32. CONTINUITY OF SERVICE AND LEAVE ACCRUALS
If you transfer your employment from another company in the Virgin Blue Group, V
Australia will recognise your “start date” and leave accruals with that other Virgin Blue
Group company for continuity of service purposes at V Australia.
12.
REGULATORY MATTERS
33. CASA REGULATIONS
V Australia is subject to Civil Aviation and Safety Authority (CASA) requirements. You
are required to comply with all CASA requirements, as relevant to your role.
34. ASIC
You must maintain an Aviation Security Identity Card (ASIC). Where you are unable to
hold an ASIC, you accept that this may mean that we cannot allow you to continue your
employment with V Australia.
35. PASSPORTS AND VISAS
35.1 You must maintain a current passport and relevant visas so as to allow you to gain entry
into each port into which you fly. Where you are unable to hold these documents, you
accept that this may mean that we cannot allow you to continue your employment with V
Australia.
35.2 We will reimburse the costs associated with the maintenance of relevant passports and
visas following the provision by you of relevant supporting documentation (including
receipts).
36. INDEMNITY
36.1 We will, to the extent permitted by law, indemnify and release you against all claims and
demands made against you arising out of any negligence by you in performing your duties
(except where your conduct was wilful, reckless, fraudulent, unlawful or not in good faith).
36.2 We will also, to the extent permitted by law, provide legal counsel and defend you in any
legal action arising in connection with the performance of your duties and indemnify you
and hold you harmless from any judgment that may be made against you. If you are
required to act as a witness, we will give you a reasonable period free of duty to prepare
and appear as a witness, subject to operational requirements.
HEALTH AND SAFETY
37. SAFETY AT WORK
37.1 We take our safety obligations seriously. Consistent with this, you agree that you will not
attend work unless at the start of your duty period, you have had adequate rest and are able
to work safely, free of any fatigue, illness, injury, medication or drug which could impair
your ability to work.
37.2 You are required to help implement and comply with all occupational health and safety
policies, rules and procedures and use your best efforts to protect the health and safety of
all V Australia employees, guests and the general public. If you have any questions about
safety at work, you should speak with your manager.
13.
38. HEALTH AND FITNESS
Your continuing employment is conditional upon you maintaining the necessary level of
health and fitness to carry out the full range of your duties safely. To this end, you are
required to cooperate with us in relation to managing any health related concerns which
may affect your ability to perform your role safely.
PERFORMANCE
39. MANAGING PERFORMANCE
39.1 We see individual performance as all-embracing, it covers:
(a) What you do (your duties and responsibilities);
(b) How you do it (your work behaviours), and
(c) The results you achieve (your results).
39.2 Your performance will be continually assessed and you will be required to participate in
performance assessments as and when required. Your ongoing employment is subject to
you performing your duties and otherwise complying with your employment obligations to
a level satisfactory to us.
39.3 If we have concerns about your conduct, capacity or performance, you may be suspended
from your employment on full pay pending an investigation. If, following an investigation,
we believe that your conduct, capacity or performance is not satisfactory, we may put in
place measures to address that and/or initiate disciplinary action against you. Depending on
severity, this may involve a number of things including counselling, a performance
management plan, demotion, suspension or termination of your employment.
FAIR TREATMENT PROCESS
40. PROCESS
40.1 If you have a concern about the application of this Agreement you must raise it via the
process set out below.
40.2 The objective of the process set out below is for matters to be resolved at the workplace.
40.3 The first step is for you to raise your concern/concerns with your manager. For Flight
Crew, your manager is the Manager, Line Operations. For Cabin Crew, your manager is the
applicable Cabin Crew Development Manager. Your manager will consider the matters you
have raised and respond within 7 days. If the matter relates to your manager, then your first
contact should be your ‘manager once removed’ (i.e. your manager’s manager – the person
referred to clause 40.4 below).
40.4 If you cannot resolve the matter with your manager, you may refer it to your manager’s
manager who will consider the matter you have raised and respond within 7 days. For
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Flight Crew, your manager’s manager is the General Manager, Flight Operations. For
Cabin Crew, your manager’s manager is the Manager, Cabin Crew.
40.5 If you cannot resolve the matter in accordance with the above, you may refer it to the
Executive General Manager, V Australia who will consider the matter you have raised and
respond within 7 days.
40.6 If the matter is unable to be resolved at the workplace and all steps in this process have
been taken, either party may refer it to the Australian Industrial Relations Commission
(AIRC) or another agreed third party.
