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Old 10th Aug 2005, 04:37
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Starting at the top.
Opsnormal
*There is a sizable group who have chosen their career path to be in GA and it still up those individuals to make the decision to join they cannot be forced. I respect the right not to be a member and trust that the same individual who rings after the event understands why I cannot justify spending members money in their defence. The action in the NT for ‘common rule’ was not a government hand out or from generous employers it was Federation members ensuring the level playing field for our members and as a direct consequence non-members as well. We have published all the ads in the Friday AUS to bring to the attention of the companies and made sure that DEWR follow up as well.

*You may not see a staff member at the coalface on every occasion. Please know that the Federation is made up of professional pilots and as such we often rely upon a locally based pilot in the first instance to find out the basic info. You are right in terms of the costs we as a body spend more than we get in income that has been the same since before I joined the Federation as we want provide that support and as usual we get our far share of ‘knockers’. The theory is good that the more you have the more you apply pressure we certainly spend a lot of effort not just industrially but also in the regulatory field and assisting in incident/accident cases.

*Most of the press in recent years have quoted that under EBA’s you get higher increases in most of our cases we are looking for legal minimums to be applied. A fair call that pilot groups are very much divided in recent years and that acknowledged we work with what we have rather than allow it to distract as best we can. It is always disappointing that whilst we fight amongst ourselves we leave the boss alone. The ambit log is a quirk of the legal system not something that we spend a deal of time on, it will suit some to spend time distracting your attention from the task ahead. As expressed earlier increases in the safety net and the common rule is based upon our work not through handout. My comment on assistance is that we will help you prepare claims to pursue through the legal courses available but if you were not a member at the time we will not appear or advocate on your behalf.

Drshmoo
We still pursue roping in from time to time but you are correct the Federal Govt is aiming to remove those avenues.

Erin
The NAC group was a classic example of pilots sticking together. We spent time talking to the group ensuring they knew where we were going and ultimately removed the individual contractor position being pursued by the company. We didn’t get a huge increase but the pilots certainly proved that by standing together they would not bow to the pressure.

Psycho
You and I will continue to disagree no matter what I say it appears. However, if yours was such a simple claim I am surprised that if you were dissatisfied with the Federation that you did not pursue the other avenues. With your expert knowledge I am sure that you aware of the six year limitation on claims and if still within time there is nothing stopping you undertaking the back claim. I will even go so far as to say that I will revisit the claim given the opportunity but based on your message I wont hold my breath but recommend that you follow up with DEWR as they are legally obligated to follow up. Choice is yours and finally I am not doing this for a popularity contest despite your opinion.

YBRM
Again your opinion and for the record I disagree.

ALKY
Interesting can I suggest that you back further in history to when the merger with Oxley took place where we fought to protect the entitlements of the merged group and as I recall little support from within the impulse side of the camp. Ultimately many Oxley left or were pushed. In what was the new impulse we had little support on the ground from within the pilot ranks as they didn’t want to rock the boat. When the original structure of ‘shareholders’ was put up the Federation was told by the membership that we don’t like it but use our name to try to bring it undone. Despite your comments we ran many court cases over several years to bring about the demise of the shonky deal. I trust you still remember the four $2 shelf companies used sitefate, lunchbox, dustlink and I cant think of the other just at the moment but it is in the transcripts in the office. I served the log of claims on the shelf companies to get in the courts again with little on the ground support. We asked many times for the shareholder arrangement details so that we could involve the Australian Securities and Investments Commission (ASIC) and the tax office (state and federal).
We ultimately convinced someone as you then formed Air Crews Control (ACC) and I remember the evidence in an unfair dismissal case where the shareholders (pilots) had meetings and sacked their fellow pilots if the Company (impulse) would not use them.
The end of that saga was our efforts to normalise the employment relationship and create a seniority list which occurred at the same time that Geoff and Gerry had their cup of coffee and Impulse was sold.
On another point I distinctly remember one pilot who rang us up and said he would help and wanted the structure changed but he went quiet when he became a director in ACC. The funny thing is he is now a member of the Jetstar Pilot Committee. So it wasn’t a case of rocking the boat we advised on several occasions how to fix it but the pilot group kept its head low.

