AFAP (Federation) takes legal action against Jetstar
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AFAP (Federation) takes legal action against Jetstar
We copy below the text of our two most recent newsletters for information. We have initiated Federal Court action against the proposed Jetstar Group operation.
TO: All Jetstar Pilots
FROM: AFAP Jetstar Pilot Council
DATE: 17 May 2011
RE: Jetstar Group Pilot Contracts – AFAP Application to the Federal Court
Today the AFAP filed proceedings in the Federal Court of Australia against Jetstar Group Pty Limited. The application seeks declarations, penalties and compensation pursuant to the Fair Work Act 2009.
We have also made application for interlocutory relief (i.e. an injunction to stop the company from continuing to offer the contracts as they currently stand).
The proceedings have been commenced on the basis that we believe that Jetstar Group Pty Ltd has or proposes to contravene the Air Pilots Award.
The matter has been listed for Directions at 9.30am on 10 June 2011 in Melbourne.
We will keep you advised of developments.
Thank you to all the Jetstar pilots who came to the AFAP Jetstar Pilot Meeting held in Melbourne today. We hope to see as many of you as possible (union member or not) at tomorrow’s AFAP Jetstar Pilot Meeting in Sydney
Sydney
10:00am – 11:00am
Wednesday 18 May 2011
St George Rowing Club
1 Levey St, Wolli Creek
Meetings at other ports to be advised shortly
All Jetstar pilots need to take notice, get informed, and defend their Jetstar EBA.
PLEASE DISTRIBUTE THIS NEWSLETTER TO ALL YOUR COLLEAGUES AND ENCOURAGE EVERY JETSTAR PILOT TO ATTEND
If you have any questions regarding this matter please contact Simon Lutton at the AFAP on [email protected],
Regards
AFAP Jetstar Council
+++++++++++++++++++++++++++++++++++++++++++++++
TO: All Jetstar Pilots
FROM: AFAP Jetstar Pilot Council
DATE: 17 May 2011
RE: Jetstar Group Pilot Contracts - Questions
It is great to see so many of us sending a strong message directly to Jetstar management about the Jetstar Group individual contracts.
We remind pilots to ensure that your emails remain professional and cannot be construed as supporting unprotected industrial action.
We are actively working with the AFAP staff and legal advisers to develop a strategy designed to ensure that all Jetstar pilots flying in Australia are employed under your EBA. This includes initiating legal action as soon as possible.
Below are a few questions you may wish to ask management when they try to persuade you with their two second grabs of “comparable terms” and “not our intent”:
1. Why didn’t the company seek variations to the existing Jetstar EBA before offering the contracts?
2. Why can the contract be changed by the Company at any time at its “absolute discretion”?
3. Why is there no guaranteed wage increases under the contract?
4. Why does the contract deem a pilot to be part-time although required to be available Monday to Sunday and restricted from working elsewhere?
5. Why won’t you raise the minimum guarantee to 800 hours if you believe and intend all pilots under the contract will receive between 800-900 hours?
6. Why does the contract use only “block hours” for the payment of salary?
7. Why does the contract only provide for 9 days off per month?
8. Why does the contract define “a day off” as a twenty four hour period free of duty?
9. Why does the contract provide for a lower payment when working on a day off?
10. Why does the contract provide lower meal allowances than the Jetstar EBA or Award?
If you have any questions regarding this matter please contact Simon Lutton at the AFAP on [email protected],
Regards
AFAP Jetstar Council
TO: All Jetstar Pilots
FROM: AFAP Jetstar Pilot Council
DATE: 17 May 2011
RE: Jetstar Group Pilot Contracts – AFAP Application to the Federal Court
Today the AFAP filed proceedings in the Federal Court of Australia against Jetstar Group Pty Limited. The application seeks declarations, penalties and compensation pursuant to the Fair Work Act 2009.
We have also made application for interlocutory relief (i.e. an injunction to stop the company from continuing to offer the contracts as they currently stand).