40.7 The parties may agree to refer the matter to the AIRC or agreed third party at any point
during this process.
41. ROLE OF THE AIRC OR AGREED THIRD PARTY
41.1 The role of the AIRC or agreed third party is to attempt to settle the matter you have raised
by way of conciliation.
41.2 The conciliation will be conducted in private. The parties will participate in good faith and
any discussions during the conciliation will remain confidential.
41.3 If the matter remains unresolved following conciliation, the AIRC or agreed third party can
do the following:
(a) Express an opinion in writing to the parties outlining:
(i) the background of the case; and
(ii) the merits;
(b) Make recommendations about how the dispute could be resolved; and
(c) If there is no resolution after the opinion/recommendation has issued, convene one
(1) further conciliation in an attempt to resolve the dispute.
41.4 The parties agree that they will consider in good faith any such opinion/recommendation
provided by the AIRC or agreed third party to resolve the dispute.
41.5 If the matter remains unresolved following the second conciliation, either party may refer it
to the AIRC or agreed third party for determination.
41.6 The AIRC/third party is empowered to determine that dispute in a manner and having
regard to such rules and processes as the AIRC/third party thinks appropriate.
41.7 The AIRC/third party’s determination will be final and both parties will accept and abide
by it (subject to it being overturned on appeal or stayed pending the determination of an
appeal).
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42. YOUR RIGHTS DURING THE PROCESS
42.1 During the above process you have the right to:
(a) be treated fairly because you raised a matter of concern;
(b) seek advice from a member of our People Department; and
(c) be represented by a person or organisation of your choice.
43. CONTINUATION OF WORK DURING THIS PROCESS
43.1 If you have raised a concern via the fair treatment process, whilst it is being resolved, you
must continue to work in accordance with your contract of employment unless there is
reasonable concern about an imminent risk to your health or safety.
43.2 You must also comply with any reasonable direction given by us to perform other available
work, either at the same workplace or at another workplace. No party will be prejudiced as
to the final settlement by the continuation of work.
OTHER PROVISIONS
44. POLICIES AND PROCEDURES
You must comply with V Australia's policies and procedures as varied or introduced from
time to time.
45. UNIFORMS
45.1 We will provide you with a uniform which must be worn in accordance with our grooming
standards.
45.2 You must, at your own expense, replace any uniform items if replacement becomes
necessary as a result of conditions other than fair wear and tear and/or damage during the
course of duty.
45.3 Should any item of uniform be lost or stolen, it must be reported as soon as possible.
45.4 Your uniform remains the property of V Australia and should be returned in good
condition if you leave employment, change position, or we request that you return it.
45.5 In the event that your position no longer requires a uniform, you will not be compensated
for the loss of this benefit.
46. INSURANCES
46.1 We will provide the following insurances at our cost:
(a) For all Employees – travel insurance while you are travelling for work (e.g.
emergency medical and dental cover, security assistance, medivac etc); and
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(b) For Flight Crew – loss of licence/income protection insurance.
47. STAND DOWN
47.1 From time-to-time, there may be circumstances in which we need to stand you down.
Examples include a bird flu type epidemic or a 9/11 type disaster which affects V
Australia’s ability to continue to provide commercial flights. In light of this, the parties
acknowledge that we have the right to stand you down with or without pay for any cause
for which we cannot reasonably be held responsible.
47.2 The right to stand you down is subject to us ensuring that all reasonable options for other
work and for leave have been explored before the stand down is implemented.
47.3 No Employee will be stood down as a consequence of the Boeing strike that started in
2008.
48. LEAVING V AUSTRALIA
48.1 If you are a new employee within the Virgin Blue Group your employment at V Australia
will be subject to a three month probationary period. You or V Australia may terminate
your employment at any time during the probationary period by giving one week’s notice
or payment in lieu of notice (or a combination of both).
48.2 If you have transferred your employment to V Australia from another company in the
Virgin Blue Group, your employment at V Australia is not subject to a probationary period.
The one exception to this is if you been employed for less than 3 months by a company
within the Virgin Blue Group before transferring to V Australia. If that happens, then your
probationary period at V Australia will be the difference between what you served at the
other Virgin Blue company and 3 months.
