NAC pilots threatened with sack...PART 2
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NAC pilots threatened with sack...PART 2
For those waiting on an update.
(Background: Refer “ALL NAC pilots threatened with sack! http://www.pprune.org/forums/showthread.php?threadid=138104
Wanted SCABs to replace NAC pilots standing up for their rights,
Northern Territory News, Saturday, August 14, 2004. Page 66 – Classifieds.
I’m informed that very few of the existing pilots have signed on as contractors, but the newies of course had no choice if they wanted to work.
NAC/BPS released a revised contract conceding a 2 hour minimum, and adding a paragraph recommending pilots take out there own public liability insurance. But as far as I can see that’s the only changes. Upshot the guys that do two trips to BTI for Tiwi Travel and Freight (Flight Numbers 007/ 008, & 009/ 010 departing Darwin at 0800 and returning from the second trip at 1730 – Refer the published schedule on their website) would now be paid 2 hours instead of 1.2 hours under the original contract. But of course, while not “required,” pilots are still expected to work free, on the ground, in the between times.
AFAP have arrived in town and met with pilots last night. They will be meeting with the company over the week.
NAC/BPS have also been requested by some government and other companies to provide evidence that their pilots conditions are award compliant. BPS informed one of these companies that pilots NAC would be back paying it’s pilots to the 24 March for any shortfalls to the award… (bwahaha, I’d like to see where HA is going to produce the estimated $250-300K needed to pay out correctly, when he’s so far behind on his aircraft, fuel and other bills. But of coarse, for his pilots, I hope he does).
Hang in there guys, ‘cos while the contract rate looks good on the front page, the deal falls way short on fair benefits and conditions… short on conditions equivalent to more than $13 per flight hour single driver, and $22 per hour for a twin pilot.
Fight for your rights, you’ll certainly have earned them and the back pay.
(And HA, don't bother reporting me for the post, I'm emailing Woomera our verification)
(Background: Refer “ALL NAC pilots threatened with sack! http://www.pprune.org/forums/showthread.php?threadid=138104
Wanted SCABs to replace NAC pilots standing up for their rights,
Northern Territory News, Saturday, August 14, 2004. Page 66 – Classifieds.
Best Practice Skills
Pilots Wanted For Contract Work
Requirements:
Cessna 210/206 Pilots, minimum 500 hours TT, 50 on type
Cessna 310/Baron 58 Pilots, minimum 1000 hours TT, 200 twin, endorsed on type.
Cessna 402/Chieftain Pilots, minimum 1500 hours TT, 300 twin, endorsed on type.
Please contact 89** **** or fax resume to 89** ****
Email: bestpractice@…
Pilots Wanted For Contract Work
Requirements:
Cessna 210/206 Pilots, minimum 500 hours TT, 50 on type
Cessna 310/Baron 58 Pilots, minimum 1000 hours TT, 200 twin, endorsed on type.
Cessna 402/Chieftain Pilots, minimum 1500 hours TT, 300 twin, endorsed on type.
Please contact 89** **** or fax resume to 89** ****
Email: bestpractice@…
NAC/BPS released a revised contract conceding a 2 hour minimum, and adding a paragraph recommending pilots take out there own public liability insurance. But as far as I can see that’s the only changes. Upshot the guys that do two trips to BTI for Tiwi Travel and Freight (Flight Numbers 007/ 008, & 009/ 010 departing Darwin at 0800 and returning from the second trip at 1730 – Refer the published schedule on their website) would now be paid 2 hours instead of 1.2 hours under the original contract. But of course, while not “required,” pilots are still expected to work free, on the ground, in the between times.
AFAP have arrived in town and met with pilots last night. They will be meeting with the company over the week.
NAC/BPS have also been requested by some government and other companies to provide evidence that their pilots conditions are award compliant. BPS informed one of these companies that pilots NAC would be back paying it’s pilots to the 24 March for any shortfalls to the award… (bwahaha, I’d like to see where HA is going to produce the estimated $250-300K needed to pay out correctly, when he’s so far behind on his aircraft, fuel and other bills. But of coarse, for his pilots, I hope he does).
Hang in there guys, ‘cos while the contract rate looks good on the front page, the deal falls way short on fair benefits and conditions… short on conditions equivalent to more than $13 per flight hour single driver, and $22 per hour for a twin pilot.
