PPRuNe Forums - Dear Cadet, will you promise us the earth?

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Dear Cadet, will you promise us the earth?

https://us1.proxysite.com/process.ph...dC3IIOA%3D&b=1

It seems that the AFAP, according to a widely distributed email, has had some success in the Federal Court against Regional Express and an intimidating letter sent out to cadets in September 2014.

Quote:

Since last April, the AFAP has been involved in legal proceedings against Regional Express. Last week, a key decision was handed down in our favour.

The case centres around a letter sent by the Chief Operating Officer of Rex to applicants for their Cadet Program (attached). It requests that they commit to being ‘fiercely loyal and company-minded’ and to go ‘way above and beyond the call of duty’. It also mentions specific EBA conditions that applicants can opt out of to prove their allegiance to the Company. It then (alarmingly) states that ex-cadets who have accessed certain conditions are lacking in integrity, and suggests that they will therefore not be considered for command positions.

In the AFAP’s view, these threats amount to unlawful adverse action under the Fair Work Act, against both prospective cadets and graduates of that program. The AFAP therefore commenced proceedings in the Federal Circuit Court of Australia in its own name. Understandably, given the circumstances, affected members were reluctant to identify themselves.

In response to the claim made by the AFAP, Rex instructed its lawyers to make an application to have the AFAP’s claim struck out. This was on the basis that it failed to identify any particular person against whom the adverse action is said to have been taken, and that the AFAP lacks standing to bring the proceedings at all.

Rex’s strike out application was heard by Riethmuller J on 12 November 2015. On 17 February 2016, judgement was handed down dismissing Rex’s application. Riethmuller J’s reasons are attached.

The AFAP will now proceed to argue the substantive issues, in particular, whether the threats contained in the letter to prospective cadets amount to unlawful adverse action. If this is ultimately successful, Rex may be ordered to retract the letters and pay civil penalties.

As far as we are aware, this decision is the first analysis of the ability of a union to bring proceedings where it did not have to demonstrate that members were affected by the alleged contravention. In the past, this issue appears to have been taken for granted, such that it had never been fully argued before. Accordingly, the decision represents an important judicial pronouncement on how the AFAP, and unions in general, are able to enforce industrial standards.

Further, it is important in that individuals do not always have to be named in such proceedings and therefore further restricts an employer’s ability to retaliate against an employee (although there will be times when an employee must be named at some point in a proceeding).

We will continue to update you with what the AFAP is doing from a legal perspective. In the meantime, please don’t hesitate to contact the AFAP on (03) 9928 5737 with any work-related legal issues.

Yours sincerely

Captain David Booth
President
The Australian Federation of Air Pilots

http://i1074.photobucket.com/albums/...psiu9a1cca.jpg

http://i1074.photobucket.com/albums/...psxcf9ssvr.jpg

KinderKat

Your images files are too large to post on PPRuNe. The first page is at least 203 KB, whereas from memory our maximum size is 100 or 120 KB? The reason for the size limit is that any larger and it distorts the forum width.

I don't have the time and energy to resize your image files.

http://www.pprune.org/pacific-genera...ng-pprune.html

This should provide a link to page 1 and 2 of your letter:

untitled_zpsqa20cjuz.png Photo by kindergartencat | Photobucket

2_zps6ribwc59.png Photo by kindergartencat | Photobucket

I also suggest you redact the date on page 2!

Thanks Tail wheel :ok:

Wow, that's disgraceful. Pretty thankful I don't work for this mob. Future Cadets be warned.

Sounds like a great place to work. :yuk:

Good work AFAP.

What an absolute farce! :yuk:

I wonder if Mr. Howell undertook the WOMBAT test prior to undertaking his COO position in Sept 14, HR normally weed out the passive aggressive types. :=

How does Nev sleep at night after having written that A grade baloney?

That needs to be on page three of The Australian.
What a disgrace. Would a letter like that be sent out without being run past the boss?

Do you need to sign over your first born child as well?

Clearly he should have kept his mouth shut about punitive action that would result for non-conformers but, apart from that, it was actually quite a good fishing letter to see not only how low prospective cadets are willing to go to secure a position but, also, give him some more ideas for driving down conditions.

The wording is absolutely atrocious and describes so much of what seems to be wrong with the Industry these days.

But just out of interest, they specifically mention the "AAPA Accommodation" in this letter, why ARE people not staying there for an overnight for a Sim and instead going to the "Local Motel"? Anyone in the loop can explain? Could be a case for the cadets who do spend the 9 months there that the accommodation provided is not adequate?

That may be the most atrocious thing I've ever read.

Yet members of the "profession" will sign up to those conditions, thus driving down, even further, the cost of cockpit labour.

All for the "common good" of course. :ok:

Is English the CEO's second language?

Quote:

But just out of interest, they specifically mention the "AAPA Accommodation" in this letter, why ARE people not staying there for an overnight for a Sim and instead going to the "Local Motel"? Anyone in the loop can explain? Could be a case for the cadets who do spend the 9 months there that the accommodation provided is not adequate?

I may be wrong, but I think it is something along the lines of the accomodation not meeting the EBA Agreed requirements- i.e. shared toilet/bathroom facilities etc.

Thanks Seneca, that would seem about right! If they were so worried they should have built the Accommodation up to spec, pretty sure those sorts of requirements for accom have been around for a while.

Neville, Singaporean if I remember correctly...not a stellar reputation from what I've heard either!

What an interesting letter Mr Howell.

Remember, your staff are a reflection of the caliber of leadership they are subject to. If you find everyone you employ dishonest and lacking integrity; which your letter clearly indicates. Maybe you need to have a very good look at yourself.

Bravo AFAP!

I half expected that letter to be signed by some obscure Nigerian prince..

Surely that letter has been doctored - if not, it is an absolute disgrace.

That's what I thought, but the FWC Judgement looks legit? Absolute numbskull writing it.