22 February 2010
Attention All V Australia Cabin Crew
FAAA LODGES DISPUTE WITH FWA OVER DUTY HOUR LIMITATIONS
Further to our newsletter to members dated 15 February 2010, I wish to advise members that VAustralia management finally responded to the FAAA by letter dated 12 February 2010, that in their opinion they are not in breach of the Aircraft Cabin Crew Award 2010, particularly its provisions relating to duty hour limitations.
In these circumstances the FAAA had no option but to lodge a dispute application in Fair Work Australia (the industrial umpire), last Friday 19 February 2010. We now await a date from FWA as to when the matter will be heard. We anticipate that the hearing will occur fairly soon. Once we get these details we will advise members and the FAAA would urge interested members to attend the hearing and hear firsthand how V Australia justifies the creation of patterns which exceed the limits allowed by the Award.
The FAAA is disappointed that management continue to obfuscate, delay and generally be as difficult as possible on the issue of commencing EBA (Enterprise Bargaining Agreement) negotiations with the FAAA.
We (the FAAA) have been crystal clear with them in relation to this issue. We have indicated to management that we do not propose to negotiate an EBA that would cover pilots as well as cabin crew in one EBA or indeed any other occupational grouping.
In their letter to the FAAA of 12 February, the Company persists with the notion that it wants pilots and cabin crew to be covered by one EBA. This is despite the relevant Pilot's unions also being opposed to the idea.
We will shortly advise members as to the next step that the FAAA will take to attempt to "persuade" the Company to cease its nonsense and commence EBA negotiations with the FAAA.
Finally, reprinted below is an article that appeared in The Australian on 19 February 2010.
Unions join forces against V Australia: maximum duty hour limitations V AUSTRALIA is facing legal action and possible industrial turmoil as unions representing flight attendants and pilots lobby for new agreements.
The Flight Attendants Association of Australia is preparing to launch legal action with Fair Work Australia, alleging breaches of maximum duty hour limitations defining how long crew can work under the Aircraft Cabin Crew Award.
And the Qantas-based Australian International Pilots Association has moved to help its fledgling Virgin counterpart, VIPA, with negotiations on an enterprise agreement.
Both groups are opposed to a Virgin move to bring pilots and cabin crew under one enterprise agreement.
FAAA International Division Secretary Michael Mijatov said the union had written to V Australia several times about the flight limitation issue.
Mr Mijatov said the union, which had recruited 75 per cent of the airline's flight attendants, wanted to discuss the issue in the context of wider enterprise bargaining negotiations.
"They are just being very, very difficult," he said.
"They pretend to their employees that they're friendly and they care about them, but when you meet with them they are just totally arrogant and dismissive."
Mr Mijatov said the association expected to lodge its duty hour claim today and he was seeking legal advice on how to get the airline to the bargaining table.
"One of the things I will be raising will actually be the option of notifying a bargaining period and that would be the first step in the potential use of industrial action."
A spokeswoman for Virgin Blue confirmed that the FAAA had raised a concern with management and said V Australia had responded.
She said the airline had already agreed to start discussions on an EBA for the airline.
"Currently we're simply awaiting the nomination of EBA representatives so we can proceed with that intention," she said.
But Mr Mijatov said a letter was received this week indicating the airline believed it was not breaking flight limitations and indicating it still wanted to keep all crew under one agreement.
He had spoken to both VIPA and the Australian Federation of Air Pilots and was aware that neither wanted an agreement involving cabin crew.
VIPA, which was set up last year, and AIPA said they were working together on ways to increase membership of V Australia pilots with the aim of negotiating a new collective agreement.
AIPA vice-president Richard Woodward said the current V Australia contract was capped at levels below those of most airlines. "We're a bit worried where that contract's going to go ultimately and I gather they're coming up for EBA negotiations, so we felt it was time to offer assistance unless they plumb the depths of pilot contracts in Australia, let alone the world," he said.
Written and authorised by Michael Mijatov - Secretary International Division
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