FWC decision on Darwin 717 base reduction.

[Blitzkrieger]

In a huge Merry Christmas for a bunch of blokes in Darwin, the FWC has informed Cobham that the pilots affected by the 717 base reduction should have their moving costs covered by the company.

The AFAP lodged the complaint after pilots were told that they were surplus to requirements in Darwin and that they would have to relocate to other bases around the country. An expression of interest then followed which, in the opinion of the company, absolved them of any responsibility to cover the considerable cost to crew of relocating; the FWC disagreed. Great work from the AFAP which represents most of the Darwin pilots.

A positive one for the pilots. At 5 minutes to beer o’clock, I might just start early!

[HulaBula]

Donner und Blitzen! Yes, Blitzkrieger a good result.

From Vice President Watson's decision (https://www.fwc.gov.au/documents/decisionssigned/html/2015FWC8588.htm) (the decision forms part of the public record).

[28] In my view the essence of the change with respect to [the pilot] was the movement away from Darwin. He did not wish to move but NJS’s business circumstances dictated that he do so. The necessity for a move is the key ingredient and the most appropriate clause is that which applies to the initiator of the move. In my view NJS was the initiator of the move away from Darwin. But for NJS’s business position, and [the pilot]’s position on the seniority list, he would have remained in Darwin. NJS was effectively the initiator of his transfer although the chronology does not strictly bear this out. In my view it is appropriate to look at the substance of the matter rather than the form.

The NJS clauses covering pilot relocations, are essentially similar to the clauses of the Award and most Australian pilot agreements.

This has put the brakes on this particular NJS 'race to the bottom.' Well done.

I'm struck by the bull-headedness of NJS. Simply paying the relocation costs to all the DRW pilots would have preserved goodwill, and would arguably have been cheaper than mounting a full defence. As it turned out, the AFAP won what most people in any industry would have thought was a fair thing, and a proper interpretation of the EBA. Instead, they found themselves in Fair Work Hearings for four days in total. What a waste of money!

The DRW pilots are a down-to-earth bunch. If NJS had been up front, the affected pilots would have had lawn sales etc to minimise the stuff needed to be moved south. But after all this aggro to get what ought to have been paid in the first place.... well if it were me I'd be hiring a 40' shipping container, putting ALL my stuff in it, including my old socks, and filling up the remaining space with Mount Bundey stone for my new 'tropical' garden in Hobart and handing the bill to NJS!!

Still, I suppose it is in the NJS DNA -- Cobham tried it on in 2006 by not paying wage increases to dozens of Bae146 Captains. The Fair Work Ombudsman had something to say about that - and sued NJS. NJS lost the Federal case. NJS appealed. NJS lost. NJS had to pay $X000,000 in backpay, chr!st knows what their legal bill was!

2007 Prune thread NJS in court (http://www.pprune.org/australia-new-zealand-pacific/296072-njs-court-monday-then-industrial-action-next-month.html)

2007 decision re NJS Underpayment of jet pilot wages (http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FMCA/2011/136.html?stem=0&synonyms=0&query=national%20jet)

2015 decision: NJS B717 Darwin pilot relocation dispute (https://www.fwc.gov.au/documents/decisionssigned/html/2015FWC8588.htm)

[The Green Goblin]

Sounds like there must be a few failed pilots in the management team. It's usually where the animosity comes from.

Merry Christmas boys and girls.

[PoppaJo]

Out of Curiosity...what bases were offered?

[Iron Bar]

"It's usually where the animosity comes from."


Unless of course it comes from other pilots who think they are in management. Isn't that right Gob'.

Good result, very satisfying.

[DutyofCare]

HulaBula (http://www.pprune.org/members/330690-hulabula) TOP POST :ok:

You pilots out there SHOULD CONSIDER your companies morality in light of these judgements.

Managers within NJS v company crews > are they acting in good faith or ethically upon the staff :uhoh: :uhoh: :uhoh:

DRW & CNS based 712 crews are a top batch of troopers, we salute you : hard to see how their bosses back stabbing, corporate behavior can be tolerated :ugh: :ugh: :ugh:

Once again > where's the accountability from these KPI addicted hungry Gurbs :=

[Toruk Macto]

Well Done !

[KRUSTY 34]

Boy!

Doesn't this all sound familiar.

[Blitzkrieger]

Sure does KRUSTY, appears to be the MO for everything these days.


I am pretty sure a deliberate and systematic failure to honour the EBA would be seen as un-PIA if the shoe was on the other foot.


History has proven time and time again, if you take advice from fearful sycophants, you will ultimately fail. More to come I recon. :ugh: