PPRuNe Forums

PPRuNe Forums (https://www.pprune.org/)
-   Australia, New Zealand & the Pacific (https://www.pprune.org/australia-new-zealand-pacific-90/)
-   -   Jetstar legal action update (https://www.pprune.org/australia-new-zealand-pacific/462373-jetstar-legal-action-update.html)

The Green Goblin 14th Sep 2011 04:01


I'm more than happy to do the hard yards to get into a job but I will never do something thats going to put my family in undue hardship just for the sake of posterity.
Undue hardship? :D welcome to the Jetstar cadetship!

On a side note you will not work initially in NZ. You dont have the required experience :D

This means you will have to come across to Australia to get 500 hours experience.

Luckily Australian Pilots were so outraged over the Jetstar cadet programs and contracts we had a senate enquiry. The results recommended a minimum of an ATPL (1500 hours) to work as a first officer on jet aircraft.

The unions were also involved. Now cadets are required to be on the EBA, and their training bond has been reduced along with paying less for the program.

This has basically caused cadets to become more expensive the direct entry guys. Coupled with the extra sectors to get them up to speed, and the recent 'incidents' I think the whole thing will die a quick death. Sucks if you're caught in the middle of it after paying the sharks.

As for Jetstar, they are now getting 'free' highly experienced Pilots from Qantas which will fulfill their recruitment needs for the short term.

As for the 'free' bit, who do yo think is paying for the cost of retraining and endorsements? It won't be Jetstar!

Going Nowhere 14th Sep 2011 05:08

QLink is much better than JQ cadet scheme.

As McGrath said,
  • EBA
  • ICUS to fulfill ATLP req (It takes time, but gives you plenty of time to learn along the way too)
  • Dash endo is via bond
  • Trainee cost is repaid via bond (but you only get 3/4 back I believe)

Of all the trainee/cadet schemes out there, it seems to be the only one with a decent outlook.

Read all you can about each option and make a choice, just don't be lured by a f$&King jet, you'll fly one eventually! :ok:

PhoenixNZ 14th Sep 2011 05:17

It never was about flying a Jet.

It was about flying and getting money for it. More money than GA would even be offering for my level of experience.

The QLink one looks good, only trouble I can see is that I wont have Aus ATPL passes, only NZ ones.

The Green Goblin 14th Sep 2011 05:50

You've got a year to go get them!

I'd suggest checking out advanced flight theory in QLD. 6 week course and it will be a breeze if you're fresh from NZ theory. In fact, don't even bother with the NZ ones. Get your CPL, convert your licence in Australia, do the Australian ATPL subjects and once you can hold an Australian ATPL you'll be able to get one issued on the basis in NZ too. Head north, build some command time and join the ranks of guys who can call themselves Pilots. Take your Mrs and kids. I'm sure it will be an adventure for them too. Kununurra 2004 was a good place to be (hey fellas)....

As for more money? Puleeeease.... You can get 65k driving a piston twin now (I was getting just under 50K in 2006 driving piston twins). You'll also get about 95k-110k to be a turboprop skipper these days which is looking like a better career than a low cost carrier earning less than 50k after paying for your endorsement (Bras, dash etc)

Most guys are taking pay cuts to fly jets for airlines. In fact a turboprop FO is doing better than a Jetstar NZ FO. They also have their training covered and are paid from day 1 of their training.

Hell you will be earning a similar take home pay flying as a single engine VFR Pilot in Australia as you will a Jetstar FO in NZ. Play the exchange rate and it's even better (circa 30%).

Don't get ripped off.

PhoenixNZ 14th Sep 2011 07:15

My NZ ATPL is part of my course which is student loan funded so I will be doing them regardless.

With NZ ATPL done it shouldn't I would hope take much to get my Aus ATPL theory. At the end of the day a plane is a plane in any country lol.

The Green Goblin 14th Sep 2011 07:22

Maybe, but wait till you tackle the aviation regulation which is Australia :rolleyes:

big buddah 14th Sep 2011 09:52

Your NZ ATPL subjects on your course will be absolutely useless as a cadet at Jetstar.
You'll be flying a VH rego and any future upgrade will require 500hrs multi command.
Have a serious think about your future!

The Kelpie 21st Sep 2011 11:09


FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 206

Base rate of pay under an enterprise agreement must not be less than the modern award rate or the national minimum wage order rate etc. If an employee is covered by a modern award that is in operation

(1) If:

(a) an enterprise agreement applies to an employee; and

(b) a modern award that is in operation covers the employee;

the base rate of pay payable to the employee under the agreement (the agreement rate ) must not be less than the base rate of pay that would be payable to the employee under the modern award (the award rate ) if the modern award applied to the employee.

(2) If the agreement rate is less than the award rate, the agreement has effect in relation to the employee as if the agreement rate were equal to the award rate.

If an employer is required to pay an employee the national minimum wage etc.
I Wonder how this provision of the fairwork act relates to the rate for the Junior First Officer rate agreed to by AFAP in the recent cadet deal that was done??

Perhaps one for you Lawrie??

Duff 21st Sep 2011 21:55

Can anyone tell me if the DE guys in the hold pool from last year are getting starts?

ACT Crusader 22nd Sep 2011 01:11

Kelpie - what are you implying in quoting section 206? Are the rates agreed to between AFAP and J* lower than the Modern Award?

Clause 206 basically ensures the integrity of the "safety net", for instance if these FO are going to go on an enterprise agreement (which is happening) then this section ensures that when the better off overall test is applied that their pay can not be lower than the Modern Award at any point in time of the life of the agreement.

The Kelpie 22nd Sep 2011 03:39

ACT.

The better off overall test is a separate matter in order for FWA to approve the enterprise agreement.

This clause relates to the basic rate of pay and provides that the enterprise agreement cannot stipulate a lower basic rate of pay than the modern award. If it does, the
Modern Award rate together with the appropriate additions to pay Will prevail.

Basic Rate of Pay is not one of the flexible provisions allowed within the Modern Award.

As we all know the JFO does not exist under the modern award and therefore under the award, by definition, they are just classified as a FO operating a narrow bodied jet.

There is a substantial difference between the rate in the jetstar EBA and the Modern Award that would be aplicable to the guys.

As always my legal interpretation.

More to Follow

The Kelpie

waren9 22nd Sep 2011 03:43

Thats curious Kelpie. If so, why did AFAP sign off on it?

The Kelpie 22nd Sep 2011 05:44

To get a 'neutral cost agreement' given that Jetstar have to extinguish the cadet funding agreement and refund training monies paid to date??

Who knows??

I do know that the cadets are effectively part time so this may account for some of the difference.

Thats why i asked for Lawrie to possibly answer this one.

The Kelpie 23rd Sep 2011 07:05

I've had another look at this issue and read the AFAP cadet deal in conjunction with the flexi-line arrangements and I calculate that the cadets have been potentially shortchanged by approximately $20,000 - $26,000 per annum based upon my understanding of section 206 of the Fair Work Act.

Essentially, according to my understanding the deal that has been struck is not compliant with the Fair Work Act. No wonder that JQ management Snapped Afap's hand off and rushed everything through when the deal was being struck!!

Unfortunately for management the correct way to deal with this situation is for the salary within the agreement to be corrected in line with the Act.

More to Follow

The Kelpie

Lawrie Cox 23rd Sep 2011 08:32

Kelpie
The position is that the cadets were brought back under the coverage of the existing EBA. The rates were established prior to the introduction of Fair Work and the minimums of the Air Pilots Award. You might also read the transition legislation in addition to the section quoted and you will find that the rate will not exceed the minimum prior to the expiry of the current agreement and the future agreement then is covered by the section you quote.

Note also that cadets do not have the ATPL experience requirements and stay on the JFO rate for a maximum of two years, then auto transition. Where experience level held go straight to level one F/O.

Further all parties agreed the position including the Qantas pilot group.
Hope this clears up the misunderstanding.
Lawrie Cox
AFAP

The Kelpie 23rd Sep 2011 10:49

Thanks for the reply Lawrie


The position is that the cadets were brought back under the coverage of the existing EBA. The rates were established prior to the introduction of Fair Work and the minimums of the Air Pilots Award.
True. But like it or not the Jetstar EBA is now considered under the FW (TP&CA) Act 2009 to be a transitional instrument and more particularly an 'agreement-based transitional instrument' and it is now dealt with under the transitional provisions legislation as you quite rightly point out.


You might also read the transition legislation in addition to the section quoted and you will find that the rate will not exceed the minimum prior to the expiry of the current agreement and the future agreement then is covered by the section you quote.
You might want to verify that this is the case by seeking further legal opinions. There is a widely held legal view that whilst almost all of the provisions of the EBA must continue until expiry, and to the exclusion of the Modern Award, as of 1st January 2010 the provisions relating to base rate of pay similar to that of section 206 apply to all agreement-based transitional instrument covered parties (Schedule 9, Part 4, Paragraph 13 of the FWA Transitional Provisions etc Act). It is only during the 'bridging period' (1/1/09 - 1/1/10) defined by the Act that your understanding is appears to be correct.

(the Jetstar EBA is considered an agreement-based transitional instrument for the purposes of the Fair Work Act)


Note also that cadets do not have the ATPL experience requirements and stay on the JFO rate for a maximum of two years, then auto transition. Where experience level held go straight to level one F/O.
I acknowledge this is the case but this is of absolutely no relevance to the establishment of the minimum base rate of pay under the Modern Award since the Air Pilots Award does not stipulate that an ATPL licence is a pre-requisite to be paid the rate for a narrow bodied aircraft together with the appropriate additions to salary under Schedule B. In fact under the modern award the requirement by the employer to hold an ATPL licence should attract a further addition of $4,146.58 to the minimum FTE salary quoted below.

Under the Modern Award I calculate the minimum salary for a First Officer flying a narrow body aircraft with additions for Turbo Jet and Instrument Rating to be $84,561.16. This is minimum Full Time Equivalent (FTE) salary that should be applied to the JFO role on the Jetstar EBA operating as a Transitional Instrument.

Under the Flexi-Line arrangements the FTE for a JFO is $57,118 as the agreement provides for a pro-rata calculation to be made. Based on a notional roster of 56 hours their salary, save for the conditional provision of a minimum salary would be much less. Whilst the flexi line arrangements provide that the cadet will receive the above figure as an annual minimum regardless of the number of hours flown this is caveated on the basis that the cadet must fly 'all duties as directed' to qualify for this minimum payment. Given that the 56 hours under the flexi-line agreement is purely notional i would expect management will be rostering a much higher number of hours for cadets (which they cannot refuse according to the contract to qualify for the min salary) to get the maximum value out of the 57k paid to the cadets. Why will management do this? - because it will not necessarily cost them a cent more in Extra Flying Allowance. This is to the detriment Of all level 1 and above FOs.


Further all parties agreed the position including the Qantas pilot group.
And? Assuming there is a different understanding of the Act, Since when can agreeing parties opt out of the laws of the land? Further what allows an employer to attempt to use the agreement of the parties to indemnify itself against the requirements of the Fair Work Act?

Finally Lawrie you previously said:


Kelpie you mistake the fact that the Federation is industrial relations (IR) not public relations (PR) or spin, the documents are our newsletters and the work of the Jetstar Pilot reps.
Based on the newsletters you have published and the seemingly fundamental problems with the Cadet deal unfortunately I have to question whether this is indeed the case. Time to change your legal advisors I think!!

More to Follow

The Kelpie

OneDotLow 24th Sep 2011 11:45

Lawrie Cox wrote :


Further all parties agreed the position including the Qantas pilot group.
Are you where Bruce Buchanan gets his "Qantas Pilot's Union" line from when referring to AIPA ? ? ?

