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Right to disconnect laws.

Old 9th Feb 2024, 01:20
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Right to disconnect laws.

The new law may make evening phone calls with a morning roster change tricky.

https://www.abc.net.au/news/2024-02-...ties/103445984
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Old 9th Feb 2024, 01:37
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The companies will argue and the unions will support that pilots are “special” they are “managers” “unique”: These laws don’t apply to pilots.
Just like the public holiday legislation….
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Old 9th Feb 2024, 01:41
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It only gets serious when the employee applies to a court to have the boss "cease and desist" after continued out-of-hours harassment. Otherwise, carry on as usual.
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Old 9th Feb 2024, 01:42
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The Workplace Relations Minister Tony Burke said on Tuesday that it was more likely that employees and employers would negotiate more formal arrangements for out of hours contact through workplace agreements and conditions for award workers would be updated by the Fair Work Commission.

While I don’t think this legislation means aircrew will be totally free of contractibility requirements at home, it should mean there’ll have to be specific contact requirements negotiated into EAs which specify when a company can contact a pilot and when they are required to respond.
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Old 9th Feb 2024, 01:45
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Originally Posted by Icarus2001
The new law may make evening phone calls with a morning roster change tricky.

https://www.abc.net.au/news/2024-02-...ties/103445984
Maybe.
Most pilot agreements are just that; "agreements"….... although I have been known to mutter that the A in EA/EBA within the Qantas Group be replaced with a U for ultimatum.

Anyway, I haven't read the text of the actual legislation but I suspect that where an employee agrees to be contactable at certain times, this will be considered an exception to the law.

Hence an "Agreement" between an employee and employer will include such provisions as many do now.
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Old 9th Feb 2024, 03:02
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Of course, C441 but it does make the negotiation of an allowance much easier as it is based on a variation to IR law.
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Old 9th Feb 2024, 05:42
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Originally Posted by Icarus2001
The new law may make evening phone calls with a morning roster change tricky.

https://www.abc.net.au/news/2024-02-...ties/103445984
Surely you are free to not answer your phone?
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Old 9th Feb 2024, 08:23
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You're free to do anything you like. Whether the exercise of that freedom results in e.g. a breach of a contract of employment is a related but different question that depends on (in this case) what the IR laws and your contract of employment say.
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Old 9th Feb 2024, 16:15
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What I mean is, are there aviation companies in Australia that require you to be contactable during your rest period? Crewing can call me if they like, but I don’t have to answer if I don’t want to.
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Old 10th Feb 2024, 00:14
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Read your enterprise agreement. Every airline I have been employed by states very clearly in the contract or enterprise agreement what the requirements are around being contactable.
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Old 10th Feb 2024, 02:53
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states very clearly in the contract or enterprise agreement what the requirements are around being contactable.
I think you are missing the subtle point here.

Those agreements you knew of were written BEFORE this legislation existed. It is not hard to imagine writing that in an EBA post the gazetting of the legislation would be incompatible with FWC conditions or even the NES. Which would mean that to insert such a clause would require some monetary consideration.
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Old 10th Feb 2024, 04:11
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2) An employee is not required to monitor, read or respond to emails, telephone calls or any other kind of communication from an employer outside of the employee's hours of work (including during periods of leave) unless the employee is in receipt of an availability allowance for the period during which the communication is made.



3) In this section:

availability allowance, for a period, means an allowance for being rostered, or otherwise directed by an employer, to remain available to perform work during the period.
So where’s my availability allowance for being on a 12 hour standby but not being used, and currently being unpaid for it? I’ll take a full 12 hour credit please.
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Old 10th Feb 2024, 06:22
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Yes please.
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Old 10th Feb 2024, 07:40
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Originally Posted by brokenagain
So where’s my availability allowance for being on a 12 hour standby but not being used, and currently being unpaid for it? I’ll take a full 12 hour credit please.
Why are you asking us?

Is the text you quoted contained in the terms of your current employment? If yes, have you asked your employer to pay you the availability allowance for the twelve hours you were on standby? If not, why not? Maybe they've arranged things such that being on standby counts as being inside your hours of work.
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Old 10th Feb 2024, 11:14
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Originally Posted by directsosij
Read your enterprise agreement. Every airline I have been employed by states very clearly in the contract or enterprise agreement what the requirements are around being contactable.
Clearly haven’t worked for EFA
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Old 10th Feb 2024, 12:24
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The irony.
Everyone connected to their tiny screens 24/7.
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Old 10th Feb 2024, 22:11
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Originally Posted by directsosij
Read your enterprise agreement. Every airline I have been employed by states very clearly in the contract or enterprise agreement what the requirements are around being contactable.
If an agreement requires you to be available to take calls/read emails/reply to texts etc. when you’re not on duty, it could and should be challenged. Either you’re on duty (reserve/standby being included) or not, they can’t have it both ways. I would also add that given the propensity for rostering departments to use FRMS as a target for ‘efficiency’ purposes it is irresponsible to be doing anything work related as you’re not complying with the function of rest periods.
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Old 11th Feb 2024, 01:47
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This seems to be a bit like the working on public holidays thread from a year or so ago.
Has Anyone’s working conditions really changed since that came in?
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Old 11th Feb 2024, 07:32
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Originally Posted by clark y
This seems to be a bit like the working on public holidays thread from a year or so ago.
Has Anyone’s working conditions really changed since that came in?
I was able to drop the hammer (at least a little), requested ANZAC day off, didn't get it. filled the form in and under the pressing reason they wanted replied with "because I'm a veteran" and was magically fixed. rather than playing the find someone to swap game
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Old 11th Feb 2024, 08:41
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Originally Posted by hillbillybob
I was able to drop the hammer (at least a little), requested ANZAC day off, didn't get it. filled the form in and under the pressing reason they wanted replied with "because I'm a veteran" and was magically fixed. rather than playing the find someone to swap game
I’ll be doing the same this year. My daughter has reached the age where it’s time to learn all about it, and what various members of her family and other people in the community have done. I will work if needed, however the dawn service is a non negotiable this year. Couldn’t care less what the employer says.
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