qantas airways limited flight crew (long haul) certified agreement

Transcription

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
Workplace Relations Act 1996
s.170LJ - Agreement with organisations of employees (Division 2)
Qantas Airways Limited
and
Australian and International Pilots Association
(AG2005/3736)
QANTAS AIRWAYS LIMITED FLIGHT CREW (LONG HAUL)
CERTIFIED
AGREEMENT 2005 - 2006 (EBA 7)
Airline operations
COMMISSIONER RAFFAELLI
SYDNEY, 16 NOVEMBER 2005
CERTIFICATION OF AGREEMENT
In accordance with section 170LT of the Workplace Relations Act
1996, the Commission hereby certifies the attached written
agreement.
This agreement shall come into force from 16 November 2005 and
shall remain in force until 31 December 2006.
BY THE COMMISSION:
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code 609>
1.
Flight Crew (Long Haul)
Certified Agreement 2005-2006
(EBA7)
Table of Sections and Parts
Section A
Framework of Agreement
Section B Employment Contract (Terms and conditions of employment
of long haul flight crew members employed by Qantas Airways
Limited) comprising the following Parts:
Part 1:
Application and operation of Employment Contract
Part 2:
Exclusions and special conditions
Part 3:
Grievance & Disciplinary Procedures, Dispute
Resolution and Consultation for Enterprise
Flexibility
Part 4:
Employer and employees' duties, employment
relationship and related arrangements
Part 5:
Pay and related matters
Part 6:
Hours of work and scheduling
Part 7:
Leave entitlements
Part 8:
Travelling and working away from home base
Part 9:
Training and related matters
Part 10:
Safety and equipment
Part 11:
Schedules (Scheduling Variations Agreement, Alternate
Paxing Agreement and Scheduling Arrangements
("S.A.s")
Part 12:
Letters of Agreement ("LOAs")
Part 13:
Appendices - EBA1, EBA2, EBA3, EBA4, EBA5 &
Loss of Licence Insurance Policy (distributed with EBA7 for
reference purposes only)
Section C
EBA7 bargain provisions
2.
Section A: Framework of Agreement
1.
Title
This Agreement is to be known as the Qantas Airways Limited Flight
Crew (Long Haul) Certified Agreement 2005-2006 (EBA7) and is
referred to in this document as "the Agreement".
2.
Duration
The Agreement will operate from 1 January 2005 to 31 December
2010.
3.
Parties Bound
The Agreement is binding on Qantas Airways Limited ("the
Company"), the Australian and International Pilots Association
("the Association") and all long haul flight crew members
employed by the Company and who are members or eligible to be
members of the Association.
4.
Relationship with other awards and agreements
4.1
The Agreement is to be read in conjunction with:
4.1.1
the Qantas Technical Aircrew (Long Haul) Award 2000
[Print PR900102] ("Safety Net Award");
4.1.2
Award
the Qantas/Australian Airlines Pilots Integration
1994 ("Integration Award"); and
4.1.3
those parts of the following agreements that have
not already been incorporated into the Agreement:
(a)
Qantas Technical Aircrew (Long Haul) Enterprise Bargaining
Agreement 1992 ("EBA1");
(b)
(c)
(d)
Qantas Technical Aircrew (Long Haul) Certified Agreement
1998 Incorporating Enterprise Bargaining Agreement IV (1998-2001)
("EBA4");
(e)
Qantas Airways Limited Flight Crew (Long Haul) Certified
Agreement 2001-2002 ("EBA5"); and
(f)
Agreement 2003-2004 ("EBA6").
3.
4.2 To the extent of any inconsistency between the Agreement and
the Safety Net Award, the Agreement prevails unless expressly
stated in a clause to the contrary. To the extent of any
inconsistency between Section C (containing the enterprise
bargaining provisions) and Section B (containing the Employment
Contract), Section C prevails unless expressly stated in a clause
to the contrary.
5.
Recognition of the Association's role in the industrial
relationship
The Company will continue to recognise the Association's
established role in collective representation of flight crew
members.
6.
No precedent
The parties to the Agreement undertake that they will not use the
Agreement in any manner whatsoever to obtain, negotiate or impose
any conditions or benefits for any other area of the Company's
operations.
7.
No Extra Claims
This is a comprehensive agreement in settlement of all enterprise
bargaining claims by the Company and the Association and as such
the parties agree that it is a term of the Agreement that the
parties will not pursue any extra claims except where consistent
with National Wage Case principles. Safety net increases awarded
by the Australian Industrial Relations Commission during the term
of the Agreement will not apply to the rates of pay in the
Agreement.
8.
Dispute Settlement Procedure
The parties agree that any dispute or grievance arising out of
any matter contained in the Agreement will be processed in
accordance with the dispute settlement procedure or, where
appropriate, the grievance procedure, in the Employment
Contract.
9.