Last time I checked, AIPA was the chosen industrial association of around 65% of Jetstar Pilots.

Di_Vosh 26th Sep 2011 00:06


Last time I checked, AIPA was the chosen industrial association of around 65% of Jetstar Pilots.
ROFLMAO!

And how many are members of both unions? Plenty more than 35% of J* pilots are AFAP members. :bored:

One of my mates is a J* A320 captain and he's telling me that J* pilots who joined AIPA last year are pretty disillusioned with them and are now leaving AIPA to join the AFAP.

Something about Lots of talk, lots of spin, AIPA are doing this, AIPA are doing that, but zilch when it comes down to actually doing anything...

DIVOSH!

Muff Hunter 26th Sep 2011 06:20

DiVosh,

you are incorrect with your numbers....

AIPA have around 60% of the numbers (with the mou pilots coming it now closer to 65%)

AFAP have around 15% percent...

The Kelpie 27th Sep 2011 11:38

Where is Lawrie shouting victory from the rooftops now??

The silence is deafening!!!

Keg 27th Sep 2011 16:26


Something about Lots of talk, lots of spin, AIPA are doing this, AIPA are doing that, but zilch when it comes down to actually doing anything...
Interesting. A casual read of the AIPA newsletter would show that the J* AIPA members have been well supported on grievances and legal issues over the last few years- enough for it to raise some eyebrows from QF AIPA members as to the allocation of resources and funding well out of proportion to the membership numbers. Still, it's the principle that matters and I don't mind spending the money on any member who has been done over.

Condition lever 27th Sep 2011 22:13

Perhaps a casual read of the FWA transcripts would be more appropriate.
I have been a "sponsor" of AIPAs industrial naivete since joining Jetstar.
I cannot think of an issue where they have actually been successful.
The fact that the AFAP has been able to achieve something, has placed the doubt in my and many others minds, as to the benefits of continuing with AIPA.

waren9 28th Sep 2011 02:02

A rather simplistic view there mate.

Its a bit harder in FWA when AFAP and company brown noses actively take Jetstars side. Something AFAP hasnt had to deal with I'll point out.

The issues that AIPA have been less successful with are less to do with its "naievity" and more to do with trying to defend pilots against company finding the holes in an EBA you could drive a truck through that you lot voted up.

Condition lever 28th Sep 2011 02:26

Pretty sure the loss of the Jetconnect case had nothing to do with the AFAP or the Jetstar EBA.

waren9 28th Sep 2011 05:03

Again, why the assertion of naievity?

The JetConnect case was about Qantas using loopholes and grey areas that the laws of neither country had forseen or given any protection against.

toolish 29th Sep 2011 00:28

What has AIPA done-

Ok no legal battles won but management at least thinks twice before doing whatever it wants legal or otherwise.

Management now to some extent consults with the JPC as opposed to their previous definition of consulting, which was basically just telling the JPC what they are going to do.

They now consult with the JPC, AIPA and the AFAP.

Forced AFAP to start representing.

Therefore in my opinion AIPA has done a lot, we are in a much better position than we would have been otherwise.

jibba_jabba 29th Sep 2011 09:11

Is it true that Jetstar are starting to ramp up its hiring again? And if does anyone know the contracts they have been hiring on and the bases?

Keith Myath 29th Sep 2011 12:43

Kelpie, you are barking up the wrong tree. As Lawrie has pointed out, the Jetstar EBA is a pre Fair Work EBA. The BOOT (better off overall test) did not apply and nothing has been tested with regard to the transitional arrangements from Workchoices to the Fair Work Act with respect to the Jetstar EBA.

If a cadet has a problem with the base pay then all they have to do is start the grievance procedure as outlined within their EBA. Before they do that they should have a look at what the Air Pilots Award (what the BOOT test is compared against) provides for FO’s on A320 equipment.

Air Pilots Award $81,781 (Base = $71,397, Jet = $5,524, Instrument = $4,860).

