also a term of this Agreement that the Employees will not engage in any industrial
action in support of or for the purpose of advancing any other or extra claims against V
Australia for so long as this Agreement remains within its nominal term.
OPERATIONAL PROVISIONS
8. EMPLOYMENT FLEXIBILITY
8.1 V Australia is committed to providing flexibility in its employment arrangements. V
Australia recognises that flexibility in this context is essential to cater for individual
circumstances (e.g. family responsibilities and work life balance) and operational needs.
8.2 To help achieve this flexibility, the parties recognise that there are no restrictions on the
types of employment that can be used. For example, Employees may be employed on a
full-time, part-time or casual basis and/or may be employed on a permanent, fixed term or
fixed task basis or for a maximum period (e.g. up to x years, terminable earlier on notice).
8.3 If you want to change your employment status (e.g. from full-time to part-time), you should
raise this with your manager who will work with you to explore the options that are
available or may be available in the future.
8.4 We cannot change your employment status (e.g. from full-time to part-time or visa versa)
without your agreement.
9. CONDITIONS OF EMPLOYMENT
Your employment at V Australia is subject to the conditions set out below:
For Flight Crew
(a) You providing us with suitable written evidence that you hold an appropriate
Australian Pilot’s licence with:
(i) an Endorsement/Type Rating appropriate to the position you have applied
for/are employed to perform;
(ii) an English Proficiency rating of Level 4 (with a view to moving to Level 6
in the future);
(iii) a current Class 1 medical certificate;
(iv) an Instrument Rating appropriate to the position you have applied for/are
employed to perform;
(b) Satisfactory completion by you of a V Australia Operator’s Proficiency Check;
5.
(c) Satisfactory completion by you of an induction course at a time and place specified
by us; and
(d) Any other matter or matters as determined by us from time-to-time, provided they
are advised by us to you in advance.
For Cabin Crew
(a) You providing us with a suitable Senior First Aid certificate;
(b) You providing us with a suitable Responsible Service of Alcohol certificate; and
(c) Any other matter or matters as determined by us from time-to-time, provided they
are advised by us to you in advance.
For both Flight Crew and Cabin Crew
(a) If requested by us, receipt of written confirmation from a suitably qualified medical
practitioner (who may be nominated by us) that you have not tested positive to
drugs or alcohol in a pre-employment drug and alcohol test;
(b) You holding a valid Aviation Security Identification Card as issued by us;
(c) You holding a valid passport;
(d) After the commencement of your employment, you holding applicable visas that
enable you to enter each port into which V Australia flies.
10. TRAINING AND INDUCTION
10.1 You will be provided with on-the-job training by other members of V Australia and/or by
external training providers. You are required to attend that training. If you feel that you
need particular training in order to properly carry out your role, you should speak with your
manager who will discuss with you the options that are available or may be available in the
future.
10.2 We may make individual arrangements with you about the costs associated with the
provision of training and induction (for example, salary sacrifice arrangements for
endorsements for Flight Crew, bonding arrangements for Flight Crew, obligations on Flight
Crew to repay all or part of the training and/or induction costs if they resign or their
employment is terminated because of misconduct within a certain period etc).
10.3 Ongoing employment at V Australia is subject to you completing all relevant training and
induction to a level satisfactory to V Australia.
11. REPORTING
11.1 Information about who/which position you will report to at V Australia will be outlined in
your offer of employment. For ease of reference, that person/position is referred to as ‘your
manager’ throughout this Agreement.
11.2 We may change your manager and the reporting structure at V Australia at any time. If
there is a need to do this, we will discuss that with you in advance.
6.
12. DUTIES
12.1 You are expected to be proficient in the performance of your duties at V Australia. Your
duties in this context include compliance by you with all V Australia policies and
procedures and the applicable procedures of each port into which you fly.
12.2 You are required to perform the duties and meet the standards of performance and conduct
that are communicated to you from time-to-time. Without limiting these obligations, you
are required to:
(a) Perform such duties that are reasonably required of you from time-to-time;
(b) Exercise reasonable skill and care in performing your duties;
(c) Commit your efforts to furthering the interests of V Australia;
(d) Comply with all directions and instructions given or issued to you by us;
(e) Cooperate with V Australia management in relation to any issues concerning your
employment including making yourself available both during and outside rostered
hours to discuss any issues with management;
(f) Act honestly and in accordance with V Australia’s values and standards of
behaviour and conduct;
(g) Conduct yourself in a professional and responsible manner whilst engaged in any
activity connected with work;
(h) Take all reasonable steps to protect our property and not damage, steal or otherwise
deal with our property in a manner which is inconsistent with this obligation; and
(i) Comply with all legislation and regulations that are relevant to your role.