Variations to Agreement
The Agreement may be varied during its currency by mutual
agreement of the parties. Any such variations may be set out in
a Letter of Agreement and in that event will be deemed to form
part of the Agreement subject to section Part 8 Division 8 of the
Act.
4.
10.
Renegotiation of Agreement
The parties agree to commence negotiations on a new collective
enterprise agreement no later than six months prior to the expiry
date of this Agreement (or such lesser period as agreed between
the parties) and are committed to complete negotiations on the
new agreement prior to the expiry date. The Company will continue
to apply the terms of this Agreement to all flight crew members
covered by it until the new agreement takes effect at law. The
operative date of the new agreement will be 1 January 2011.
5.
Section B: Employment Contract
PART 1 -APPLICATION AND OPERATION OF EMPLOYMENT CONTRACT
1.
TITLE AND CONTENT
1.1
This Section B of the Agreement contains agreed terms
and conditions relating to the employment of long haul flight crew
members by Qantas Airways Limited and is referred to as the
"Employment Contract".
1.2
The Employment Contract essentially comprises the
provisions sourced from:
1.2.1
The Qantas Airways Limited - Technical Aircrew (Long
Haul) Award 1996 (Q0104 A M Print N7619) ("1996 Award") prior to
its simplification which resulted in the Safety Net Award;
1.2.2
Letters of Agreement ("LOAs") made between the parties
and existing as at the date the parties enter into this Agreement;
and
1.2.3
Scheduling Arrangements (S.A.1 to S.A.11 inclusive)
agreed between the parties and existing as at the date the parties
enter into this Agreement.
2.
PREAMBLE - INTENT AND PURPOSE
In making this Employment Contract part of the Agreement, the
parties recognise that compliance with its terms and the
development of a spirit of cooperation are essential for mutual
benefit and to achieve the intent and purpose of the Employment
Contract.
3.
ARRANGEMENT OF PROVISIONS AND GENERAL INDEX
PART 1 - APPLICATION AND OPERATION OF EMPLOYMENT CONTRACT
Clause number
Subject matter
Page
1
Title and Content
B:6
2
Preamble - Intent and Purpose
B:6
3
Arrangement
of
General Index
Provisions
&
B:6
6.
4
Savings Provision
B:49
5
Interpretation
B:49
6
Anti-discrimination Provision
B:50
7
Definitions
B:51
PART 2 - EXCLUSIONS AND SPECIAL CONDITIONS
8
Exclusions and Special Conditions
8.1
B:63
Special circumstances governing
B:64
Company's use of flight crew members
Exception for supervisory flight
B:63
crew members
8.2
PART 3 - GRIEVANCE & DISCIPLINARY PROCEDURES,
DISPUTE RESOLUTION & CONSULTATION
FOR ENTERPRISE FLEXIBILITY
9
9.1
9.1.1
9.1.2
9.1.3
9.1.3.1
9.1.3.2
9.1.3.3
9.1.3.4
9.2
9.2.1
9.2.2
9.3
9.3.1
9.3.2
9.3.3
9.3.4
9.3.5
9.3.6
Scope of Procedures, Board of
Appeal & General Matters
B:64
Common provisions
Excluded matters
B:64
B:64
Representation and support
Board of Appeal
Scope
How the Board of Appeal is
constituted
Hearing and decision
Hearing expenses
B:64
B:64
B:64
B:65
Dispute resolution
Scope
Dispute settlement procedure
Grievance procedures
Scope
Complaint investigation
Decision
Appeal
Adjudication
Precedent
B:66
B:66
B:66
B:68
B:68
B:68
B:69
B:69
B:69
B:70
B:65
B:66
7.
9.4
9.4.1
9.4.2
9.4.2.1
9.4.2.2
9.4.2.3
9.4.2.4
9.4.2.5
9.4.3
9.4.3.1
9.4.3.2
9.4.3.3
Disciplinary procedures
B:70
B:70
Decision
B:70
Time-frame
B:70
No case to answer
B:71
Flight crew member exonerated
B:71
Demotion
B:71
Effective date of implementation of B:71
decision
Appeal
B:71
Time-frame
B:71
No disciplinary action pending
appeal decision
B:72
Failure to appeal within prescribed
time frame
Adjudication
Records of interview
Personal file
Identical circumstances precedent
Reserved
B:72
11
Consultation and enterprise
flexibility
B:73
11A
Introduction of change
Employer’s duty to notify
Company’s duty to discuss change
B:73
11B
Flexibility Provision
B:74
9.4.4
9.4.5
9.4.6
9.16.6
10
B:72
B:72
B:72
B:72
B:73
PART 4 - EMPLOYER'S AND EMPLOYEE'S DUTIES,
EMPLOYMENT RELATIONSHIP AND
RELATED ARRANGEMENTS
12
12.1
12.2
12.3
12.4
12.4.1
12.4.2
12.5
12.6
12.7
12.7.1
12.7.2
Contract of employment
B:75
Flight crew members to carry out
Company orders or instructions
Exclusive service
Work organisation
Orders to flight crew members
Orders to flight crew members to be
in writing
Parties may review how orders are to
be given
Probationary periods
Stand-down provisions
Termination of employment
Notice of termination by the Company
Notice of termination by a flight
B:75
B:75
B:75
B:75
B:75
B:75
B:76
B:76
B:77
B:77
B:77
8.