Fight for your rights, you’ll certainly have earned them and the back pay.
(And HA, don't bother reporting me for the post, I'm emailing Woomera our verification)
Last edited by jon.pierre; 19th Aug 2004 at 03:47.
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This seems to be a common practice with owners of smaller G.A companies in Australia. I spent many years in G.A companies and have seen and heard alot of things that simply wouldn't be tollerated in other professions. This is just another case of a greedy owner trying to screw the people who work hard to provide him with his income so he can drive expensive cars and live the high life. As usual he believes that if you shake a tree a dozen pilots will fall out and be willing to work for next to nothing. You guys and girls at NAC must stand strong and fight for your rights and set the bar at a level that will send a message to other operators that you are professionals and you must be treated as such.
This will be a hard fight but stay with it guys.
This will be a hard fight but stay with it guys.
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From an industrial relations and legal perspective, can anyone comment on the potential for pilots at this company to take their case to a proper court or hearing. I assume that all the pilots employed there are casuals and were employed under a some loose verbal employment condition. I seriously doubt that the company would employ many full time staff (with associated entitlements) under a formal award type agreement as that costs more and makes it harder to sack people etc etc. Sacking staff at will and verbal under the table deals seem to be the preferred method of business at NAC ( Based on reading the report on the sacked pilot/ arbitartion case posted recently).
The question is:
As a casual, if you don't accept the new below award deal, you get fired (or not re-employed), do you really have any comeback on that or is it just easier to walk off and look for another job, which is what the boss wants you to do?
Can anyone comment?
as a sideline, this whole deal and the way it was designed and enforced sounds like a perfect example of utterly dismal human resource management and I can't imagine what sort of dollars NAC are paying Best Skills Practice to implement it but they are doing a lousy job I would suggest.
The question is:
As a casual, if you don't accept the new below award deal, you get fired (or not re-employed), do you really have any comeback on that or is it just easier to walk off and look for another job, which is what the boss wants you to do?
Can anyone comment?
as a sideline, this whole deal and the way it was designed and enforced sounds like a perfect example of utterly dismal human resource management and I can't imagine what sort of dollars NAC are paying Best Skills Practice to implement it but they are doing a lousy job I would suggest.
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BPS to be paid 10% above pilot - sorry contractor - fees.
This will save HA in the order $7 per flight our for a single, and $16 per flight hour for a twin driver PLUS the money he saves by not paying the minimum 4 hours pay for duty periods in excess of 4 hours duration, which is probably the more significant bit.
If HA doesn't want the bill of high priced "casual" labour, he should put more staff on salary. However if HA did that, he'd also have to start acting like a responsible employer; or expect to see many more unfair dismissal, harassment, and compo cases, etc.
It's all about trying to wield his power and control really. But like the dictators of the past (and present), the selfishness, pride, and arrogance to ignore the human rights of those falling under his authority and responsibility will eventually catch up with HA.
This will save HA in the order $7 per flight our for a single, and $16 per flight hour for a twin driver PLUS the money he saves by not paying the minimum 4 hours pay for duty periods in excess of 4 hours duration, which is probably the more significant bit.
If HA doesn't want the bill of high priced "casual" labour, he should put more staff on salary. However if HA did that, he'd also have to start acting like a responsible employer; or expect to see many more unfair dismissal, harassment, and compo cases, etc.
It's all about trying to wield his power and control really. But like the dictators of the past (and present), the selfishness, pride, and arrogance to ignore the human rights of those falling under his authority and responsibility will eventually catch up with HA.
There are a number of people that have taken a particular company to task in W.A.
This company thought that they were above the law.
Justice prevailed and people got what they deserved.
Stick with it guy's & girls
This company thought that they were above the law.
Justice prevailed and people got what they deserved.
Stick with it guy's & girls
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Sounds interesting Bill, any more details available? Heard a rumour that there had been a mass walk out at one place at Jandakot a few months back, but it was all kept pretty quiet. PM me if you like.
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spam, glorious spam
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I think Jon Pierre has it summed up. Employing full time staff gives them certain rights, such as sick leave, holiday pay and most importantly, a stronger defence against unlawful dismissal. NAC has been indentified as a company that will dismiss it's staff at the drop of a hat and for vague reasons ( refer to the recent laughable arbitration thread posted in DG). Although it is generally better all round for any compnay and its employees to have full time apppointments, this makes it much more difficult for a company to sack staff at will.