Capt Snooze
The common rule application is not available in the other states at this point we are watching with interest the Fed Govt changes as this may force some changes in that area. Like I have said earlier we have kept moving the safety nets and common rule awards each time a National decision is handed down they only happen because we do the work they are not a handout. The downside is that you do rely upon those standards at a National level to provide movement rather than a easier variation to current Award.

I thank those that have taken the effort to ask questions on PM i will respond but there maybe occasions when when other matters have to take priority.
Lawrie Cox
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Old 10th Aug 2005, 07:52
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My point Laurie, and thankyou for replying, is that the AFAP never tightened the noose enough on McGowan and IMPULSE in the early stages to put a stop to the momentum that was gathering. McGowan did everything in his power, with extremely questionable legality, to avoid his obligations to his employees, creditors and the ATO.

The merger between OXLEY and IMPULSE was a no brainer. Simple transmission of business legislation covered that as well as all the efforts over the years by McGowan in changing company names again and again to attempt to cover his tracks.
Impulse remained a respondent to the award and reluctantly admitted that fact in the commission after much persuasion, but it was all too late for the retrenched by then in terms of re employment, because the pilot contracting companies had been formed and Impulse no longer employed any pilots other than the CP and C & Ts to maintain the AOC in its’ name.

We still had a shot at recouping tens of thousands of dollars in entitlements owed, but they went unpaid because the AFAP were too wrapped up in sorting out this ‘shonky’ shareholding arrangement, all to no avail. I personally could have done with that money.

I could have gone to DEWR, but at the time I wasn’t aware that it was a necessary alternative. I blindly accepted the federations course as the best option with NO advice otherwise.

A few more resources thrown at Impulse may very well have turned the tide here. But the AFAP was too weak to have any influence on this case and I doubt much has changed since then. If the feds can’t stop something as detrimental to conditions of pilot employment as this happening, then what purpose do they serve their members.

Yes you got your seniority list, however, I suspect that had more to do with the exit of McGowan and the arrival of Qantas as owner, than any influence the Feds had on the situation.
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Old 10th Aug 2005, 08:46
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Thanks for your reply Lawrie.

If I understand you correctly, the ‘common rule’ process doesn’t legally exist in the other states because of state legislation or some such.
Are you also saying that it is easier to amend or update in the ‘award plus respondent’ process, than in a ‘common rule’ application?

Another question. If a company is not a respondent (in an applicable jurisdiction), how is the ‘roping in’ process initiated and conducted? How long does the process take? Is it retrospective in any way? i.e. to the date of application?

Inquiring minds etc.


Snooze
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Old 10th Aug 2005, 12:49
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Alky
You are right we didnt tighten the noose enough as i said it was my recollection that those in the impulse side were not supportive of the actions. I also remind you at that time we were still going through the S118A case with the domestics as a result of '89 that we still were not sure if the organisation would survive. I do not recall the lost money issue to the level you talk of as we did prove the transmission to impulse and the other point that you may have missed is that impulse wa not a direct respondent we used oxley to get that connection and we were challenged by the lawyers representing the shareholder as well as the company as an exercise. the action on the seniority list was a pain staking exercise through the AIRC and you can quote me as i had to do it as well keep up with everthing else that was going on around us at the time.
I readily admit we were not perfect but we were not going to give into those trying to destroy us at the time. I cannot change what happened but i do not accept that circumstances are now the same where pilots are united.

Capt snooze
The common rule does not apply in the other states. The Award responden claims are a process where we serve a log of claims generally considered by most to be excessive. We are required to do this to seek the maximum under the act and accept part settlement which is the Award. To do this we needto ensure the name ofthe Company, its registered street address and type of operation (GA fixed wing, Heli, Aerial Ag, or regional). We then go to a hearing have a dispute found between the parties and seek a roping in award that takes effect fromthe date of decision. This makes the employer then legally liabletothe safety net Award for recovery and enforcement purpose.