12.7.3
12.7.4
12.7.5
12.7.6
12.8
12.8.1
12.8.2
12.8.3
12.9
12.9.1
12.9.2
12.9.3
12.9.4
12.9.5
12.10
12.11
12.12
12.12.1
12.12.2
12.13
12.13.1
12.13.2
13
13.1
13.1.1
13.1.2
crew member
Summary Dismissal
Notice periods when flight crew
members are outside Australia
Flight crew members based away from
Sydney to be returned to Sydney at
the Company's expense
Terminating employment to join
another airline
Withholding flight crew members from
service
When a flight crew member may be
withheld from service
Following an aircraft accident or
incident
(a) Pattern protection pending an
investigation
(b) Repaying overpaid monies if
negligence is attributable to the
flight crew member
Lack of proficiency or failure to
meet recognised responsibilities
Redundancy
Notice of termination due to
redundancy
Severance pay
Redundancy list
Re-employment following redundancy
Reviewing redundancy provisions
Suspension from duty
Bonds
Company's right to deduct
overpayments from pay or allowances
Company may deduct overpayments
subject to conditions
Conditions to be satisfied before
any deduction can be made
Guarantee of employment and salary
relativity for FEOs
Guaranteed continuity of employment
as FEOs
Guaranteed salary relativity
Seniority
B:78
B:78
B:78
B:78
B:79
B:79
B:79
B:80
B:80
B:80
B:80
B:80
B:80
B:81
B:81
B:81
B:81
B:81
B:82
B:82
B:82
B:82
B:83
General provisions
B:83
Seniority is a flight crew member's B:83
length of continuous service
Seniority commences to accrue from B:83
the date in a flight crew member's
9.
13.1.3
13.1.4
13.1.5
13.1.6
13.1.7
13.1.8
13.1.9
13.2
13.2.1
13.2.2
13.2.3
13.2.4
13.2.5
13.2.6
13.2.7
13.2.8
13.3
13.3.1
13.3.2
13.3.3
13.3.4
letter of appointment
Relative seniority of flight crew
members with the same date of
appointment
(a)
Formula agreed between the
Company and the Association
(b) Order of merit for Cadet pilots
determines the relative seniority
Seniority continues to accrue during
supervisory appointment or
secondment
Seniority continues to accrue when a
flight crew member is transferred to
non-flying duties because of
personal illness
Seniority does not accrue when a
flight crew member is transferred to
non-flying duty unless the flight
crew member maintains a licence
Seniority ceases on termination of
employment or acceptance of another
position with the Company
Seniority starts again on
re-employment after termination
unless the flight crew member is
being reinstated
Seniority Order
Pilots' and FEOs' seniority lists
Each flight crew member's seniority
by number, name and status
Adding names to the seniority lists
Seniority lists updated and
promulgated each year
Seniority lists effective 1 July
2008
Objection to seniority list on
grounds of error or omission
Objections to be promulgated
Issuing a revised list if objection
upheld
No right of objection if period for
making objection has lapsed
Letters of preference
Letters of preference to specify a
preference for a category vacancy
How to file a letter of preference
Letters of preference will be
acknowledged and filed
Keeping a letter of preference
current
B:83
B:83
B:84
B:84
B:84
B:85
B:85
B:85
B:85
B:85
B:85
B:85
B:86
B:86
B:86
B:86
B:86
B:86
B:87
B:87
B:87
10.
13.3.5
13.3.6
13.4
13.4.1
13.4.2
13.4.3
13.4.4
13.4.5
13.4.6
13.4.7
13.4.8
13.4.9
13.4.10
13.4.11
13.4.12
13.4.13
13.4.14
13.4.15
13.4.16
13.4.17
13.4.18
Altering a letter of preference
Bidding for a specific vacancy will
take precedence over a letter of
preference
Application of seniority
Seniority determines the order of
selection for promotion, transfer to
base station or aircraft type and
demotion or termination if
redundancies occur
(a) Flight crew members who are
sufficiently qualified
(b) Flight crew members who are not
considered to be sufficiently
qualified
Advertising initial vacancies
Closing date for bids
Awarding vacancies in order of
seniority
Assigning vacancies in reverse order
of seniority
Conditional bids
Date by which vacancies will be
allocated and promulgated
Date for training courses to
commence & notice to flight crew
members
Provisional allocation of vacancy
subject to flight crew member being
cleared for training
Bidding for, and award of, a vacancy
in a lower category
(a) Flight crew member's right to
bid
(b) Award of a vacancy is at the
Company's discretion
(c) Once only right to bid for, and
be awarded, a vacancy in a lower
category
Assigning emergency temporary
vacancies at a base station
Training out of seniority order
Additional vacancies created by a
training failure
Increased training requirements
Release from a vacancy &
re-allocating the vacancy
Re-scheduled or deferred training
course dates
Cancelled training course dates
Re-bidding for vacancies where 7 or
B:87
B:87
B:87
B:87
B:87
B:87
B:88
B:88
B:88
B:88
B:88
B:88
B:89
B:89
B:89
B:89
B:89
B:89
B:89
B:90
B:90
B:90
B:90
B:90
B:91
B:91
B:91
11.
