OK Kelpie it time to sharpen the pencil. I understand the BOOT and its application under the FWA of today. I was using it to highlight the fact that using the BOOT the cadets ARE better off than the award. I also understand your contention that old EA’s (the Jetstar EBA) cannot pay less than the minimum rates set by a modern award. You have provided an academic’s thesis on the subject, which is nice and comfortable in academia,
but a commissioner he isn’t and ultimately that is what counts in the real world. But before we get into the argument of the application of the transition arrangements, lets have a closer look at the Air Pilots award and how it compares to the Junior First Officer rate of pay in relation to the Cadets.
Firstly, the Air Pilots Award provides for a base pay of $81,781. This rate of pay is for a full time pilot. The award describes the full time pilot as one who’s “ordinary hours of work must not average more than 38 hours per week.” The generally accepted application of a 38hr week is 5 work days and 2 days off (refer 24.6). So here is where I sharpen my pencil. 5 workdays per week equates to 260 workdays per annum. NOTE – Public holidays are provided for within the Award annual leave of 42 days AND the minimum wage (refer 31.1 of the award). Cadets are provided with 42 days of Annual Leave. Cadets ALL work 15 days per month, which equates to 180 workdays per annum. The cadet is working 69.2% of a full time equivalent pilot as prescribed by the award (refer 11.4). 69.2% of the Award rate is $56,617. So we don’t need to get into a hollow argument over the transition arrangements when the Cadets base pay ($57,118 and $58,831 in 2012) is above the Air Pilots Award. The figures look even healthier when you consider that the Annual Leave HAS NOT been prorated under the Jetstar deal.
Keith, you also make reference to the cadet agreement. Again, read it, carefully, and you will see that when read in conjunction with the FlexiLine agreement in does not stack up as you suggest.
As far as the cadets are concerned the $56k is not a payment for 56 flight hours per month as the flexi-line agreement and you suggest, it is a minimum payment to undertake all duties as directed by management within the 15 duty days. The flexi line agreement clearly requires a pro rata calculation to be made by dividing the $56k by 12months and then by 75flighthours. The result is then multiplied by 56flighthours to determine the new salary under flexi line.
Using the stated pro-rata calculation, A Cadets adjusted base salary under flexi line is $42,468 for working 56 flight hours. In order to qualify for the minimum payment provided for under the seperate cadet agreement they must work all additional duties as directed.
BS. Your argument regarding flight hours are plain wrong and deceptive. A flexi line employee (all cadets are flexi line) is a part time employee with reduced availability. What additional duties are permitted under the EBA? Can they be directed to work on duty free days or days off? NO!
If you think the cadets will be paid 56k for flying 56 hours per month you are even more niave than i thought and you should read the documents, your comments on here suggest to me that you have not done so up to this point. Once you have read the documents you will clearly see that your calculations to demonstate equality between the JFO rate and the modern award are fundamentally flawed!!
I have read the documents.
IF Jetstar roster the cadets for 56 hours flying per month for a year then the cadets WILL be paid the minimum salary of $57,118.
THAT IS WHAT IS WRITTEN IN THE AGREEMENT THAT WAS STRUCK FOR THE CADETS!! Where is your
EVIDENCE that the cadets will be paid less than $57,118. Your pro-rated $42,468 salary is utter tosh and has no basis in any agreement. You have invented this amount to back up your argument. The cadets will only have to work 15 days per month and be paid a minimum of $57,118.
You are selectively reading parts of the old Workplace Relations Act, Fair Work Act, Transitional Provisions, Jetstar EBA and the Flexi Line agreement and coming up with a Camel. Again, if you think you have a case then go test it in front of a commissioner.
Now, hard nosed IR operatives (The AFAP) would look at the above picture and think very carefully before encouraging any Cadet to start a grievance regarding their base rate of pay. You rely on an academic argument regarding untested transitional arrangements and have overlooked the fundamental premise that they are already above the award base rate of pay for a part time pilot. It looks to me as a classic case of READY…FIRE…AIM. That is why I assert that you are being mischievous in encouraging young and impressionable cadet pilots to get bolshie regarding their base pay. There are always consequences for those who agitate frivolous actions. The AFAP get it in the neck for providing sound IR advice, it is not always popular but they have had their waterloo, and learnt that treading the popular path can end in tears.
To the Cadets out there, be careful with the shiny baubles, false promises and platitudes from AIPA. Remember, their submission to the senate enquiry was entitled “Are we handing the keys of the Ferrari to a bunch of P Platers?”
Parliament of Australia: Senate: Committees: Rural Affairs and Transport Committee: Pilot training and airline safety including consideration of the Transport Safety Investigation Amendment (Incident Reports) Bill 2010: Submissions Received
Whilst the AFAP may not always take the popular path, they have achieved an enormous amount for you (and for the wider Jetstar pilot body) and genuinely have your interests at heart. There is no conflict of interest when it comes to the AFAP dealing with Jetstar pilots.
Ps. Regarding the extinguishing of the cadet funding agreement - refer to clause 16.5 of the Air Pilots Award under which they were working for Jetstar Group prior to being taken under the EBA recently!!! It should have gone when they started with Jetstar Group. Do not even start the argument that this was a concession given by Jetstar Management.
As for your assertion that the funding agreement was extinguished as a concession by Jetstar management – what the hell else was it. Jetstar
CAPITULATED and accepted that they were on a hiding to nothing if they proceeded with the court action. They didn’t give up the funding agreement because they wanted to; they were forced to give the concession due ONLY to the AFAP’s court action.
Can you answer my question from the first post?
WHAT IMPENDING FEDERAL COURT ACTION IS AIPA TALKING ABOUT???