Jetstar Junior FO 2011 $57,118 + 6% Retention = $60,545.
Jetstar Junior FO 2012 $58,831 + 6% Retention = $62,360.

The Cadets are on the flexi line deal but guaranteed the full time JFO pay (the above pay rates). The flexi line deal is a part time policy with 75% availability (working 15 days per month instead of 20).

If you apply the same pro ration to the Air Pilots Award, you end up very close with $81,781 x 0.75 = $61,335. So a commissioner my be less sanguine than yourself when confronted with a bolshie cadet, who originally signed up for a crap $42,000 NZ contract, with 6 years of debt servitude. Remember, the Cadet is not paying a single cent for their training under this deal (originally they were paying in the vicinity of $80,000), in fact, they are having all monies paid to Jetstar REFUNDED!!

Thanks to the AFAP’s legal strategy, the cadet has been blessed with incredible good fortune. They signed onto a crap NZ deal, and then walked away with free training and an A320 endorsement, enough seniority to be based on the east coast of Australia and covered by a collective agreement.

There will be no more cadets with this luck.


Where is Lawrie shouting victory from the rooftops now??

The silence is deafening!!!
Kelpie, you are being mischievous and stirring up trouble. If AIPA want to test this arrangement, go right ahead, but as the Majority of Jetstar pilots are discovering, they haven’t been successful in any single attempt. Instead, they have been setting dangerous precedents left right and centre by challenging and loosing weak cases time and time again. These precedents ultimately weaken any future challenge before they get started. Sometimes it is better to keep your powder dry and fight from a position of strength.

For those with the AIPA blinkers still firmly strapped to their noggins, have a close read of the AIPA insights dated 2 September 2011 which relates to the Jetstar Cadet issue and answer one question:

Insights

The result would not have been possible without your support in challenging the Company and asking why the need existed to circumvent the EBA. Of course, impending Federal Court Cases by both AIPA and the AFAP, as well as the complaint lodged by AIPA with the Fair Work Ombudsman, created a very strong incentive for the company to solve this problem out of Court, and to its credit the Company has seen reason in this instance an changed its approach to dealing with AIPA.
WHAT IMPENDING FEDERAL COURT ACTION IS AIPA TALKING ABOUT???

I would contend that the only reason the company saw any sense with regard to the Cadet issue (and flexi line employment) is that the AFAP were putting the companies balls in a vice with their two applications in the Federal Court. I challenge anyone to find AIPA’s application to the Federal Court.

AIPA has been caught with their pants down in dealing with the biggest threat to the Jetstar pilot EBA and ultimately collective bargaining in this industry. If Jetstar was successful in undermining the pilots EBA, the contagion would have spread through the industry, eventually undermining every collective agreement including the Mainline longhaul agreement. Thank your lucky stars there are still some AFAP stalwarts in Jetstar that saw off this threat. Red ties and sternly worded PA’s are no match for the ruthless operatives at the helm of Jetstar.

Kangaroo Court 29th Sep 2011 15:22

:ok:Probably the best written post on here in the last 2 years!

The Kelpie 30th Sep 2011 01:24

Keith

With the greatest of respect it is you that are barking up the wrong tree.

The BOOT applies only to Enterprise Agreements made since the FWA was introduced and to EBAs made under the WR Act during the FWA bridging period as defined in the transitional provisions legislation. The legislation absolutely does not require or suggest that the BOOT should be applied to agreements made under the WR Act.

It is this fundamental misunderstanding of the Act that you do not seem to be grasping. I would encourage you to personally read both the Act and particularly the transitional provisions legislation and the wealth of information available on the internet on this very subject. If you want to be sure that you are talking fact then you should do the research yourself instead of listening to, and being pursuaded by others who quite obviously have a fundamental misunderstanding of the requirements of the Act. For a union that represents a large number of members this is very disturbing as these guys should be the smartest in the room when it comes to the requirements of this Act.