Lawrie Cox
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Old 15th Aug 2005, 03:29
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The problems with aviation start as you make the decision to learn to become a Pilot.
You start the process by ringing around to find the cheapest and most affordable package you can, and thus the cancer starts, when the competition for you buck begins.
And in an industry where there are little standards for wage and conditions the Instructors have been are one of the hardest hit to enable flying schools to be competitive and still make money.
The changes in Victoria will hopefully changes this and conditions for Instructors will improve so they, who are the mentors (so to speak) for the new batch of pilots, can preach the benefits of the AWARD and sticking together as a pilot group.
But can Victoria now compete with its neighbouring states? Will Victorian wannabe pilots pack their bags and head interstate to save a few dollars an hour? Is it fair that Victorian flying schools have an unfair disadvantage over their rival states?

I for one and I suspect 99% of Pilots in Australia have at one stage earned less than the Award and in effect have created the present poor conditions, and a few people on here have given reasons for why. Do we now sit back and let the conditions remain as they are? And just demand that all new pilots should request nothing but the AWARD. A bit hypocritical in my book. Ask yourself wether the position you hold now changes your view on how passionate you are for the AWARD? It’s easy to sit back and say you wouldn’t work for less now that you earn more, after getting to where you are by taking the very jobs that don’t pay the AWARD. Ok we all do it but why not use our resources now to help the industry at the bottom. Making new pilots aware of how the industry works and it’s to their benefit and all the future pilots benefit that we don’t prostitute our selves. That we don’t WORK FOR LESS than we are entitled too.

The fundamental reason is that when you start your flying career you don’t know any different. You are told to take what ever you can to start the logbook ticking over and one day you will reach the heights of an Airline Pilot on the big bucks.

The airline pilots for Qantas, Virgin, the regional’s and all who have gone on to bigger and better things etc… seem to turn there back on there terrible past life in GA and tell stories of “ I did it tough” or “ gee he was a prick to work for”, and pass it off as Character building?? Sound familiar? .
They seem more worried about their conditions at the top rather than the health of the industry at the bottom, not realising that if they helped fixed the roots that the top will naturally bare the fruits that they and all of us are after.

I have always wondered why Airlines don’t ask questions like “have you ever worked for free? Would you take this job for 5k less than anyone else? Did you pay for your ICUS?
I'd say if they did ask those sought of questions and these sought of things were looked unfavourably against than less pilots would see prostitution as an option.
I have been recipient of the AFAP in an EBA negotiation and I thought they provided great support in our company’s effort to increase our standards but it was definitely support rather than muscle. In my experience they will fight as hard as you want them.
Our industry more than any needs a strong united work force that sets safety and work related standards. There always seems to be a healthy criticism towards Unions, why I don’t know? they are a democratically lead group of people who represents what ever the Members want. I can’t see why anyone would have a problem with that. Unless you believe employers are responsible enough to set these standard. And from judging our industry over the years most employers have had their chance and failed miserably.
With the new IR laws soon to be past there is no better or more important time to stand on a united front and any united front is only as good as it’s members
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Old 26th Aug 2005, 22:14
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I would like to refute the assertion that the AFAP don't give a damn about GA pilots. I remember a case in the early 90's when a NON AFAP pilot was sacked by the now defunct Darwin Aero Club and the local commitee went in to bat for him. There were several other instances I can clearly recall when NON AFAP pilots rang the Feds and asked for help and help was provided.
I'm a member for several reasons, THIS BEING JUST ONE.
I believe we should all be in our Federation, but I respect the right of people to go their own way.
Take a good hard look at the AFAP and what they offer to professional aviation in Australia.
I do get a bit tired of the old "What have the Feds ever done for us" it really does display ignorance of what the AFAP IS.
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Old 27th Aug 2005, 14:24
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Baron your point makes me think about a previous job in the hospitality industry where most of the staff werent in the union claiming the union did nothing for them.

It was amazing how many of these same people would then get walked all over by the management and then go running to the union for help. They always seemed surprised that having just joined and having paid no fees that the union were happy to give advice but would not foot the legal bills involved.

Everyone there is no point in bithcing that the AFAP has done nothing for you if you arent a member. If the AFAP has no supprt from you then they can not be expected to have the strength to give you support when you need it.