13.4.19
13.4.20
13.5
13.5.1
13.5.2
13.5.3
13.5.4
13.5.5
13.5.6
13.5.7
13.5.8
13.5.9
13.5.10
13.6
more training courses are cancelled
By-pass associated with cancelled
vacancy
Awarding a vacancy in a lower status
By-pass
By-pass principles
(a) Exception to the allocation of
vacancies under clause 13.4
(b) By-pass must be for operational
reasons & not arbitrary or
capricious
(c) Consultation with the
Association before by-pass can take
place
(d) Who will be allocated the
vacancy if a flight crew member is
by-passed?
(e) By-pass on the basis of one for
one
Circumstances where by-pass pay
accrues
as
an entitlement
(a) Where a flight crew member's
vacancy for promotion or transfer is
deferred
(b) Where a flight crew member's
allocated vacancy is cancelled & the
flight crew member is not allocated
another vacancy in the same category
within 12 months
Circumstances where by-pass pay will
not apply
By-pass pay calculation
(a) If the pilot would be a PLH in
the new category
(b) If the pilot would be a BLH or
RLH in the new category
(c) Personal training credits and
superannuation at new category rate
How by-pass entitlements can be paid
Entitlement to by-pass remains even
in special circumstances
Company and Association to consult
if an aircraft type is sold or phased
out of service
By-passed flight crew member to
commence deferred training within
two years
By-pass entitlements cease in
certain circumstances
Forfeiting by-pass pay entitlements
Limitations of seniority
B:92
B:92
B:92
B:92
B:93
B:93
B:94
B:95
B:95
B:95
B:96
B:96
B:96
B:96
12.
13.6.1
13.6.2
13.6.3
13.6.4
13.6.5
13.6.6
13.6.7
14
14.1
14.2
14.3
14.4
14.5
14.6
14.7
14.7.1
14.7.2
14.7.3
14.7.4
14.7.5
Supervisory, check or training
appointments
Seniority not recognised during
first 18 months after qualifying as
a Second Officer
Freeze period of 18 months after
failing to qualify
Freeze periods for category changes
(a) Training successfully
completed:
Freeze of 2 training
blocks after training block in which
the vacancy was to be effective
(b) Training deferred but
successfully completed:
Freeze of
2 training blocks after commencing
training
(c) By-passed: Freeze of 18 months
(d) Vacancy assigned: Freeze of 18
months
(e) Initial command vacancy: Freeze
of 18 months
Company's right to reject a flight
crew member's bid for a base station
Vacancy awarded even though full
term of vacancy not to be served
where base transfer not involved
Company's right to reject a flight
crew member's bid if another vacancy
still pending
Promotion and demotion
B:96
Status on appointment
Status on completion of training
Status of a pilot
Status of a FEO
Category of a pilot according to
aircraft type
Category of a FEO
Promotion
Definition of promotion
Seniority determines selection for
promotional training
Assessment of a flight crew member's
operational suitability for
Qualifications required for
promotional training and/or
transfer to another aircraft type
Referring cases to the Pilot or FEO
Assessment Committees
B:99
B:99
B:99
B:99
B:100
B:97
B:97
B:97
B:98
B:98
B:99
B:99
B:100
B:100
B:100
B:100
B:100
B:100
B:101
13.