The transitional provisions legislation classifies all existing EBAs as 'transitional instruments' and more particularly 'agreement based transitional instruments' and calls for all existing EBAs signed prior to 1/1/09 to remain in force. There is an exception to this in relation to Base Rate of Pay and complying with the NES which i will cover later. To verify the correctness of this statement that i have made I would encourage you to go onto the FWA website and look up Schedule 3 of the Fair Work (Transitional Provisions & Consequential Amendments) Act 2009.

The following is extracted from an article written by Professor Andrew Stewart and was published in the Piper Alderman publication Employment Matters, March 2009. It summarises the legal situation of tge Jetstar EBA. (my bolding)


Status of old agreements

Any agreement-based transitional instrument that is in operation when the FW Act commences will continue in force, until terminated or replaced. This covers a collective agreement, certified agreement, workplace determination, s 170MX award, Australian Workplace Agreement (AWA) or ITEA made under the WR Act, as well as a preserved State agreement or an old IR agreement.

Such agreements do not just apply to the original parties, but to any new employees who fall within their coverage.

There is no sunset or ‘drop dead’ date for agreement-based transitional instruments – except those involving a non-national system employer, which cannot operate beyond 27 March 2011.

The permissible content of any old agreement is generally determined by whatever ‘content rules’ applied immediately before the commencement of the FW Act. Hence, for example, any workplace agreement made between 27 March 2006 and 30 June 2009 will remain subject to the ‘prohibited content’ rules in s 356 of the WR Act.

However, where an agreement confers any function or power on the AIRC, for example in relation to dispute resolution, the agreement will be taken to refer to FWA instead.

Old agreements will also generally be subject to whatever ‘interaction rules’ applied before the commencement of the FW Act, in determining whether it prevails or has priority over some other transitional instrument.

Modern awards will be generally be inapplicable while an old agreement remains in force. The main exception here is a pre-reform certified agreement (ie, a collective agreement made under the WR Act prior to Work Choices). This can operate alongside a modern award, though it will prevail over the award to the extent of any inconsistency.

[bold]As with EAs made under the FW Act, the basic rates of pay set by an old agreement cannot be less than the minimum rates set by a modern award or a national minimum wage order.[bold] If that requires a significant wage increase as from 1 January 2010 that would threaten the viability of a business, the employer can apply to FWA to phase in the increase.

Old agreements, like other transitional instruments, can generally be enforced under the compliance provisions in Part 4-1 of the FW Act. But no injunction can be granted by a court to restrain a breach of a transitional instrument.
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.


The flexi line deal is a part time policy with 75% availability (working 15 days per month instead of 20).
....and a threshold of 56 flight hours per roster period after which Extra Flying Allowance (EFA) is paid according to the provisions of the EBA. You casually left that bit out!!!

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 flight hours 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.

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!!

Spot the JQ management slight of hand? Flight hours are the basis of pro-rata for salary then duty days are the pro-rata for when you have to work and not flight hours!!! WTF. At least that is what is written!!

Finally, the FWA definition of Base Rate of Pay does not allow the inclusion of allowances, bonuses and such like so these cannot be considered when drawing a comparison between the base rate of pay under the Jetstar EBA and the Modern Award.

Keith, i have no problem with you calling me mischevious but please only do so when you can present an argument that shows this to be case. So far you have failed to do this.

The fact that Lawrie has not responded to my previous post perhaps shows that there may be truth and fact in what i am saying. If the information you have posted is straight from the AFAP party line then let Lawrie fight his own battles and be held to account when the truth comes out. After all it is his job to be accountable to the membership for allowing AFAP to be hoodwinked by JQ managment. The best he can do now is not to bury his head in the sand and use the legislation to sort this situation out.

More to Follow

The Kelpie

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.

Keith Myath 30th Sep 2011 05:50

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???

The Kelpie 30th Sep 2011 13:20

Keith

I do not consider that I have provided an academic's thesis on any subject, I have simply referred to the Fair Work Act, the transitional provisions legislation and the other documents being discussed and presented the facts laid before me.

You said:


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.
Are you suggesting that the Commissioner has a free rein to determine as he sees fit or is it not, certainly in this case, that he simply has to determine on the correct application of the Act?


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.
Where did this calculation get dreamt up from? - And you say I invent things!!

This is another argument all together, albeit I accept it is connected to the discussion in hand as it may provide one method of pro-rata to the minimum wage stipulated by the Modern Award, so I will endulge you in debate on this occasion.

Whilst in the normal working world a 38 hour week is generally regarded as 5 working days and 2 days off (the traditional 9 'til 5), both you and I know that this is not true of the life of a pilot. Clause 24.6 does not prescribe this working pattern it simply states that a normal roster period will comprise of 5 working days and 2 days off, it does not say that a pilot must work on each or all of those days. Practically for various reasons a pilot does not necessarily work this pattern and the actual pattern is generally determined by flight time limitations and company operational requirements. The fact of the matter is that there are no stipulations as to the pattern of work, the number of duty hours that a pilot must work, or indeed flying hours that a pilot must fly in the Modern Award. The fact is that there only exists limitations which cannot be exceeded, an average of 38 hours per week in the case of duty hours as provided for in the NES and 900 flying hours per year (together with the progressive totals) stipulated by CAO48.1.

The Jetstar EBA through Clause 23.1.1 suggests that a Full Time Pilot's salary as detailed in Clause 25.1 of the Jetstar EBA is based upon 900 flying hours per annum, the maximum allowed under CAO48.1 Flight Time limitations (without the Jetstar exemption issued by CASA). This would be the same 900 hour flight time limitation prescribed by the Award. I would suggest that it is more appropriate to use the commonality of flight time between the agreements as the basis for the pro-rata. Indeed it is exactly this method that the Jetstar EBA uses to establish the salary applicable to a part-time or job share pilot so it must be valid. In the interest of comparing apples with apples I would suggest the commissioner would see that this is a reasonable assertion to make despite the possibility that he or she is not an academic.


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!
Let me try to clarify what I meant. The flexi-line agreement provides for a reduced availability only as a direct result of the initial company requirement to offer contracts that guaranteed only a proportion of the full time credit hours in a given roster period which in turn, through the mechanism provided in the EBA, would lead to a reduced level of remuneration compared to a full time employee. The reduced availability in physical time was demanded as a secondary consideration by AFAP, and is in the same proportion to ensure the true part-time operation of the contract was preserved and to ensure it was not a full time role simply working less hours and being paid less.

What is actually happenning is the converse to that feared by AFAP in that the company is rostering cadets for a higher number of flight hours on the reduced number of available days (allowed due to roster flight hours being notional only), ie. a lesser number of longer duty periods but still within the reduced physical time provided for by the flexi-line agreement. The cadets must work these longer duty periods comprising more flight time as a condition to qualify for the minimum salary payment, clause 11 of the cadet agreement states (my bolding):


11. The Minimum Remuneration will only apply where the Cadet undertakes all duties as directed and the Cadet remains employed by JQA. The Minimum Remuneration will be pro rated in the event that a Cadet takes unpaid leave.
This is where the slight of hand takes place, and I feel you just aint getting it:


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!!
At last we agree on something!! Jetstar will pay a cadet as you have stated but only as a result of the minimum remuneration clause in the cadet contract. Unfortunately, as stated above what is actually happenning is that the company is rostering cadets for more than 56 hours per roster period but this does not necessarily lead to an increase in monthly salary payment. In fact they are actually being rostered for at least the full-time equivalent hours in each roster period.

This leads me on quite nicely to the next matter you wished to debate:


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.
I never said that the cadet would be paid less than $57,118 per annum, what I said was that a Cadet's adjusted base salary, (note, not minimum salary) under flexi line is $42,468 for working 56 flight hours and that in order to qualify for this to be topped up to the minimum payment provided for under the seperate cadet agreement they must work all additional duties as directed. Hopefully the remainder of this post will illustrate what I mean.