12.3 We also must act in a way consistent with the above.
12.4 We may request that you perform duties for our related entities, including but not limited to
Virgin Blue Airlines and Pacific Blue Airlines.
12.5 More information about the duties and responsibilities specific to your role will be made
available to you when you commence employment and thereafter, as required during your
employment. If you have any questions about these matters, you should speak with your
manager.
13. HOURS OF WORK
13.1 V Australia operates in a 24 hours, 7 days a week industry. You must be ready, willing and
able to work within a 24/7 roster, including night and day operations on any day or
combination of days, including Saturdays, Sundays and Public Holidays.
13.2 You will not be rostered more than an average of 38 hours a week. This period is averaged
out over a calendar year.
7.
14. ROSTERS
Rosters for the following roster period (currently 28 days) are normally available seven
days prior to the commencement of the roster period.
15. MANUALS AND OPERATIONAL DOCUMENTATION
15.1 A set of V Australia manuals and documentation will be issued to you at your induction
course.
15.2 It is our policy to publish crew manuals on CD-ROM or other electronic means (e.g. on the
intranet) wherever possible.
15.3 You are required to have access to the internet while off duty (except where you are on
extended leave).
16. CONTACTING YOU
You must provide us with a telephone number (preferably a mobile number) at which you
will be contactable during and outside of working hours. You must also provide us with an
emergency contact phone number (e.g. your home phone or the number of a relative or
friend).
17. DAYS OFF
17.1 If you are a full-time Employee, you are entitled to 9 days off per roster period (on the basis
of a roster period being 28 days). If you are a part-time Employee or employed on flexible
work arrangements, you will receive a pro-rata entitlement.
17.2 Unless otherwise agreed with you, days off as detailed in clause 17.1 will be given at home
base.
REMUNERATION
18. SALARY
18.1 If you are a full-time Employee, your starting salary will be no less than the applicable
salary set out below:
Classification Salary
Check and Training Captain $175,000 per year plus an additional 16% of this
amount for time spent performing check and/or
training duties.
Training Captain $175,000 per year plus an additional 10% of this
amount for time spent performing training duties.
Captain $175,000 per year.
8.
First Officer $114,000 per year.
Cruise Relief First Officer
(with Airline Transport Pilot’s
Licence)
$42,800 per year up to the successful completion
of simulator checks and then $53,500 per year
thereafter.
Cruise Relief First Officer
(with Commercial Pilot’s Licence)
$38,220 per year up to the successful completion
of simulator checks and then $47,775 per year
thereafter.
Flight Manager $59,000 per year.
Cabin Leader $49,000 per year.
Cabin Crew (Level 2) $40,000 per year (following satisfactory
performance in Level 1 after 12 months’
service).
Cabin Crew (Level 1) $37,500 per year.
18.2 If you are a part-time Employee or employed on flexible work arrangements, you will be
paid a pro-rata salary based on the above full-time salaries.
18.3 Your salary will be reviewed annually along with your progress and development needs.
18.4 Your salary cannot be reduced. The prohibition of reductions applies not only to your
starting salary but also to all increases to your salary as a consequence of the annual review
process.
18.5 Any overpayment made to you by us may be deducted from your salary as soon as
practicable. In deducting any overpayment, we will take into account your personal
circumstances.
19. INCENTIVE/PROFIT SHARE
19.1 In addition to your salary, you will be eligible to participate in two incentive/profit share
schemes:
(a) an individual incentive plan (which offers the capability to receive a bonus of up to
5% of your salary); and
(b) a company profit share plan (which offers the capability to receive a bonus of up to
3% of your salary).
19.2 The terms of these two incentive/profit share schemes will be determined by V Australia.
Further information will be provided to you by your manager.
9.
20. SUPERANNUATION
We will pay an additional 12% of your salary to a superannuation fund of your choice (or
absent your choice, into a “default” superannuation fund). The parties recognise that this
level of superannuation contribution is significantly over and above current statutory
obligations.