The proceedings have been commenced on the basis that we believe that Jetstar Group Pty Ltd has or proposes to contravene the Air Pilots Award.
The matter has been listed for Directions at 9.30am on 10 June 2011 in Melbourne.
We will keep you advised of developments.
Thank you to all the Jetstar pilots who came to the AFAP Jetstar Pilot Meeting held in Melbourne today. We hope to see as many of you as possible (union member or not) at tomorrow’s AFAP Jetstar Pilot Meeting in Sydney
Sydney
10:00am – 11:00am
Wednesday 18 May 2011
St George Rowing Club
1 Levey St, Wolli Creek
Meetings at other ports to be advised shortly
All Jetstar pilots need to take notice, get informed, and defend their Jetstar EBA.
PLEASE DISTRIBUTE THIS NEWSLETTER TO ALL YOUR COLLEAGUES AND ENCOURAGE EVERY JETSTAR PILOT TO ATTEND
If you have any questions regarding this matter please contact Simon Lutton at the AFAP on [email protected],
Regards
AFAP Jetstar Council
+++++++++++++++++++++++++++++++++++++++++++++++
TO: All Jetstar Pilots
FROM: AFAP Jetstar Pilot Council
DATE: 17 May 2011
RE: Jetstar Group Pilot Contracts - Questions
It is great to see so many of us sending a strong message directly to Jetstar management about the Jetstar Group individual contracts.
We remind pilots to ensure that your emails remain professional and cannot be construed as supporting unprotected industrial action.
We are actively working with the AFAP staff and legal advisers to develop a strategy designed to ensure that all Jetstar pilots flying in Australia are employed under your EBA. This includes initiating legal action as soon as possible.
Below are a few questions you may wish to ask management when they try to persuade you with their two second grabs of “comparable terms” and “not our intent”:
1. Why didn’t the company seek variations to the existing Jetstar EBA before offering the contracts?
2. Why can the contract be changed by the Company at any time at its “absolute discretion”?
3. Why is there no guaranteed wage increases under the contract?
4. Why does the contract deem a pilot to be part-time although required to be available Monday to Sunday and restricted from working elsewhere?
5. Why won’t you raise the minimum guarantee to 800 hours if you believe and intend all pilots under the contract will receive between 800-900 hours?
6. Why does the contract use only “block hours” for the payment of salary?
7. Why does the contract only provide for 9 days off per month?
8. Why does the contract define “a day off” as a twenty four hour period free of duty?
9. Why does the contract provide for a lower payment when working on a day off?
10. Why does the contract provide lower meal allowances than the Jetstar EBA or Award?
If you have any questions regarding this matter please contact Simon Lutton at the AFAP on [email protected],
Regards
AFAP Jetstar Council
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Well done to the AFAP,
I've had reservations as to your intentions for a long time, but now I'm glad to be proven wrong.
The aviation community is behind your efforts to break these corporate criminals.
I've had reservations as to your intentions for a long time, but now I'm glad to be proven wrong.
The aviation community is behind your efforts to break these corporate criminals.
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Glad to hear you are standing up to fight for justice.
Send these greedy ceo's and managers a message.
It is airlines like this that makes me regret getting into this industry over 25 years ago and is screwing my profession.
Trademen, contractors and MANY other jobs make much better money nowadays. Take up a better paying career and buy your own homebuilt plane to enjoy flying.
How many airline pilots can afford to own a homebuilt aircraft compared to other jobs. Not many it seems.
Good luck and stand firm!
Send these greedy ceo's and managers a message.
It is airlines like this that makes me regret getting into this industry over 25 years ago and is screwing my profession.
Trademen, contractors and MANY other jobs make much better money nowadays. Take up a better paying career and buy your own homebuilt plane to enjoy flying.
How many airline pilots can afford to own a homebuilt aircraft compared to other jobs. Not many it seems.
Good luck and stand firm!
Last edited by Mr Pilot 2007; 18th May 2011 at 21:07.
Fantastic news Lawrie, Simon, AFAP, and the JPC. What an absolute disgrace that it had to come to this.
