Pilots' Awards made Common Rule
 

For anyone currently working in the top end that missed reading the classifieds. NT News, Thurs 8-4-04 "Legal Notices" (page 34) Back pay for everyone, and we'll by our own blo##y cake!

Ads replicated for the,
Aerial Agricultural Aviation Pilots Award 1999
Regional Airlines Pilots' Award 2003
Helicopter Pilots (General Aviation) Award 1999

Soooo how do we go about lodging a 'request' for backpay???

Wageline confirms that it does apply retrospectively from the 24th. So talk to your boss/paymaster and ask if "he needs help calculating the backpays." If the reply is aint going to happen, you call and ask for someone to speak to about "my employer is refusing to follow the common rule ruling" and they jump to assist. Then you give AFAP a call (even if your not a member) and advise them the same.

You are then transferred to casual employment, to be called on an "as required" basis.

Oddly, the phone never rings....

Sorry to rain on your parade, but the award means little outside NT and ACT. Fail to see why they should be any different.

Still, better to have it than not.:ok:

currawong, is the GA pilots award a respondents award or common rule in the other states. As the key part here is that the Australian Workplace Relations Commission has declared it to be common rule in the NT and ATC. This means that ALL companies are legally BOUND by it or to enterprise bargaining agreements which must not be below it.

This also means an employee who accepts what he is told while employed, can put in a claim for unpaid wages etc on leaving the company. Many have done before, and won before.

Perhaps some of our ppruning legal eagles could comment on a hypothetical...
Would company A, operating in the NT and applying the award correctly, have just grounds to approach the ACC should they be aware of company B (also in the NT) running with lower overheads by ignoring their award obligations. Such a case would surely raise issues for competition laws.

You guys in the top end now have the opportunity to set things right regarding wages and conditions. For years now I've heard pilots moan in this forum and others. Seize The Day!

1. The award is now in effect throughout the NT as of 24th March.

2. Every EMPLOYER whether they have received notification or not is now bound to comply or face legal action. You cannot be sacked for asking for what is rightfully yours.

3. There is now the chance of a level playing field, where every GA pilot is paid the appropriate amount. It is now illegal to prostitute yourself for lower wages.

4. You now have the law behind you, you have to be assertive to get the ball rolling, the same sort of assertiveness that is required if you ever want to fly heavy metal.

5. Join the AFAP.

What about other States?

My company is in the list of Respondants, Does that mean I should by getting the Award?

Any legal eagles out the know?

Bong On


If your employer is a Respondent it is obliged to pay the Award.

W

For those Casual Employees The award states:

13.2 Casual Employment


13.2.1 A casual pilot will be paid per flying hour at the rate of 1/800 of the annual salary prescribed for the class of work performed (including additions to salary).


13.2.2 A casual pilot will be paid in addition to the amount in 13.2.1 an amount of 25 percent for each hour.


13.2.4 On each occasion a casual pilot is required to ATTEND WORK the pilot is entitled to minimum payment as follows;


13.2.4(a) for a tour of duty or stand by away from the airport up to four hours, a minimum of two hours pay; and


13.2.4(b) A tour of duty or stand by away from the airport exceeding four hours, a minimum of four hours pay.

If I worked in N.S.W as a casual and my employer paid me $100.00/wk retainer and $30.00/hr for flying and I spent 40hrs/wk on duty but only do 5 hrs for the week flying =$250.00/wk am I entitled to any more ??

Does it make a difference if I'm sub contracting??

What about if I'm a charter pilot flying freight on C310/ PA31 and getting $160.00-$180.00/day is this correct??

A common rule award binds all parties to the conditions contained therein.

The way to vary that award is by means of either a certified enterprise agreement or an AWA.

They are the three recognised and legal mechanisms of protecting all employers/employees rights.

Some sort of contractual arrangement between the employer/employee in a written form that is not either an enterprise agreement or AWA, will not stand up against the award.

There are many documented cases whereby employees have been compensated through the industrial courts where minimum conditions have not been met.

Even if an employer is not listed as a respondant in the common rule award, he is still bound to honour the minimums listed in the award.

The order of priority of the award/agreement is thus:

Federal award, State award, Enterprise Bargaining Agreement, AWA.

If there is any dispute over what is meant by a term, or what condition needs to be met, if it is not covered in the EBA or AWA, then reference is made to the preceeding registered/recognised EBA/AWA. If still no resolution, then refer back to the state award and federal award.