14.7.6
14.8
14.8.1
14.8.2
14.8.3
14.8.4
14.8.5
14.8.6
14.9
14.9.1
14.9.2
14.9.3
14.9.4
14.9.5
15
15.1
15.2
15.3
15.4
15.5
15.6
15.7
15.8
Company to provide command flying
training
Training Failures
Failure of a Second Officer to pass
a promotional training program
Pilot Assessment Committee's tied
decision that a pilot should have
further training
Company may require a pilot to
undergo flight check in certain
circumstances
First Officer failing training for
promotion and/or aircraft type
transfer
Captain failing training for
aircraft type transfer
FEO failing training for aircraft
type transfer
Demotion & Related Arrangements
Definition of demotion
Limit on the demotion of a flight
crew member
Meeting to consider a flight crew
member's demotion
Flight crew members failing to
achieve the required standard of
proficiency
Company's discretion to decide
status or category if a flight crew
member fails to maintain the
required standards of proficiency
Allocation to base stations away
from Sydney
B:101
Allocation to a base station
Base station vacancies away from
Sydney
Promulgating vacancies
Terms and conditions attaching to
basing away from Sydney
Leave to discuss the terms and
conditions of basing away from
Sydney
Company may reject a flight crew
member's bid for a base station
vacancy in certain circumstances
Vacancy may be awarded even if a
flight crew member is not available
to serve full term
Restriction on assigning a flight
crew member to a base station away
B:104
B:104
B:101
B:101
B:102
B:102
B:102
B:102
B:103
B:103
B:103
B:103
B:103
B:103
B:104
B:104
B:105
B:105
B:105
B:105
B:106
B:106
14.
from Sydney
15.9
15.10
15.11
15.12
15.13
15.14
15.15
15.15.1
15.15.2
15.15.3
15.15.4
15.15.5
15.15.6
16
16.1
16.2
16.3
16.4
16.5
16.6
16.7
17
17.1
17.1.1
17.1.2
Request to terminate a basing
because of personal or family
ill-health
vacancies at a base station
Flight crew member relieved of all
Company duty to arrange personal
affairs associated with a basing
away from Sydney
Reduction in numbers at base station
away from Sydney
Short term and long term basings
Transfer costs between base stations
Localised lines
Constructing localised lines
Allocating localised lines
Travelling allowances
Accommodation
Transport
Beneficiaries travel
Allocation to aircraft type
B:106
Allocating flight crew members to an
aircraft type
vacancies on aircraft type
Vacancies allocated in accordance
with seniority
Requirement to remain on type for a
minimum applicable freeze period
Reduction in numbers in a category at
Sydney
A flight crew member cannot be
assigned to a lower rated aircraft
except in an emergency
Return of service limitation
Conditions attaching to the
appointment of Supervisory Flight
Crew and Check/Training Flight Crew
B:110
Supervisory flight crew members
Administrative supervisory
appointments
Training supervisory appointments
B:113
B:113
B:107
B:107
B:107
B:108
B:108
B:108
B:108
B:109
B:109
B:110
B:110
B:110
B:110
B:111
B:111
B:111
B:111
B:112
B:112
B:112
B:113
15.
17.1.3
17.1.4
17.1.5
17.2
17.2.1
17.2.2
17.2.3
17.2.4
17.2.5
17.2.6
17.2.7
17.2.8
17.2.9
17.2.10
17.2.11
17.2.12
17.2.13
17.2.14
17.2.15
Allocating flying to supervisory
flight crew members
(a) Flying to be representative of
normal flying patterns
(b) Quota of flying available to
administrative supervisory Captains
(c) Quota of flying available to
training supervisories
(d) Quantum of flying available to
administrative First Officers
(e) Quota of flying available to
administrative supervisory FEOs
(f) Special flying available to
supervisory flight crew members
Open time flying
(a) Quota of flying for
administrative supervisory flight
crew members becoming open time
flying
(b) Allocating open time flying to
administrative or training
Trading patterns
Conditions attaching to appointment
of Training Supervisories, i.e.
SCC/SCFEOs (excluding TFOs)
Establishment number
Seniority
Duties of SCC/SCFEOs
Appointment and Tenure
Resignation
Redundancy
Operational suitability
Annual leave
Long service leave
Construction, allocation &
promulgation of rosters
Ground Training Block construction
Reserve Days
Maintaining personal flying
standard
Flying Block construction
Self-sector flying
(a) Minimum entitlement to
self-sector flying
(b) Exclusions
(c) Reviewing self-sector flying
(d) Adjusting self-sector flying
(e) Rotation to the line counts as
5 sectors of self-sector flying
(f)
Leave reduces the threshold
B:114
B:114
B:114
B:115
B:116
B:116
B:116
B:116
B:116
B:117
B:117
B:118
B:118
B:118
B:119
B:119
B:120
B:121
B:121
B:121
B:122
16.