48.3 Once your probationary period has passed (or if you have no probationary period), you or V
Australia may terminate your employment at any time by giving notice in accordance with
the table below, or as set out in the Workplace Relations Act, whichever is the greater:
Flight Crew 3 months
Cabin Crew 1 month
48.4 We may terminate your employment by making payments in lieu of notice (or a
combination of notice and payments in lieu). We are not however required to give notice or
make payments in lieu if you engage in serious misconduct. You and V Australia may also
agree to waive any notice period that is required.
48.5 If you resign from V Australia and do not provide the required period of notice, we have
the right to withhold monies equal to what you would have been paid had you worked
during the notice period.
48.6 On termination of your employment, you are required to immediately return all of our
property (including all uniform items issued to you or otherwise branded with V Australia
marks) and any confidential documents you may have in your possession. Failure to do so
17.
will entitle us to withhold your final payment until you have complied with your
obligations.
49. VIDEO SURVEILLANCE
Our airports and offices may be fitted with video surveillance cameras. Whilst the cameras
are mainly used for security purposes you should be aware that they may also be used in
investigations into employee’s conduct and for disciplinary purposes.
50. PROPERTY
50.1 The unauthorised removal or possession of our/the Virgin Blue Group’s property or the
property of other persons is not permitted. You agree that it may be necessary to conduct a
search of your personal property in a situation where V Australia is investigating workplace
theft.
50.2 You agree that you will not hold us liable for any loss of or damage to your personal
belongings that are brought into the workplace. We urge you to always take care where
cash and valuables are concerned.
50.3 Prior to you leaving you must immediately return all property owned by us/the Virgin Blue
Group.
51. CONFIDENTIALITY
51.1 Any information about our business or activities or the business or activities of our related
entities which is discovered by you during your employment is confidential, unless that
information is already in the public domain. This includes:
(a) internal business procedures and plans, guests names and contact details, other
guest information, policies, procedures, operational manuals and other similar
documentation, and other such information that relates to the way we conduct our
business;
(b) proposed trademarks or service marks;
(c) marketing information and materials, such as strategic data, including marketing
plans, forecasts, forecast assumptions, future plans and potential strategies of V
Australia which have been or are being discussed; and
(d) financial data, including price and cost objectives, price lists, pricing policies and
procedures, quoting policies and procedures.
51.2 You agree that you will not, either during your employment or at any time after your
employment ends or as required by law or by us, use or disclose to any person, any
confidential information.
51.3 You agree to immediately inform us of any matter which comes to your notice during your
employment which may be of interest or importance to us in protecting the confidentiality
of any confidential information.
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51.4 You will also use your best endeavours to prevent the use or disclose of any confidential
information by anyone else.
52. PERSONAL INFORMATION
During the period you operate within this role you will be privy to employment related and
personal information about other V Australia/Virgin Blue Group employees. You are
required to treat this information with absolute confidentiality. This means that you will not
use this information or disclose it to any person other than as legitimately required within
your role. Further, you will use your best endeavours to prevent the inappropriate use or
disclosure of any confidential information by anyone else.
53. MEDIA STATEMENTS
You agree not to make any public statements about us (or our related companies), our
activities, employees, guests, clients or the work you perform without the written approval
of the Executive General Manager, V Australia. The same written approval is necessary for
articles prepared by you for publication in journals or other media.
54. NO POACHING
You agree that you will not, without the written consent of V Australia, during the period
of 3 months after you leave, solicit, interfere with or endeavour to entice away any
employee of V Australia; or counsel, procure or assist any other person to do so.
19.
55. SIGNATORIES
Signed for and behalf of VIRGIN BLUE
INTERNATIONAL AIRLINES PTY
LTD
Signature Print Name
Witness Print Name
Date
Signed for and behalf of the EMPLOYEES
Signature Print Name
Witness Print Name
Date
Signed for and behalf of the EMPLOYEES
Signature Print Name
Witness Print Name
Date
20.
DETAILS OF SIGNATORIES
Employer
I, of c/ 56 Edmonstone Road, Bowen Hills, Qld, 4006
am authorised to sign this Agreement on behalf of the Employer, Virgin Blue International
Airlines Pty Ltd
………………….
Signature
………………….
Date
Employees
I, of c/ 56 Edmonstone Road, Bowen Hills, Qld, 4006
am authorised to sign this Agreement on behalf of the Employees
………………….
Signature
………………….
Date
I, of c/ 56 Edmonstone Road, Bowen Hills, Qld, 4006
am authorised to sign this Agreement on behalf of the Employees
………………….
Signature
………………….
Date