Only with members and therefore strength in numbers can any union be effective, they are not just there to get you out of s@!t when you stuff up but are there to fight for all of our rights and make sure that awards are followed and represent fair conditions in the first place.

As has been said many times before not only in these forums but probably by your mothers on several occasions. "Dont just sit there bitching, stand up and do something about it!"

Rant over
Zepth
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Old 27th Aug 2005, 15:07
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Nice barking, but I think it's up the wrong tree.

Nobody here seems to be complaining that the union isn't helping non union members, quite to the contrary. Being let down by your union when you're a card carrying member is a massive slap in the face and it's happened to plenty of GA pilots.

One of the problems is that low paid GA pilots lack the time and means to attend union meetings, so there's a total lack of representation and therefore voice from GA. This in turn allows GA pilots to slip under the radar whilst the attending airline pilots get to bitch and moan about the ridiculous and the petty.

I'd like to finish by saying that I know of at least a couple of state meetings in recent years that were held in a pub. I think that speaks volumes in itself.
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Old 30th Aug 2005, 09:33
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Frickman
On the contrary to your understanding the meetings have been organised by the pilots and the most active branches are those with GA based members. I do not agree with your claim about plenty of pilots being let down by their union. I do acknowledge and have that we do not always win and sometimes it has a lot to do with the expectations of the member.

It's been a long time since I have been at a branch meeting where the "petty and ridiculous" have held sway but then I do not believe you have either.

The last point is an absolute 'pearl' yes we do hold meetings in pubs as that is where quite a number of members actually get together and talk about the issues and they have meeting rooms. Hey guess what I am also involved in sports and we hold meetings in pubs too. I guess the Qantas pilots would be happy to know that they must be unprofessional as they hold meetings in many alcohol serving establishments as well. Recently many meetings held at the graphic arts club and advertised as 'free beer' in an effort to poach members from us.

Lawrie Cox
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Old 30th Aug 2005, 10:22
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Am I the only one who thinks that pilots having meetings in pubs makes a LOT of sense?

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Old 31st Aug 2005, 04:10
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A union is only as good as it's members. The AFAP is struggling to get 3 or 4 blokes to front the monthly meetings in most states. It is always the same few who attend.
Is it apathy, or not wanting to be seen or known as a "fed"?
We are unable to help people who for what ever reason will not help themselves.
Don't expect others to do the hard yards for you if you will not stand up and be counted.
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Old 6th Sep 2005, 06:24
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I've just hit a wage where I can survive on food more stylish than 2 Minute Noodles.
I'm going to join the AFAP not because I expect I'll need help but because It might stop someone having to put up with the sh_t I did on the way.
It aint gonna send me broke.
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Old 10th Sep 2005, 01:37
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What about S/E with endorsements?

Allot is said about the state of the economy and the rise of fuel prices in the current state of this country. The award, as I understand it, was issued in 1998. A far cry away from the current economic straglehold the gov't has on us at the moment. Why oh why is the award only looked at over such long periods? On that note, I would like to know the rationale behind the award structure. It comes from an era that no longer exsists. An apprentice type mentality, were it was an accepted way to get into the airlines. With fuel prices and trying to make the bottom line, allot of regionals are looking for a more econimic way of air transport, single turbines are being considered mearely for the sake of economics, ie Flying Doctor. My "beef" is that there is an award for single engine, when this mentality should have been dropped may years ago. When will this rot end and a fairer way of support for pilots in this country start?.
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Old 11th Sep 2005, 11:07
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crash comics

A valid point re the single engine issue.

We are in the guts of an eba and the single engine issue surfaced during a eb negotiation discussion with management.

Basically we were trying to negotiate recognition of penalties for shift work using the multi engine base rate from the ga award. Management retorted with the fact that we couldn't use the multi engine base rate as we only fly single engine aircraft (PC12) with a base rate of about $30500. What an insult it is when management think that they can use the same rate of pay to a novice day vfr cessna 172 pilot to that of an experienced PC12 pilot that flies single pilot, IFR, at night, over water etc. with one fan.

The unfortunate thing about it is that as you say Crash, thats what the award sez so technically they may get away with it.