criteria
17.2.16
17.2.17
17.2.18
17.2.19
17.2.20
17.2.21
17.3
17.3.1
17.3.2
17.3.3
17.3.4
17.3.5
17.3.6
17.3.7
17.3.8
17.3.9
Designated Duty Free Days ("DDFDs")
(a) Entitlement
(b) Infringement
Contactability
(a) On last DDFD before an Available
Day
(b) Day before a Reserve Day
(c) Flying duty removed (with
requirement to offset shortfall in
credited hours)
Rostering changes
Credited hours
(a) Ground Training Block and Flying
Block combined
(b) Company can assign duties up to
170 credited hours or personal
divisor (whichever is greater)
(c) Annual/long service leave
(d) Ground Training Block
(e) Duty days
(i)
Ground Training Block
(ii)
Flying Block
(f)
Additional assigned duty days
(g) Reserve Days
(h) Presenting at ground training
courses
(i) Training Review Meetings
Payment for extended briefing and
debriefing times
(a) Extended briefing
(b) Extended debriefing
Rotation to the line
of Check and Training Captains
("CTCs")
Duties of CTCs
Line training duties & checking
duties are not mutually exclusive
Requirement to carry out
training/checking duties
Appointment and tenure
Resignation
Redundancy
Allocation of flying
Advertising leave slots
B:122
B:123
B:123
B:125
B:125
B:126
B:126
B:127
B:127
B:127
B:128
B:128
B:128
B:128
B:128
B:128
B:128
B:128
17.
17.3.10
B:128
18
Pre-allocation for Training
Captains D and E
of Training Captains/FEOs
Duties of Training Captains/FEOs
Pre-allocation for Training
Captains D and E
of TFOs
Duties of TFOs
of Training Second Officers ("TSOs")
Duties of TSOs
Allocating flying to TSOs
of administrative Second Officers
Appointment
Allocating flying to administrative
Second Officers
Impact of 28 day/calendar month bid
periods for B767 domestic operations
(refer LOA162A)
Supply of Agreement
19
Access to Personal Records
B:131
20
Loss of Licence Insurance
B:131
21
Flight crew member indemnity and
release
Re-employment after medical
termination
Application for re-employment
Flight crew member may be required to
satisfy a Medical Board of Review as
to fitness to fly
Procedure for assessing application
for re-employment
Re-employment subject to certain
conditions
Change in category for specified
period or permanently
Re-employment must be within six
months of agreement
Consequences if the Company and the
Association cannot agree upon
re-employment
Flight crew member re-employed under
clause 22 but not cleared for
B:129
17.4
17.4.1
17.4.2
17.4.3
17.4.4
17.5
17.5.1
17.6
17.6.1
17.6.2
17.7
17.7.1
17.7.2
17.8
22
22.1
22.2
22.3
22.4
22.4.1
22.4.2
22.4.3
22.5
B:129
B:129
B:129
B:129
B:129
B:129
B:129
B:129
B:129
B:130
B:130
B:130
B:130
B:130
B:131
B:132
B:132
B:133
B:133
B:134
B:134
B:134
B:134
B:134
18.
promotion/type transfer training
22.6
22.7
22.8
22.8.1
22.8.2
22.8.3
22.8.4
22.8.5
22.9
22.10
22.11
22.12
22.13
22.14
Company's discretion to clear a
flight crew member to bid for a
higher category at any time
Application of this Certified
Agreement to a reemployed flight
crew member
Status upon re-validation
Captain revalidated as a First
Officer
First Officer revalidated as Second
Officer
Second Officer revalidated as Second
Officer
FEO revalidated as FEO
Re-employment within six months of
written application
Seniority
Pay
Date of joining superannuation fund
Loss of Licence
Company may defer re-employment
where reemployment would create a
surplus
Staff travel
B:135
B:135
B:135
B:135
B:136
B:136
B:136
B:136
B:136
B:136
B:137
B:137
B:137
B:137
PART 5 - PAY AND RELATED MATTERS
23
Classifications and pay rates
B:138
23.1
23.2
23.3
23.4
23.5
Definitions for pay clauses
Calculating pay for each bid period
Pay increases and A380 rate of pay
Increment restructure
Salary Sacrifice
Pay and allowances for Supervisory
Flight Crew and Check/Training
Flight Crew
B:138
B:138
B:138
B:139
B:142
B:142
24.1
Pay calculations
24.1.1 Percentages to be added to
applicable line hourly rates of pay
24.1.2 Credited hours basis for payment of
percentage
24.1.3 Additional flight duty payments
("AFDP")
24.1.4 Pay Elements
24.1.5 Superannuation salary
B:142
B:142
24
B:143
B:143
B:143
B:144
19.
24.2
Administrative supervisory flight
crew members
Training supervisory flight crew
members
Check and Training Captains on a
fixed roster line for route checking
purposes
Administrative and training Second
Officers
Additions to Pay
Additional flight duty payments
Two pilot crews and flight duty
period exceeding 11 hours
Crews of 3 or more pilots and flight
duty period exceeding 12 hours
Flight duty period exceeding 14
hours
Two pilot crews on A380, B744 or B767
aircraft where flight deck duty time
is planned to exceed 8 hours
Three pilot crew on B747 aircraft
where flight deck duty time is
planned to exceed 8 hours & 30
minutes
How payments are calculated and
pro-rated, and general exclusions
Distinguishing additional flight
duty payments from credited hours
Additional payment for loss of duty
free time over two consecutive bid
periods
Additional payment when assigned
over divisor + 5
Additional payment for exceedence of
planned limits
Payment for additional sectors after
15-4 contact obligation
Accepting an offer under 27.21.1(b)
Pay Rules and Processes
B:144
Rate of pay for pilots and FEOs on
completion of initial training
Years of service pay increments
Rate of pay during transitional
training
26.3.1 No Failure in previous 7 years
(a)
For a bid period wholly
containing transitional training
(b)
For a bid period containing
transitional training and
B:149
24.3
24.4
24.5
25
25.1
25.1.1
25.1.2
25.1.3
25.1.4
25.1.5
25.1.6
25.1.7
25.2
25.3
25.4
25.5
25.6
26
26.1
26.2
26.3
B:144
B:145
B:145
B:146
B:146
B:146
B:146
B:146
B:147
B:147
B:147
B:147
B:147
B:148
B:148
B:148
B:148
B:149
B:149
B:149
B:149
20.