21. WHAT YOUR SALARY COVERS
21.1 Your salary has been calculated to remunerate you:
(a) for all work, including all flying and non-flying work (for example, time spent
performing ground duties, training, on standby and positioning);
(b) for all leave (including leave loading);
(c) for working shiftwork, on weekends and on public holidays; and
(d) for all penalties, loadings and allowances and for all other payments except for
overnight meal and incidental allowances (see clause 25).
22. PAYMENT OF SALARY
Your salary will be paid fortnightly. Payment will be made electronically into your
nominated bank account.
HOME BASE AND OVERNIGHT ARRANGEMENTS
23. HOME BASE
23.1 You will be allocated a home base on the commencement of your employment with V
Australia.
23.2 We may change your home base at any time to meet operational needs.
23.3 If there is a need to change your home base (either permanently or temporarily), we will
discuss that with you in advance and provide assistance to you to allow the change in home
base to occur.
24. ACCOMMODATION
We will provide accommodation and transport to/from the relevant airport and the V
Australia provided accommodation where you are required to overnight away from home
base for work related purposes.
25. OVERNIGHT MEAL AND INCIDENTAL ALLOWANCES
25.1 You will be paid an allowance for incidental and meal expenses where you are required to
overnight away from home base for work related purposes.
10.
25.2 These allowances will be paid in Australian dollars, fortnightly in arrears. Payment will be
made electronically into your nominated bank account.
25.3 The amount of the allowance will be reviewed by us from time-to-time taking into account
such matters as area living expenses (e.g. cost of meals) and currency fluctuations.
25.4 There may be circumstances where we provide you with actual meals in lieu of this
allowance. Examples include during flight and on company training courses (i.e. where we
provide meals).
LEAVE
26. ANNUAL LEAVE
26.1 If you are a full-time Employee, you are entitled to 42 calendar days paid annual leave each
year. If you are a part-time Employee or employed on flexible work arrangements, you will
receive a pro-rata entitlement.
26.2 You are encouraged to use your annual leave to ensure you have sufficient rest and time
with family and friends.
26.3 You will have the opportunity to bid for leave at various times throughout the year.
26.4 Annual leave can be cashed out during employment. You cannot however be required to
cash out annual leave if you do not want to. Cashing out must be done in a way that
complies with relevant law.
26.5 Accrued annual leave is paid out on termination of employment.
27. PERSONAL/CARER’S LEAVE
27.1 If you are a full-time Employee, you are entitled to 10 days paid personal/carer′s leave each
year. If you are a part-time Employee or employed on flexible work arrangements, you will
receive a pro-rata entitlement.
27.2 You can use your personal/carer’s leave entitlement if you are unable to attend work
because you are ill or injured or because a member of your immediate family or household
is ill or injured and requires care or an unexpected emergency happens.
27.3 If you wish to take personal/carer′s leave, you must notify your manager as soon possible in
advance so that we can arrange for other people to cover your absence.
27.4 Your manager may require that you provide documentation to support your personal/carer′s
leave application.
27.5 If you become ill or injured whilst performing work away from home base, we will do what
we reasonably can to provide treatment for you and return you to home base as soon as
possible.
27.6 Accrued personal/carer′s leave is not paid out on termination of employment.
11.
28. URTI LEAVE
28.1 If you are a full-time Employee, you are entitled to 6 days paid URTI leave each year if you
have an upper respiratory tract infection. If you are a part-time Employee or employed on
flexible work arrangements, you will receive a pro-rata entitlement.
28.2 URTI leave is in addition to your personal/carer’s leave entitlement.
28.3 If you wish to take URTI leave, you must notify your manager as soon possible in advance
so that we can arrange for other people to cover your absence.
28.4 Your manager may require that you provide documentation to support your URTI leave
application.
28.5 If you suffer an URTI whilst performing work away from home base, we will do what we
reasonably can to provide treatment for you and return you to home base as soon as
possible.
28.6 URTI leave does not accumulate from year to year and is not paid out on termination of
employment.
29. PARENTAL LEAVE
You are entitled to parental leave in accordance with the Workplace Relations Act or
company policy, whichever is more favourable to you.
30. LONG SERVICE LEAVE
You are entitled to long service leave in accordance with relevant state legislation or
company policy, whichever is more favourable to you.
31. UNPAID CARER’S LEAVE AND PAID COMPASSIONATE LEAVE
You are entitled to unpaid carer’s leave and paid compassionate leave in accordance with
the Workplace Relations Act or company policy, whichever is more favourable to you.