Looks like a pause in proceedings with PIA being suspended. Here's a bit of a timeline from AFAP updates from past few days....
05 February 2014
EBA UPDATE #21
Notice to Withdraw Memorandum titled
“Contingency Planning for Proposed Work Bans”
We are aware that late today the Company sent a memorandum to all pilots entitled “Contingency Planning for Proposed Work Bans”.
In this memorandum the Company has requested pilots indicate their intention to undertake protected industrial action by 2:00pm tomorrow, Thursday 6 February 2014. The company advises that should a pilot indicate that they will participate in the protected industrial action, or they do not provide a response, the Company will take the relevant pilots off flying duties.
Tonight, we have written to Rob Sharp advising that we consider that this constitutes unlawful employer response action and a breach of Part 3-1 of the Fair Work Act 2009 (Cth). Further we have advised that unless the Company withdraws the memorandum before 10am (EDT) tomorrow, 6 February 2014, we intend to take legal action against the Company. For a copy of the letter from AFAP Executive Director, Simon Lutton to Tigerair CEO Rob Sharp – click here.
Do not respond to the Company’s Memorandum
As per our previous update, we advise members to not respond to the Company’s request to indicate whether you intend to participate in industrial action.
06 February 2014
EBA UPDATE #22
AFAP SEEKS ORDERS AGAINST THE COMPANY FOR UNLAWFUL RESPONSE ACTION
Further to our update yesterday afternoon (attaching the letter AFAP sent to CEO, Rob Sharp) the company has NOT withdrawn the memorandum to pilots demanding that you indicate your intention to participate in protected industrial action.
As a result the AFAP has lodged a section 418 application in the Fair Work Commission to have the compony withdraw its threat to remove pilots who don’t respond from their flying, on the basis that this is unlawful employer response action.
We have asked that this matter be listed to be heard before 2pm today.
In the meantime our advice to pilots is not to respond to the Company’s memorandum.
Members should hold strong, not respond to the company regarding their intentions, and if approached by the company take notes of everything said and by who and report it to the AFAP.
We will provide further advice following the outcome of the Fair Work Commission hearing.
06 February 2014
EBA UPDATE #23
COMPANY WITHDRAWS THREAT TO REMOVE PILOTS FROM FLYING
An urgent hearing called by the AFAP today in the Fair Work Commission was held at 1.30pm today before Commissioner Johns. During the proceedings the AFAP and Tiger held discussions in which the company agreed the following:
• Tiger provide an undertaking to Commissioner Johns that it had not altered any pilot’s roster based on information it had, or had not, received pursuant to the letter sent to pilots yesterday, 5 February 2014; and
• Tiger would send a letter to all pilots tonight stating that the second last paragraph of yesterday’s letter was withdrawn (i.e. that pilots would be taken off flying duties if they failed to inform Tiger that they were not taking industrial action); and
• Further, that no alteration to a pilots roster would be made, regardless of whether or not they informed the company of their intention to take or not take industrial action.
• Tiger will also include a statement that it reserves its rights to take employer response action against any employee who actually does take industrial action, in accordance with legislation.
Tiger have confirmed with us that it will send the letter to pilots referred to in the undertaking in the next few hours. Upon Tiger giving the above undertakings, the Commission application by the AFAP has now been withdrawn.
The result is that your rostered duties will remain the same no matter what you have told or not told Tiger.
Accordingly, we advise pilots to not respond to any request by Tiger to indicate their availability. Pilots are under no obligation to do so.
COMPANY MAY STILL TAKE ACTION
As outlined above, the company have reserved its rights to take employer response action if pilots engage in protected industrial action. The only action the company can take by way of employer response action is to lockout employees.
The AFAP believe this would be an extreme response by the company. Instead we would hope they would approach us with a solution to our outstanding claims.
Alternatively, as previously advised the Company can elect to dock pilots pay if they engage in bans, provided they comply with the notice requirements under the Fair Work Act.
AFAP CONTINUING DISCUSSIONS
The AFAP negotiating team is continuing to try to reach agreement with the Company and to reach a solution. We will attempt to arrange and continue discussions with the company tonight in a further effort to seek resolution.
BANS TO GO AHEAD
At this point bans are to commence as previously advised from 0300 tomorrow. We will advise immediately if the company agrees to our position.
06 February 2014
EBA UPDATE #24
Meeting with the CEO on Monday
Protected Industrial Action to be Suspended
As foreshadowed in the previous update tonight we continued discussions with the company in a final attempt to avert industrial action and find a way to reach agreement.
We are happy to advise that agreement on a final meeting involving the Tigerair CEO, Robert Sharp and your reps will occur on Monday 10 February 2014.
As an act of good faith we offered to suspend the protected industrial action shortly after its commencement and until we have had the meeting on Monday
UNLESS YOU HAVE BEEN CONTACTED BY THE AFAP DIRECTLY YOU ARE ADVISED TO NOT TAKE ANY OF THE WORK BANS UNTIL FURTHER NOTICE.
We remain hopeful of making progress with the company on Monday and reaching agreement. We will advise you of the progress after Monday’s meeting.
AGAIN – unless you have been personally contacted by the AFAP please do not proceed with any bans until further notice. Attend and perform work as normal.
If you require any guidance or support in relation to this industrial action, or the enterprise agreement more broadly, please contact either your pilot reps, or AFAP industrial officers Xxxxx Xxxxxxxx ([email protected]), Xxxxxx Xxxx ([email protected]) and Xxx Xxxxxxx ([email protected]).
Captains Xxxxx Xxxxxxx, Xxxxxxx Xxxxxxx, Xxxx Xxxxxx and FO Xxxx Xxxxxxx
AFAP Tiger Negotiating Committee