26.4
26.5
26.6
26.7
26.8
26.9
26.10
26.11
26.12
26.13
status as a PLH, BLH or RLH
26.3.2 Failure in previous 7 years
Effective date for change of
category and associated change in
rate of pay
26.4.1 Promotion or transfer to another
aircraft type
26.4.2 Demotion
Calculating MGH for a portion of a
bid period
Rate of pay for a flight crew member
who is unfit for flying duty but fit
for non-flying duty
26.6.1 Rate of pay for a flight crew member
who, because of personal illness,
accepts a ground staff position
26.6.2 Excluding clause 26.6.1 where a
flight crew member's licence is
cancelled (& a loss of licence
capital sum is paid)
Rate of pay under the Company's
personal accident insurance scheme
Circumstances where a flight crew
member is not entitled to accrual of
MGH
Calculating pay for accrued credited
hours when a Captain proffers a
pattern line to supervisory flying
Calculating annual and long service
leave entitlements on termination of
employment
Calculating sick leave entitlement
on medical termination
26.11. Calculating the lump sum payment
1
26.11. Number of days of accrued sick leave
2
not to exceed number of days of
remaining service
Annual leave
26.12. Rate of pay and allowances
1
(a) Sydney base
(b) Bases other than Sydney
26.12. Advance payment
2
26.12. Calculating pay credits for
3
BLHs/RLHs
Sick leave
26.13. Payment at full or half pay
1
26.13. Augmenting sick leave with annual
2
leave
B:151
B:151
B:151
B:151
B:152
B:152
B:152
B:152
B:152
B:153
B:153
B:154
B:154
B:154
B:155
B:155
B:155
B:155
B:156
B:156
B:156
B:156
21.
26.14
26.15
26.16
26.17
26.18
26.19
26.13. Converting sick leave between long
3
haul and short haul operations
(a) Sick leave entitlement
(b) URTI entitlement
Long service leave
26.14. Company's discretion to grant long
1
service leave at half pay
26.14. Calculating payment at full or half
2
line rate of pay
26.14. Calculating pay credits for
3
BLHs/RLHs
26.14. Credits for public holidays
4
contained within long service leave
period
Special leave with or without pay
Rate of pay when temporarily
assigned to an aircraft type
Pay for home study and/or
4thsimulator session
How the pay system works (56 day bid
periods)
26.18. Fortnightly Pay
1
26.18. Four pay periods each bid period
2
26.18. Payment for MGH
3
26.18. Pattern line holders are paid the
4
difference between MGH and divisor
hours
26.18. BLHs are paid for hours worked in
5
excess of MGH
26.18. Day 29 balancing of pay in Pay Period
6
2
26.18. TSOs and FEOs under initial training
7
26.18. Supervisory flight crew,
8
administration and training S/Os
26.18. Additional flight duty payments
9
26.28. Practical example of the pay system
10
(based on a divisor of 170 hours) for
a PLH
How the pay system works (28 day bid
periods)
B:156
B:157
B:157
B:158
B:158
B:158
B:158
B:158
B:159
B:159
B:159
B:159
B:159
B:159
B:159
B:159
B:160
B:160
B:160
B:161
B:161
PART 6 - HOURS OF WORK, SCHEDULING AND RELATED
ARRANGEMENTS
22.