The AFAP really needs to make it a priority to revamp the GA award and fast.

PS. Watch this space for more on the EB issues
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Old 27th Sep 2005, 22:32
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Hi Laurie
Another question that needs some disscusion is that regarding contract pilots.
I my opinion it is just a way to avoid paying casual pilots super and other so called extras.
Where do we stand on insurance? being a contract pilot are we covered by the operator.
Cheers Tipan
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Old 28th Sep 2005, 21:19
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tipan13. Whilst I'd be interested in Lawrie's views, I would be very surprised if there are any "legal" contract pilots in Australian GA, especially if it is incumbent upon the contracting pilot to obtain an ABN, pay his own tax, superannuation and public liability insurance whilst accepting any remuneration, condition or benefit which is less than that prescribed by an Award or other legislation.

Here:

"An employment relationship, established by a contract of employment, places certain rights and obligations on employers and employees. Some of these obligations will have been expressly stated in the contract itself, either verbally or in writing, and others are legal obligations that come from legislation, awards or agreements or from common-law employment principles. For example, employers must comply with State and federal laws in relation to pay rates, working conditions, taxation, workers compensation, occupational safety and health, equal opportunity and superannuation, in addition to any agreed conditions in the contract."

If the purpose of the "contract" is to avoid employer Award obligations or to deny the contractor fair and just arbitration, the "contract" is invalid.

Woomera
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Old 29th Sep 2005, 01:15
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It's amazing the strength in numbers you do get with union membership. I work now in an organisation with 100% union membership, twice in my time there we have had issues that have plagued us, and the union has gone to the company with a log of claims, and said that if they were not met, there would be industrial action, on both occasions we got our demands. Sure a difference from flying, was unusual not seeing guys running to the boss saying 'we won't do it'

Look at unions in this country, it's only the ones with near on 100% membership in workplaces that actually have any clout.

Not withstanding that most pilots FIGHT for the award, the figures in the award are a joke in comparison to 'similar' jobs. Most bus drivers are on 35-50k, train drivers $50-70+k....guess again we are talking again of unionised workplaces where the people value their labour and demand a decent wage/conditions for it.
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Old 29th Sep 2005, 06:44
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In answer to some of the more recent posts. the single engine rate is there for small aircraft, please note that the GA Award is but a safety net it does not recognise operations such as the PC 12 in its own right. The future of safety net awards is currently in the balance dependent on the federal government legislation. You should note that in the EBAs where PC12 and B200 operate it is a single rate of pay, that is the PC12 does not get lower.

Contract pilots are a myth in real terms. If you wish to work as a contractor then get all the protections in place such as your workers comp insurance, public liability, ACN/ABN arrangements and superannuation. More than happy if you want to do all that but remember the tax man has a view to called the 80/20 determination if you do more than 80% of your work with the one employer unless you have a very valid argument then they consider you an employee.

The bottom line is that it is a sham to avoid base line rates, allowances, superannuation and most likely liability in case of an accident.

But we know our industry would never do that sort thing. (joking of course)

The two ways that you can be legitimately employed are casual or full time both provided for under the safety net awards. As usual we can only appeal to your common sense not to debase yourself or your colleagues by accepting less.

Puff good call now all we have to do is stop the knifing of each other and get on with the task of bringing the standing of a professional pilot back up to where it once was.

There are many who do not like unions but a union is governed by its members and that group sets the policy. If you don't want to play in the sand pit don't get snakey when they take control of the bucket in effort to get things improved.
Lawrie Cox
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Old 30th Sep 2005, 05:23
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Lawrie

Thanks for your continued interest in this thread, if nothing else it does give you some insight into the murmurings amongst the ranks.

As you point out where PC12's and B200's are dealt with as one in eba's where operators have both types. The RFDS central ops has only PC12's in its fleet and therein lies the issue of management trying to let us know that we are really only worth 30k odd per annum and that they are really generous by giving us a bit more than that.

The negotiations continue...
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Old 1st Oct 2005, 01:17
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It is a very sick industry that pays RFDS pilots less than half than that paid to airline pilots.
Do they still roster back to back 12 hour shifts?
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