It is proven however that contractor have comparatively little loyalty or personal connection to their workplace and this shows up in their work efforts.
I see it here at my work. I am a full timer and I love my workplace and job as it's secure and safe. We also employ people on contracts, they could not care less about the place. Mostly, they make no effort to save money or go the extra mile. That has the potential to cost an employer an absolute packet if you are operating aircraft.
It's not the best way to run a service type business trust me. Disenchanted and unsmiling contract labour at the pointy end of your customer relations.... NO thanks.
Good luck with your jobs guys and girls, whatever the future brings.
Gin
It is proven however that contractor have comparatively little loyalty or personal connection to their workplace and this shows up in their work efforts.
I see it here at my work. I am a full timer and I love my workplace and job as it's secure and safe. We also employ people on contracts, they could not care less about the place. Mostly, they make no effort to save money or go the extra mile. That has the potential to cost an employer an absolute packet if you are operating aircraft.
It's not the best way to run a service type business trust me. Disenchanted and unsmiling contract labour at the pointy end of your customer relations.... NO thanks.
Good luck with your jobs guys and girls, whatever the future brings.
Gin
The Complications
I like most watch this current shafting closely, cos you can bet your bottom dollar Air N****r and others in Darwin will follow suit with their own "Contract labour" schemes should NAC pull this off......
Lets face facts, the GA Award for a full time single driver isn't too flash by comparison to say a garbo so its not too much to ask.
If i was at the table of negotiations i'd be pulling for a weekly bonus for having to deal with Ste**n. Call it "D*ckH**d employer allowance"!!!
On the upside, most pilots with the TT that Best Practise are after should know better, lets hope they do!
-Its NUTZ
Lets face facts, the GA Award for a full time single driver isn't too flash by comparison to say a garbo so its not too much to ask.
If i was at the table of negotiations i'd be pulling for a weekly bonus for having to deal with Ste**n. Call it "D*ckH**d employer allowance"!!!
On the upside, most pilots with the TT that Best Practise are after should know better, lets hope they do!
-Its NUTZ
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The deeper you dig, the worse it gets
The other worry is this claim that new NAC contractors are required to fund their own public liability insurance. If that is true, it opens a massive can of worms for new pilots. As a low time pilot, flying knackered out single engine charters into dirt strips with five or six pax on the loads you are going to be paying a fortune to be covered for the minimum twenty or thirty million you will need to make it viable. As well as being a pilot, you are runing your own tax reporting and insurance coverage.
All this for the same rate of pay the girl on the drive through window at Chicken Treat is pulling in.
Then, lets factor in no job security at all. Extra work in the hangar for free, answering phones and doing qoutes for free, no meaningful attachment to the company you work for (and don't underestimate that til you have felt it) and the knowledge that the guy in the hangar up the street is doing it a lot easier as a casual on the award.
HA, what happens if a contractor stacks it due to a freak gust of wind on landing and kills two people in your aircraft and hasn't had his insurance paid up ? Who wears that one?
Gin.
All this for the same rate of pay the girl on the drive through window at Chicken Treat is pulling in.
Then, lets factor in no job security at all. Extra work in the hangar for free, answering phones and doing qoutes for free, no meaningful attachment to the company you work for (and don't underestimate that til you have felt it) and the knowledge that the guy in the hangar up the street is doing it a lot easier as a casual on the award.
HA, what happens if a contractor stacks it due to a freak gust of wind on landing and kills two people in your aircraft and hasn't had his insurance paid up ? Who wears that one?
Gin.
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jon.pierre said
How very disappointing that even one may have signed.
Bullsh1t.
I’m informed that very few of the existing pilots have signed on as contractors,
but the newies of course had no choice if they wanted to work.
I suggest the ATO won't see them as 'contractors' no matter what the supposed contract says. An implication of being a contractor is supply of labour etc to more than one party.
If the work situation looks like a duck, quacks like a duck & ****s like duck then the ATO will see it as an employed duck.
Tins. You are correct - the pilots are not contractors if they are employed by only one operator. And I doubt they are "casual". Read the article "Are your casuals really casual" and "Termination of casual employees" at the Office of the Employment Advocate site.