Best of luck with the fight boys and girls, you are now fighting for the professional standing of all pilots in Australia.
P.S. I heard on the grapevine that a pilot from my Company is considering taking up the Jetstar Group contract. ARE YOU FREAKING INSANE?! Hope I was misinformed, but there is no way you or anyone else could even contemplate doing such thing now.
Best of luck with the fight boys and girls, you are now fighting for the professional standing of all pilots in Australia.
P.S. I heard on the grapevine that a pilot from my Company is considering taking up the Jetstar Group contract. ARE YOU FREAKING INSANE?! Hope I was misinformed, but there is no way you or anyone else could even contemplate doing such thing now.
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Very strong rumour this afternoon that multi million dollar investors and fund managers are meeting tomorrow regarding the conduct of this scum. Continual fall in share price has many losing millions per week as these unnecessary management provoked industrial issues continue to reek havoc. Apparently the vermin of Paddy, Reg and the entire board have until COB next Friday 27 May to get their sh*t together or an EGM is being held for a vote of no confidence and have the lot ousted. Allegedly, temporary emergency board management is being arranged. 
It seems there have been some headway with management.
The union has put forward that Jetstar is not to offer any Pilot the contract, and if they wish to hire it will be on the EBA.
Jetstar said they are considering the proposal.
Lets see where this takes us.
For those who have accepted (the figure is less than a handful) SHAME ON YOU!
For those who declined along with those who withdrew their applications, I salute you!
The union has put forward that Jetstar is not to offer any Pilot the contract, and if they wish to hire it will be on the EBA.
Jetstar said they are considering the proposal.
Lets see where this takes us.
For those who have accepted (the figure is less than a handful) SHAME ON YOU!
For those who declined along with those who withdrew their applications, I salute you!
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Fingers crossed this is correct and long overdue.
Never get between a fund manager and his money I say.
Hope that all concerned are keeping fund managers and anyone who will listen tuned into this site.
I have been through a similar experience with an equally capable management team who destroyed lives for their own benefit and when the axe fell the pace of the recovery in morale shocked everyone because all the staff wanted was for someone to listen and involve them.
Bring on the revolution!!!
Never get between a fund manager and his money I say.
Hope that all concerned are keeping fund managers and anyone who will listen tuned into this site.
I have been through a similar experience with an equally capable management team who destroyed lives for their own benefit and when the axe fell the pace of the recovery in morale shocked everyone because all the staff wanted was for someone to listen and involve them.
Bring on the revolution!!!
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Very strong rumour this afternoon that multi million dollar investors and fund managers are meeting tomorrow regarding the conduct of this scum. Continual fall in share price has many losing millions per week as these unnecessary management provoked industrial issues continue to reek havoc. Apparently the vermin of Paddy, Reg and the entire board have until COB next Friday 27 May to get their sh*t together or an EGM is being held for a vote of no confidence and have the lot ousted. Allegedly, temporary emergency board management is being arranged.
The fix is remarkably simple, find a management team that thinks like Southwest Airlines, the worlds most continuous profitable airline, people are its DNA. The book is the handbook to restore Qantas. If you would like a copy PM or email me at thebreafastburrito {at} hotmail dot [com] and I will express post a copy to you.
You have two simple choices, persist with the current management and lose your entire investment. Current management appear to be hell bent on destroying Qantas, from which a private equity fund will scoop up the crown jewels of Qantas at firesale prices. (Ask Leigh Clifford about his association with KKR)
The second choice, is to show the current management team, from the board down the door, re-engage your staff, re-engineer the business by trusting your employees to run the business from the bottom up to be profitable (Southwest model) and watch your profits soar.
I have documented what I believe is the "gameplan" to swindle you the shareholder, the customers & employees over a the last 3 years. My previous posts can be found HERE.
Last edited by breakfastburrito; 19th May 2011 at 08:07.
Firstly, congratulations to the AFAP Jetstar Council for fighting this outrageous contract, both in court and by mobilising the voice of your members.
