"Fair Work Australia explained to me that as a GA pilot I must be getting paid several hundred thousand per year & so not a priority for them."
FWA do not have discretionary power - they are obliged to investigate formal complaints. If appropriate, they can investigate an employer without revealing the complainant's identity.
Western Australia has certain exemptions to Fair Work legislation, however you should contact:
Western Australia:
Floor 12, 111 St Georges Tce, Perth, 6000
GPO Box X2206, Perth, 6001
Telephone: (08) 9464 5172
Facsimile: (08) 9464 5171
Out of hours emergency: 0448 275 936
Email:
[email protected]
By not acting you are not only disadvantaging yourself, but also future low hour pilots who obtain similar unlawful employment.
Employees- Perform work, under the direction and control of their employer, on an ongoing basis.
- Generally work standard or set hours.
- Bear no financial risk (this is the responsibility of their employer).
- Are entitled to have superannuation contributions paid into a nominated superannuation fund by their employer.
- Have income tax deducted by their employer.
- Are paid regularly (eg. weekly / fortnightly / monthly).
- Are generally entitled to get paid leave (eg. annual leave, personal / carer's leave, long-service leave) if they are a permanent employee.
Independent contractors- Decide how to carry out the work and what expertise is needed to do so.
- Provide their own tools of trade.
- Bear the risk for making a profit or loss on each job.
- Pay their own superannuation and tax, including GST.
- Generally have their own insurance.
- Are contracted to work for a set period of time (for example, 2 months), or to do a set task.
- Decide what hours to work to complete the job.
- Generally submit an invoice for work completed or are paid at the end of the contract or project.
- Do not get paid leave.
Fair Work Inspectors may take an employer to court if they find the employer is involved in sham contracting.
The courts may order the employer to pay a penalty of up to $33,000 per contravention.
This means, if the employer is involved in more than 1 sham contracting arrangement, they may have to pay a penalty for each arrangement.
Whilst it is yet to be tested by the Courts, I am of the view that any pilot operating under the auspices of an AOC and direct supervision of a Chief Pilot can
not be a contractor. The only "contract" flying situation I can think of would be a contract to ferry an aircraft from one point to another. (I.E. International or domestic ferry flights, non commercial with no revenue generating payload.)
You must have known about the wage before you started...so why did you agree to it?
And why did you agree to an unlawful employment agreement, then unlawfully "fudge" your Log Book and Flight & Duty Times?