The following is taken directly from the Flexi-Line agreement:


1.1.2. Monthly base salary will be as defined by Subclause 25.1 of the Jetstar Airways Pilots Agreement 2008 (‘Agreement’) and will be calculated by dividing the relevant fulltime Pilot’s base salary by 12 months then dividing by 75 Credit Hours then multiplying that figure by 56 Credit Hours.

1.1.3. All hours worked in a Roster Period greater than 56, where there is no Annual Leave in that Roster Period, will be paid in accordance with Paragraph 25.5.1 of the Agreement (i.e., Annual Salary / 787.0).

1.1.3.1. For example, if a FL Pilot performs 77 Credit Hours in a Roster Period and there is no Annual Leave in the Roster Period, the Pilot will receive the following:
 Credit Hours 0-56 = Base Salary divided 12 months divided 75 credit hours multiplied by 56 Credit Hours; and
 Credit Hours greater than 56 will be paid in accordance with Paragraph 25.5.1 of the Agreement (i.e., Annual Salary / 787.0 multiplied by 21 Credit Hours (77 Credit Hours minus 56 Credit Hours = 21 Credit Hours).
1.1.4. If a Pilot performs less than 56 Credit Hours per Roster Period, Jetstar will pay the Pilot for a guaranteed minimum of 56 Credit Hours per Roster Period.
For illustration purposes lets work through the example quoted in the actual agreement using the benefit of an actual cadet roster of 75 flying hours (900 hours per year or the full time equivalent) in a given roster period:
 Credit Hours 0-56 = $57,188 divided 12 months divided 75 credit hours multiplied by 56 Credit Hours; $3,559 per month or $42,468 per year
 Credit Hours greater than 56 will be paid in accordance with Paragraph 25.5.1 of the Agreement (i.e., $57,188 / 787.0 multiplied by 19 Credit Hours (75 Credit Hours minus 56 Credit Hours = 19 Credit Hours); $1,381 per month or $16,572 per year.

Total annual salary for the cadet rostered and working 75 flying hours per month (Full Time Equivalent)= 12 x ($3,559+$1,381) = $59,280.
The salary determined by the Modern Award as a direct comparison to the example given above is by your reckoning $81,781. Difference $22,501.


if you think you have a case then go test it in front of a commissioner.
In the legal profession we call this 'fortressing', it is usually seen where a lawyer believes his client's position is under attack and is in danger of crumbling. A lawyer will shut down, cease introducing new argument, put up the barricades and try and pass the buck to a third party. I am disappointed that our little debate has resulted in such a tactic.

Finally to a bit of unfinished business:


Can you answer my question from the first post?

Quote:
WHAT IMPENDING FEDERAL COURT ACTION IS AIPA TALKING ABOUT???
Sorry cannot help there, like I said previously you are are barking up the wrong tree!!

More to follow

The Kelpie

toolish 1st Oct 2011 00:10

How does every post about Jetstar end up being a pissing contest between AFAP and AIPA:ugh::ugh::ugh::ugh:

At some stage, probably when we qualify for government assistance due to our income levels, you guys may start realising where the main game is and we are losing that one big time.

AIPA - the thorn in Managements side, good work although the achievements may not make headlines.

AFAP - Jetstar manangements "friend with benefits" that due to AIPA sabre rattling have woken up from a deep sleep and realised it may not be in their best interest to be in the managements pocket. Good work should have started that work 8yrs ago.

AIPA and AFAP working together which is the only way to achieve a decent outcome, I guess it doesn't hurt to dream:zzz::zzz::zzz:

Keg 1st Oct 2011 01:23

Great post toolish!

(Glad I caught the auto correct then. It changed 'toolish' to 'foolish'. Only caught it on the proof read otherwise it could have been very embarrassing! ) :ok:

The Kelpie 13th Oct 2011 23:54

I understand the penny has dropped!!!

Hmmmmm


All times are GMT. The time now is 11:30.


Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.