I do have a question though regarding the court action you have launched. Rather than fighting the fact that Jetstar are side-stepping the EBA, it seems that you are arguing their interpretation of the Air Pilots Award.
I base that on this comment:
Does this mean that Jetstar are completely within their legal rights to employ pilots on the Award outside the EBA?
I hope that is not the case but I am far from an expert on IR law.
I do have a question though regarding the court action you have launched. Rather than fighting the fact that Jetstar are side-stepping the EBA, it seems that you are arguing their interpretation of the Air Pilots Award.
I base that on this comment:
The proceedings have been commenced on the basis that we believe that Jetstar Group Pty Ltd has or proposes to contravene the Air Pilots Award.
I hope that is not the case but I am far from an expert on IR law.
Good Questions Beerbaron.
That was my Q earlier, how can setting up diff companies purely to bypass the existing EBA be freakin legal??
Especially when the workers do the same job, in the same place, literally side by side with those on the EBA .
If they worked in a diff country, flying diff planes on diff route network, like a totally separate airline then obviously it would be appropriate to have 2 separate contracts etc, like Virgin America and Virgin Australia. Totally diff in every way, apart from the "Virgin" in the title.
That was my Q earlier, how can setting up diff companies purely to bypass the existing EBA be freakin legal??
Especially when the workers do the same job, in the same place, literally side by side with those on the EBA .
If they worked in a diff country, flying diff planes on diff route network, like a totally separate airline then obviously it would be appropriate to have 2 separate contracts etc, like Virgin America and Virgin Australia. Totally diff in every way, apart from the "Virgin" in the title.
Well done AFAP and JPCC. Remember boys and girls that it is all about timing and leverage. Issues are reaching critical mass:
Fatigue issues - Casa audit of JQ in May
Federal Court Direction on these crap contacts on 10 June
Senate Enquiry to report 15 June - possible Bill proposed to shore up safety
QF Engineers, LH pilots in dispute
JQ pilots sending emails with real safety and morale concerns to management
This is a watershed period. The industry insurers, investors and travellers should be worried...this corporate pilage of the very structures that keep Aussie flyers safe needs to be stopped. Australian Aviation is no place for financial foxes who persist in experimenting within the chookshed.
Fatigue issues - Casa audit of JQ in May
Federal Court Direction on these crap contacts on 10 June
Senate Enquiry to report 15 June - possible Bill proposed to shore up safety
QF Engineers, LH pilots in dispute
JQ pilots sending emails with real safety and morale concerns to management
This is a watershed period. The industry insurers, investors and travellers should be worried...this corporate pilage of the very structures that keep Aussie flyers safe needs to be stopped. Australian Aviation is no place for financial foxes who persist in experimenting within the chookshed.
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Good questions beer and aussie. Imagine if beer set up a business and employed people on an EA. Alright everythings cool. Then aussie who is a business partner of beer sets up a company that does the same stuff but says he will only employ brand new people (not existing workers from beer's business) on different workplace arrangements (ie Individual contracts). If beer and aussie have different business names, then to my knowledge there is nothing stopping this from happening.
However if beer decides to use aussie's workers in a labour hire arrangement then it is up to the workers and the union of beer's workers to demand in negotiation that labour hire be paid the same as employees.
Unless there are changes to Corporations law that does not allow the setting up of these type of company arrangements then IR law is somewhat helpless.
What IR currently prohibits is that existing workers at beer's company be moved to aussie's company and paid aussie's individual contracts (if they are inferior). Beer's workers are entitled to take their terms and conditions with them.
However if beer decides to use aussie's workers in a labour hire arrangement then it is up to the workers and the union of beer's workers to demand in negotiation that labour hire be paid the same as employees.
Unless there are changes to Corporations law that does not allow the setting up of these type of company arrangements then IR law is somewhat helpless.
What IR currently prohibits is that existing workers at beer's company be moved to aussie's company and paid aussie's individual contracts (if they are inferior). Beer's workers are entitled to take their terms and conditions with them.