I would suggest that if you believe that your entitlements are not being met correctly, that an approach is made to your pay master to ascertain the correct method of claim. If there is a difficulty then approach the AFAP for guidance.

And, remember you catch more flies with honey than lemon. :E

Point,

Don't know about your first question.

If you are on freight runs and getting $160 -180 a day and your employer is respondant to the award, and you are flying a C310/PA31, the hourly rate shoud be 1/800 of the base salary 33244 + 3847 (for IFR) plus 25%. This amounts tio 57.95 P/h.

If your duty period is more than 4 hours, you are entitled to at least 4 hours pay = $231.80

If you fly more than 4 hours, you should be paid by the hour, or part thereof.

Cheers

Respondant to the award ?

How do I find this out ?

No POINT asking the employer they will say "we're not respondant to the award."::confused:

Point

Have you read the award?

I am not wishing to antagonise you, but it is quite easy to read. It will help you answer any question that you may have with regard to pay rates and other entitlements.

It also lists by state who is a respondant to the award.

If all else fails .. ASK THE AFAP ... they will assist you with your enquiries ...

a google search will bring up the award as amended, March, 2004

Point. Here is the list of Respondents.

And here is the Award.

Go do some research yourself!

Great news for the guys and gals up there in the Top End, and lets hope it follows in other states, BUT...


Can anyone see any negatives arising from this?

Perhaps the result will be less pilots being forced to work absolute max flight and duty times so companies can get their monies worth out of their employees.

Maybe another possibility will be less casuals as well, which can be both good and bad whichever way you look at it. Good in the sense that full-time employment is obviously preferable and more secure, but bad in that is the way so many of us get a start in this game.

No doubt the companies will all be seeing who is the first to budge and increase costs - or will they just aim to cut corners in other ways?

Hope it all works out in a positive manner for those concerned.

Cheers,
TL

How do I let my employer know about this change when they are so busy with the day to day running of the company, and if they did know would probably keep it to themselves. As if they.re going to come out with an announcement "you are all getting a pay rise".

How do we bring this to their attention without losing our jobs??

Most of the companies at my aerodrome (GAAP)are on the respondant list and I allege most wouldn't be paying the award.

The award is great but it's only as good as the people using it.

When ever my memory fails me I look up the list of respondents.

It never seems to amaze me why identities or Companies long gone ( 30 years plus ) still appear on the list.

Point ..

print a coopy of the award out .. highlight the important bits to you .. take it with you when you GO AND SEE YOUR EMPLOYER .. use the highlighted parts as an aide memoir and DISCUSS THE ISSUE WITH HIM/HER ..

Failing that .. is there another more senior pilot that you can approach and discuss this with, and TOGETHER APPROACH YOUR EMPLOYER

and .. as has been said before .. THE AFAP can offer some asssitance whether you are a member of not, but if it comes to a knuckle up .. then you will have to become a financial member. They are the ones to approach.

Stop marking the spot and get on with it ...

Point,

You made my point.

Voice,

If it did not work for the 89'ers, how do you expect it to work for GA?

The award is a fine piece of legislation.

As is that which governs tax in this country. Does not mean we all get a group cert at the end of the year.

Or super, or workers comp.

AFAP may assist recouping owed income. Will they assist when one is black - balled by an irate, albeit crooked, former employer and face several years looking for the next seat?

It's great to see this change to the award, maybe new pilots will now get the money they deserve for the job they do. Yes....I said DESERVE.

I can see a few employers getting rather upset at the idea of having to pay pilots a reasonable wage but let's face it, we aren't talking about putting new pilots on $50,000 a year. The award is a fair amount to pay to a pilot, you can easily earn that money stacking shelves at Coles!

With all that said and done how much difference is it going to make in the 'real world'? How many 19 year old, 200hr pilots are going to request a meeting with their employer and ask for a pay rise, not too many I'm guessing. It's true, you can't be sacked for asking for a pay rise but in the 'real world' we all now that if you had the sort of boss that would consider a pay rise you would have approached him/her by now.

Good luck to all those pilots who are setting up meetings with their employers to explain the new 'common rule'. Here's hoping they will at least hear your comments. The other option of course is to come up with some form of enterprise bargaining agreement that works for both you and your employer. Either way I hope this new award development does mean something in the 'real world'.

Cheers,

Hollywood :cool: