Thanks for the reply Lawrie
The position is that the cadets were brought back under the coverage of the existing EBA. The rates were established prior to the introduction of Fair Work and the minimums of the Air Pilots Award.
True. But like it or not the Jetstar EBA is now considered under the FW (TP&CA) Act 2009 to be a transitional instrument and more particularly an 'agreement-based transitional instrument' and it is now dealt with under the transitional provisions legislation as you quite rightly point out.
You might also read the transition legislation in addition to the section quoted and you will find that the rate will not exceed the minimum prior to the expiry of the current agreement and the future agreement then is covered by the section you quote.
You might want to verify that this is the case by seeking further legal opinions. There is a widely held legal view that whilst almost all of the provisions of the EBA must continue until expiry, and to the exclusion of the Modern Award, as of 1st January 2010 the provisions relating to base rate of pay similar to that of section 206 apply to all agreement-based transitional instrument covered parties (Schedule 9, Part 4, Paragraph 13 of the FWA Transitional Provisions etc Act). It is only during the 'bridging period' (1/1/09 - 1/1/10) defined by the Act that your understanding is appears to be correct.
(the Jetstar EBA is considered an agreement-based transitional instrument for the purposes of the Fair Work Act)
Note also that cadets do not have the ATPL experience requirements and stay on the JFO rate for a maximum of two years, then auto transition. Where experience level held go straight to level one F/O.
I acknowledge this is the case but this is of absolutely no relevance to the establishment of the minimum base rate of pay under the Modern Award since the Air Pilots Award does not stipulate that an ATPL licence is a pre-requisite to be paid the rate for a narrow bodied aircraft together with the appropriate additions to salary under Schedule B. In fact under the modern award the requirement by the employer to hold an ATPL licence should attract a further addition of $4,146.58 to the minimum FTE salary quoted below.
Under the Modern Award I calculate the minimum salary for a First Officer flying a narrow body aircraft with additions for Turbo Jet and Instrument Rating to be $84,561.16. This is minimum Full Time Equivalent (FTE) salary that should be applied to the JFO role on the Jetstar EBA operating as a Transitional Instrument.
Under the Flexi-Line arrangements the FTE for a JFO is $57,118 as the agreement provides for a pro-rata calculation to be made. Based on a notional roster of 56 hours their salary, save for the conditional provision of a minimum salary would be much less. Whilst the flexi line arrangements provide that the cadet will receive the above figure as an annual minimum regardless of the number of hours flown this is caveated on the basis that the cadet must fly 'all duties as directed' to qualify for this minimum payment. Given that the 56 hours under the flexi-line agreement is purely notional i would expect management will be rostering a much higher number of hours for cadets (which they cannot refuse according to the contract to qualify for the min salary) to get the maximum value out of the 57k paid to the cadets. Why will management do this? - because it will not necessarily cost them a cent more in Extra Flying Allowance. This is to the detriment Of all level 1 and above FOs.
Further all parties agreed the position including the Qantas pilot group.
And? Assuming there is a different understanding of the Act, Since when can agreeing parties opt out of the laws of the land? Further what allows an employer to attempt to use the agreement of the parties to indemnify itself against the requirements of the Fair Work Act?
Finally Lawrie you previously said:
Kelpie you mistake the fact that the Federation is industrial relations (IR) not public relations (
PR) or spin, the documents are our newsletters and the work of the Jetstar Pilot reps.
Based on the newsletters you have published and the seemingly fundamental problems with the Cadet deal unfortunately I have to question whether this is indeed the case. Time to change your legal advisors I think!!
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The Kelpie