PPRuNe Forums - View Single Post - Cape Air Transport (Torres Strait)
View Single Post
Old 25th Sep 2014, 05:11
  #8 (permalink)  
rumour_mill
 
Join Date: Sep 2014
Location: Darwin
Posts: 2
Likes: 0
Received 0 Likes on 0 Posts
Thanks for the well outdated info tail wheel! very helpful!

Though I will give you credit for inspiring me to keep looking around and I found this contract. Does this still exist up there?

http://www.pprune.org/pacific-genera...-contract.html


copied to below:




CONTRACT

CONTRACT made on the date set out in the Schedule

BETWEEN: the Principal and the Contract Pilot referred to in the Schedule.

The Principal hereby engages the Contract Pilot to carry out the work described in the Schedule subject to the terms and conditions referred to in this Contract.

1. The Contract Pilot shall carry out such work as is assigned to him from time to time in a conscientious, expeditious and workmanlike fashion. Where the Contract Pilot is required to provide or utilise equipment, such equipment shall be suitable for the work and shall be maintained by the Contract Pilot in good working condition.


2. The Contract Pilot warrants that he is competent and has the necessary aeronautical skills, licences and endorsements to carry out the work.


3. The terms of this Contract is set out in the Schedule.

4. Notwithstanding anything herein contained to the contrary, the Principal may determine this Contract at any time and without prior notice should the Contract Pilot be guilty of any dishonesty, serious misconduct or serious neglect of duty, or be in breach of any of the terms of this Contract, or refuse to comply with any reasonable instructions or directions given by the principal.

5. Either party may determine this Contract upon the happening to the other of any of the following events, namely:


a) if the other enters into a Deed of Arrangement or an order is made for it to be wound up;


(b) if a receiver or receiver/manager is appointed;


(c) if the other party is placed under official management;

(d) if a judgment is entered against the party for a sum in excess of [twenty thousand dollars ($20,000.00)] and same remains unsatisfied or unappealed for a period of twenty-one (21) days.


6. This Contract is personal and shall not be assigned without the consent of the other party.

7. The Principal shall make payments to the Contract Pilot as set out in the Schedule and referred to as "Contract Pilot's Remuneration".

8. The Contract Pilot shall effect all insurance required to be effected by him by law.


9. The Contract Pilot shall be responsible for and shall indemnify the Principal against liability for all loss, damage or injury to persons or property caused by the Contract Pilot, and the amount of all claims, damages, costs and expenses which may be paid, suffered or incurred by the Principal in respect of any such loss, damage or injury, shall be made good at the Contract Pilot's expense and may be deducted from any moneys due or becoming due to the Contract Pilot.

10. Throughout the continuance of this Contract the Contract Pilot shall conform at its own cost and expense with all Acts of both Federal and State Parliaments and all Regulations, Bylaws, Ordinances or Orders made thereunder including without limiting the generality of the foregoing the Civil Aviation Act, Civil Aviation Regulations and Orders, Air Navigation Regulations, Air Navigation Orders and Civil Aviation Advisory Publication and all publications of the Aeronautical Information Service and the lawful requirements of any Public, Municipal or other authority so far as the same may affect or apply to the Contract Pilot or the work carried out by the Contract Pilot, and the Contract Pilot shall indemnify the Principal

11. The Contract Pilot shall not, either during the continuance of this Contract or after its termination, divulge to any person, firm or corporation any information concerning the business affairs of the Principal or its Director and Shareholders, any of its related or affiliated companies, or any of its or their clients except:-

(a) to the extent that it can be shown that such information is publicly available other than as a result of any breach of this Contract;

(b) to the extent that it can be shown that such information was in the possession of the receiving party to the date of disclosure by the disclosing party;

(c) to the extent that the receiving party may subsequently receive such information from any third party without restriction on such third party as to such disclosure; or

(d) where the party disclosing such information is required to do so by compulsion of law but only to the extent and for the purpose of such disclosure.

12. At the request of the Principal, the Contract Pilot shall at his own expense execute all deeds or other documents required to enable any loss, damage, cost and/or expense incurred or sustained by any related or affiliated Company of the Principal or any of their Agents or Servants, which may not be recoverable by the Principal, but which if it had been incurred or sustained by the Principal would have been recoverable by the Principal, to be recovered from the Contract Pilot by any such related or affiliated Company directly.

13. The Contract Pilot acknowledges and agrees that as an independent Contractor, he shall be liable for all income tax payable upon his contract earnings pursuant to this Contract, and shall be responsible for all Workers Compensation insurance premiums (if any) applicable to an independent Contractor, for all Medi Bank contributions and for contributions to any Superannuation fund which the Contract Pilot has elected to join.

14. Nothing contained herein shall constitute the relationship of partnership or employer and employee between the parties hereto and it is the express intention of the parties that any such relationships are denied and negatived.

15. The address of each party as referred to in the Schedule hereto shall be the address of that party for service of notices or other communications hereunder which may be effected by personal delivery or by post, and if by post the date of service shall be deemed to be the day after the day of posting.