And the "contract" I've seen seems to be a total waste of good paper! I can't see how anyone could take it seriously.
Woomera
If the work situation looks like a duck, quacks like a duck & ****s like duck then the ATO will see it as an employed duck.
Tins. You are correct - the pilots are not contractors if they are employed by only one operator. And I doubt they are "casual". Read the article "Are your casuals really casual" and "Termination of casual employees" at the Office of the Employment Advocate site.
And the "contract" I've seen seems to be a total waste of good paper! I can't see how anyone could take it seriously.
Woomera
Last edited by Woomera; 22nd Aug 2004 at 00:54.
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Hmmm....
What I want to know is were do I sign up to become the new contact Chief Pilot or maybe contract Check and Training.
Again what a joke.
I'd like to know what CASA thinks of this? surely, there will be a few safety issues with that one.
Besides, I wouldn't call it "Northern Air Charter" anymore "Northern Air Contracting" sounds much better.
Luv Loc.
xxx
What I want to know is were do I sign up to become the new contact Chief Pilot or maybe contract Check and Training.
Again what a joke.
I'd like to know what CASA thinks of this? surely, there will be a few safety issues with that one.
Besides, I wouldn't call it "Northern Air Charter" anymore "Northern Air Contracting" sounds much better.
Luv Loc.
xxx
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Conditions of contract at N…………………
Contracts may be offered on an hourly, monthly or annual basis.
1. Pilots on an hourly contract:
Single engine aircraft (non IFR) - $54.10 per hour
Twin engine aircraft (non IFR) - $61.99 per hour
Whilst flying IFR an additional amount of $10.00 per hour will be paid.
When a pilot is required to wait at a location away from home base for in excess of 2 hours, the pilot shall be paid for suck waiting time at the rate of $20.00 per hour to a maximum of 5 hours per day:
Each engagement shall be on a daily basis unless involves an overnight stay, in which case it shall be for the total duration of the trip.
Hours on an engagement shall be calculated on the basis of actual flying hours.
2. Pilots on a weekly contract:
Single engine aircraft (non IFR) - $730.77 per week
Twin engine aircraft (non IFR) - $826.92 per week
While flying IFR an additional amount of $10.00 per hour will be paid.
3. Pilots on a monthly contract:
Single engine aircraft (non IFR) - $3166.67 per month
Twin engine aircraft (non IFR) - $3583.33 per month
While flying IFR an additional amount of $10.00 per hour will be paid.
4. Pilots on an annual contract:
Agreement with N__, some pilots may be offered a 12 month contract on the following basis:
Single engine aircraft (non IFR) - $38,000.00 per annum
Twin engine aircraft (non IFR) - $43,000.00 per annum
While flying IFR an additional amount of $10.00 per hour will be paid.
Annual contracts shall be subject to the following conditions:
Each pilot shall have, and be required to maintain, IFR rating.
Pilots shall, subject to legislative restrictions or CASA regulations, be required to perform all duties that are within their competence to perform.
Where a pilot terminates the contract on their own initiative the pilots shall be paid for the period up to their termination. In this circumstance the contractor will give 14 days notice of such termination or pay 2 weeks pay in lieu of such notice.
Where a pilot fails to perform their contracted duties in a competent manner, N……………. may terminate the contract. In these circumstances N__ will only be required to pay up to the time of the termination of contract. Without limiting the scope of this provision, reasons for termination of contract summarily include:
Gross Misconduct in the performance of duties
Failure to abide by the operations manual
Breaching CASA regulations or directions
Where N__ terminates the contract for any reason, N__ shall be required to pay out the balance of the contract period.
Conditions of contract applying to all contractors:
Except where differently described for contractors on an annual contract, the following conditions will apply to all contractors:
Pilots shall, subject to legislative restrictions or CASA regulations, be required to perform all duties that are within their competence to perform.
Where a pilot terminates the contract on their own initiate the pilots shall be paid only for the period up to their termination. In this circumstance the contractor will give 14 days notice of such termination or pay 2 weeks payment in lieu of such notice.