16. This Contract shall be construed and take effect in accordance with the laws of the places referred to in the Schedule. Each of the parties hereto submits to the jurisdiction of the Courts of those places including all Courts of Appeal therefrom and this clause may be pleaded as a bar to action or suit brought in any Court in any other place in the world.



SCHEDULE


1. The date of commencement of this Contract is the date of commencement of duties in the Torres Strait.......Insert date of commencement


2. The Principal is Milkwood Holdings Pty Ltd ACN 078 827 228 as trustee for the Cape Air Transport Trust trading as Cape Air Transport BN6429087 of Annan Road Cooktown.


3. The Contract Pilot's particulars are:-


Name:

Address: Horn Island 4875

Date of Birth:

Height: .....cm

Weight: .......kilos

ARN:

Hours at commencement:

Currently:

Last Medical:

Instrument Renewal: .



4. The work is:


The provision of aircraft pilot services and associated office and other duties as and when directed by the Principal in accordance with the terms and conditions of this Contract and in accordance with Air Law including without limiting the generality of the foregoing, the Rules, Regulations and Orders in force from time to time and administered by the Civil Aviation Safety Authority Australia and in accordance with the privileges and responsibility of the Pilot's Licence held by the Contract Pilot.


The Contract Pilot's remuneration shall be calculated as follows:-

The Contract Pilot shall be paid a contract gross rate as follows:-

1. Whilst on probation during line training at the rate of $100 per day whilst on base or at a designated base paid monthly in arrears upon presentation of the Contract Pilot’s invoice. (eg: Days on base = 31 x $100 = $3,100)

2. After the probation period and upon final check out to line flying, the Contract Pilot shall be paid a contract gross rate of $107 per day whilst on base or at a designated base paid monthly in arrears upon presentation of the Contract Pilot’s invoice. (eg: Days on base = 31 x $107 = $3,317)

3. Upon final P68 check out to line flying, the Contract Pilot shall be paid a contract gross rate of $127 per day whilst on base or at a designated base paid monthly in arrears upon presentation of the Contract Pilot’s invoice. (eg: Days on base = 31 x $127 = $3,937)

4. Upon final BN2 check out to line flying, the Contract Pilot shall be paid a contract gross rate of $140 per day whilst on base or at a designated base paid monthly in arrears upon presentation of the Contract Pilot’s invoice. (eg: Days on base = 31 x $140 = $4,340)

5. Upon completion of the contract, the Contract Pilot shall be paid an end of contract bonus calculated at the rate of $14 per day for each day worked based upon the invoices submitted and approved by the company (eg: Days on base= 365 x $14 = $5,110). No bonus shall be paid or due if the contract is not completed






6. CONTRACT TERM AND RENEWAL




Subject to clauses 4 and 5, the term of this Contract shall be one year.




This Contract may be renewed for further terms as agreed between the parties and subject to either party being at liberty to terminate the Contract at any time upon giving the other party not less than four weeks advance notice in writing.




7. TERMINATION




This Contract may be determined at any time without prior notice in accordance with clauses 4 and 5 thereof or in the event that the Principal, due to economic conditions, is unable to continue regular flying operations.




8. LIMITATION OF COMPLETION




The Contract Pilot covenants and agrees that in consideration of this Contract, and in consideration of the Principal providing check and training in the Torres Strait area of its air operations, prior to the commencement of this Contract, the Contract Pilot covenants and agrees not to offer his services to, accept employment with or enter into a Contract to offer pilot services to any competitor of the Principal for a period of six months after termination of this Contract; Provided however, that the Principal may release the Contract Pilot from the restraints of this clause in the event that this Contract is terminated by the Principal due to economic circumstances.




9. ACCOMMODATION AND UTILITIES AND TRAVEL




The Contract Pilot shall be responsible for all living expenses including food and beverages provisions, meals, laundry, personal telephone, clothing, uniforms, and travel to and from the designated base. (viz. Horn Island)

The Contract Pilot shall be responsible for maintaining the accommodation provided in the condition in which it was accepted and accepts liability for any damage incurred during the period of this contract.


10. PLACE OF CONTRACT




Queensland and/or The Commonwealth of Australia.




IN WITNESS the parties have duly executed this Contract on the date as aforesaid.

EXECUTED by the said Principal MILKWOOD HOLDINGS PTY LTD AS TRUSTEE ACN 078 827 228 in the presence of:

............................................................


EXECUTED by the said Pilot Contractor




............................................. in the presence of:


............................................................ ................


............................................................
)

)
.....................................................


IN A NUTSHELL:- Approximate Remuneration including end of contract bonus:-


C182
C182/PA32
P68
BN2

ANNUAL
$41,610
$44,165
$51,465
$56,210

MONTHLY
$3,468
$3,680
$4,289
$4,684

WEEKLY
$800
$849
$990
$1,081





Sounds like you need a lawyer to interpret it.

What are the pay/conditions like now - surely this doesn't exist anymore?


rumour_mill is offline