Where a pilot fails to perform their contracted duties in a competent manner, N………………….. may terminate the contract. In these circumstances N__ will only be required to pay up to the time of the termination of contract. Without limiting the scope of this provision, reasons for termination of contract summarily include:
Gross Misconduct in the performance of duties
Failure to abide by the operations manual
Breaching CASA regulations or directions
Where N__ terminates the contract for any reason, N__ shall be required to pay out the balance of the contract period.
Pilots will be required to wear company uniform shirts, epaulettes, name badges and “wings” which shall be supplied to the contractor at no cost to the contractor. These items shall at all times remain the property of N__ and shall be returned to N__ in good condition (subject to normal wear and tear) when the contractor ceases to provide services to N__. The contractor shall be responsible to maintain suck items supplied in good condition (subject to normal wear and tear). If any items, the property of N__, are lost or damaged they shall be replaced by the contractor at the contractor’s expense. Such replacement items shall be and remain the property of N__.
Contractors will be supplied and wear the following:
Black microfibre pants (long)
Black “shiny” shoes or boots
Black belt
The contractor will be required to wear such uniform (both that supplied by N__ and required to be supplied by the contractor) at all times.
Where a contractor is required to stay overnight at a location other than the home base during any period oif engagement, the contractor shall be provided with reasonable meals and accommodation at no cost to the contractor, or alternatively be reimbursed the actual cost of reasonable meals and accommodation (on production of receipts) to a maximum of $150.00 per night.
N__ will offer endorsement rating and upgrade on the following basis:
Baron/310/partenavia endorsement: $1,500.00
Cabin class: $2,500.00
Single engine: $1,000.00
Instrument rating renewal: $1,000.00
Contractors may chose to either pay the above charges or have them as a debt to N__. Provided that if the contractor continues to provide services to N__ for a period of 12 months, the above charges will be reimbursed to the contractor or, if the contractor has opted to have the charge remain a debt to N__, such debt will then be waived.
Other general conditions of contract are as stipulated in the “Hiring agreement” form attached and in the contractor’s “agreement to contract” form which is attached for your information.
Accepted by contractor:- Name:
Signed:
What a ludicrous and childish document!!!
Should the “contract” ever be tested at law, the copy I have contains certain hand written comments which would be very prejudicial to the company.
Contracts may be offered on an hourly, monthly or annual basis.
1. Pilots on an hourly contract:
Single engine aircraft (non IFR) - $54.10 per hour
Twin engine aircraft (non IFR) - $61.99 per hour
Whilst flying IFR an additional amount of $10.00 per hour will be paid.
When a pilot is required to wait at a location away from home base for in excess of 2 hours, the pilot shall be paid for suck waiting time at the rate of $20.00 per hour to a maximum of 5 hours per day:
Each engagement shall be on a daily basis unless involves an overnight stay, in which case it shall be for the total duration of the trip.
Hours on an engagement shall be calculated on the basis of actual flying hours.
2. Pilots on a weekly contract:
Single engine aircraft (non IFR) - $730.77 per week
Twin engine aircraft (non IFR) - $826.92 per week
While flying IFR an additional amount of $10.00 per hour will be paid.
3. Pilots on a monthly contract:
Single engine aircraft (non IFR) - $3166.67 per month
Twin engine aircraft (non IFR) - $3583.33 per month
While flying IFR an additional amount of $10.00 per hour will be paid.
4. Pilots on an annual contract:
Agreement with N__, some pilots may be offered a 12 month contract on the following basis:
Single engine aircraft (non IFR) - $38,000.00 per annum
Twin engine aircraft (non IFR) - $43,000.00 per annum
While flying IFR an additional amount of $10.00 per hour will be paid.
Annual contracts shall be subject to the following conditions:
Each pilot shall have, and be required to maintain, IFR rating.
Pilots shall, subject to legislative restrictions or CASA regulations, be required to perform all duties that are within their competence to perform.
Where a pilot terminates the contract on their own initiative the pilots shall be paid for the period up to their termination. In this circumstance the contractor will give 14 days notice of such termination or pay 2 weeks pay in lieu of such notice.
Where a pilot fails to perform their contracted duties in a competent manner, N……………. may terminate the contract. In these circumstances N__ will only be required to pay up to the time of the termination of contract. Without limiting the scope of this provision, reasons for termination of contract summarily include:
Gross Misconduct in the performance of duties
Failure to abide by the operations manual
Breaching CASA regulations or directions
Where N__ terminates the contract for any reason, N__ shall be required to pay out the balance of the contract period.
Conditions of contract applying to all contractors:
Except where differently described for contractors on an annual contract, the following conditions will apply to all contractors:
Pilots shall, subject to legislative restrictions or CASA regulations, be required to perform all duties that are within their competence to perform.
Where a pilot terminates the contract on their own initiate the pilots shall be paid only for the period up to their termination. In this circumstance the contractor will give 14 days notice of such termination or pay 2 weeks payment in lieu of such notice.
Where a pilot fails to perform their contracted duties in a competent manner, N………………….. may terminate the contract. In these circumstances N__ will only be required to pay up to the time of the termination of contract. Without limiting the scope of this provision, reasons for termination of contract summarily include:
Gross Misconduct in the performance of duties
Failure to abide by the operations manual
Breaching CASA regulations or directions
Where N__ terminates the contract for any reason, N__ shall be required to pay out the balance of the contract period.
Pilots will be required to wear company uniform shirts, epaulettes, name badges and “wings” which shall be supplied to the contractor at no cost to the contractor. These items shall at all times remain the property of N__ and shall be returned to N__ in good condition (subject to normal wear and tear) when the contractor ceases to provide services to N__. The contractor shall be responsible to maintain suck items supplied in good condition (subject to normal wear and tear). If any items, the property of N__, are lost or damaged they shall be replaced by the contractor at the contractor’s expense. Such replacement items shall be and remain the property of N__.
Contractors will be supplied and wear the following:
Black microfibre pants (long)
Black “shiny” shoes or boots
Black belt
The contractor will be required to wear such uniform (both that supplied by N__ and required to be supplied by the contractor) at all times.
Where a contractor is required to stay overnight at a location other than the home base during any period oif engagement, the contractor shall be provided with reasonable meals and accommodation at no cost to the contractor, or alternatively be reimbursed the actual cost of reasonable meals and accommodation (on production of receipts) to a maximum of $150.00 per night.
N__ will offer endorsement rating and upgrade on the following basis:
Baron/310/partenavia endorsement: $1,500.00
Cabin class: $2,500.00
Single engine: $1,000.00
Instrument rating renewal: $1,000.00
Contractors may chose to either pay the above charges or have them as a debt to N__. Provided that if the contractor continues to provide services to N__ for a period of 12 months, the above charges will be reimbursed to the contractor or, if the contractor has opted to have the charge remain a debt to N__, such debt will then be waived.
Other general conditions of contract are as stipulated in the “Hiring agreement” form attached and in the contractor’s “agreement to contract” form which is attached for your information.
Accepted by contractor:- Name:
Signed:
What a ludicrous and childish document!!!
Should the “contract” ever be tested at law, the copy I have contains certain hand written comments which would be very prejudicial to the company.
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Looks like a very amateur contract from the Best Skills staff. Written in a basic manner and with lots of vague areas. I take it that no pilots are required to hang about all day answering phones, doing qoutes or cleaning the office then. It's not in the contract is it? As a pilot you can turn up, flight plan, fuel and depart and when you return have the rest of the day off. Never once touching a broom or bottle of spray and wipe. That's a bonus but who is now doing all the random garbage that needs to be done. What about driving in and out of the CBD collecting passengers and so on? That all takes up hours of your day too.
But my question regards insurance. How does that work? Who is liable for accident cover? Is the contractor liable? Are pilots paying their own accident cover and how does that work if a company aircraft fails (not pilot error) and causes the accident? I would get those details covered in writing in individual contracts to be safe.
Don't forget that as a contractor you are paying tax on those wages which entails keeping a tax record and associated paperwork, as well as your own superannuation and incidentals.
As for the contract, it looks like a year five student drafted it up to keep track of his boy scout fund raising dollars. Pretty amateur indeed.
But my question regards insurance. How does that work? Who is liable for accident cover? Is the contractor liable? Are pilots paying their own accident cover and how does that work if a company aircraft fails (not pilot error) and causes the accident? I would get those details covered in writing in individual contracts to be safe.
Don't forget that as a contractor you are paying tax on those wages which entails keeping a tax record and associated paperwork, as well as your own superannuation and incidentals.
As for the contract, it looks like a year five student drafted it up to keep track of his boy scout fund raising dollars. Pretty amateur indeed.