27
27.1
27.2
27.2.1
27.2.2
27.2.3
27.2.4
27.3
27.4
27.4.1
Scheduling and Hours of Work
B:163
Application of various related
agreements
Scheduling Policies
Intent & Purpose of Scheduling
Policies
Scheduling Committee
All pertinent information to be
provided to the Scheduling Committee
Planned single sectors requiring
Association approval
Changes to the Bid Line Construction
Rules
Constructing patterns and pattern
lines
Pattern construction
B:163
B:163
B:163
B:163
B:164
B:164
B:164
B:165
B:165
(a) Transits for international
trips longer than 6 days
(b) No disruption to international
patterns
(c) Rules applyinq for pattern
repair
27.4.2 Pattern line construction
(a) Pattern lines to include all
known flying
(b) Determining the number of
pattern lines to be constructed for
each category at a base station
(i)
Dividing total credited hours
by the divisor
(ii) Reducing the number of pattern
lines to improve quality
(iii)
Constructing additional
lines from remaining known flying
(c) Short PLHs
(d) Low PLHs (i.e. a PLH having a hand
built line of at least 120 credited
hours)
(e) Contained lines
(f)
Midnight cut-off
(i)
Apportioning credits
(ii)
Pattern protection
(iii)
Overprojection for rotating
PLHs/BLHs
(g) Building duty free periods into
pattern lines
(h) Single days off option
B:165
B:166
B:167
B:167
B:167
23.
27.5
27.6
(i) Flexi-lines
(j) Carer’s Lines
(k) Planning provision for recency
days
(l) Pattern line allocation below
MGH
B:169
B:173
B:178
27.4.3 Pattern lines may be designated for
a proffer to Supervisories
27.4.4 Building pattern lines that do not
conflict with flying allocated in
the precedinq bid period
27.4.5 Auditing the allocation of bid lines
27.4.6 Pattern protection for a flight crew
member disadvantaged due to error
27.4.7 Including credited hours for annual
and long service leave in pattern
lines
Bidding guidelines for preferential
bidding
27.5.1 Flight crew members eligible to bid
are to submit sufficient number of
bids
27.5.2 A flight crew member's "standing
bid"
27.5.3 Varying the order of a "standing bid"
before closing time for bids
27.5.4 Reverting to previous bidding rules
if preferential bidding is abandoned
Allocation of bid lines and
restrictions on allocation
27.6.1 Pre-allocating flying for pilots
27.6.2 Pre-allocating mentor flying to
Second Officers
27.6.3 Pre-allocating a flight crew
member's "golden bid" flying before
retirement
27.6.4 Pre-allocating a flight crew
member's banked hours
27.6.5 Pre-allocating "golden" annual
leave
27.6.6 Conflict with last pattern in
preceding bid period
27.6.7 Allocating patterns where flight
crew member's qualification is
reasonably expected to be achieved
before the bid period starts
27.6.8 Blank lines will not be allocated in
two consecutive bid periods unless
a flight crew member expresses a
preference
B:179
B:179
B:179
B:179
B:180
B:180
B:180
B:180
B:180
B:181
B:181
B:181
B:181
B:182
B:182
B:182
B:182
B:182
B:182
B:183
24.
27.7
27.8
27.9
27.10
27.6.9 RLHs deemed BLHs following
Establishment levels - Sufficient
flight crew members at each base
station
27.7.1 Pattern line holders
27.7.2 BLHs
27.7.3 Allocating additional crew for
reserves
27.7.4 Establishment formula
(a)
Definition of correct
establishment
(b) Considerations to be taken into
account
(c)
Maximum training to achieve
correct establishment
(d)
Consultative approach
Flight and duty time limitations
27.8.1 Specific flights that cannot be
operated within the duty time
limitations
27.8.2 Limit of 3 sectors if duty time
scheduled to exceed 11 hours
27.8.3 Jet aircraft with 2 pilots (with
exception for A380, B744 & B767
aircraft)
27.8.4 Jet aircraft with 3 pilots with
in-flight relief but NO adequate
rest facilities
27.8.5 Jet aircraft with 3 pilots AND
in-flight relief AND adequate rest
facilities
27.8.6 A380/B744 aircraft for planned
single sectors with 4 pilots AND
in-flight relief AND adequate rest
facilities
27.8.7 Statutory requirements for adequate
rest facilities apply
27.8.8 Exceptional circumstances:
Extending limitations to statutory
limits
27.8.9 Concessions by Aviation Regulatory
Authority
Duty limitations applicable to
deadheading
Duty limitations applicable to
standby or ground duties
27.10. Duration of standby duty
1
27.10. Reporting for flight duty during
2
standby duty
B:183
B:183
B:183
B:184
B:184
B:184
B:184
B:185
B:185
B:185
B:185
B:186
B:186
B:186
B:187
B:187
B:187
B:187
B:188
B:188
B:188
25.
27.10.
3
27.10.
4
27.11
27.12
27.13
27.14
27.15
Reporting for flight duty after
termination of standby duty
Classroom training
(a) Classroom hours per day or hours
on consecutive days
(b) Restrictions
(c) Parties to review claims for
payment for courses exceeding
specified limits on an unplanned
basis
Duty limitations requiring rest
period after 50 hours of duty
Measurement of duty time
27.12. Flight duty
1
27.12. Deadhead duty
2
27.12. Standby duty
3
27.12. Base duty
4
Minimum off duty periods en route
27.13. Factors to be taken into account when
1
grouping flights into patterns
27.13. Regularly scheduled flights
2
27.13. Deadheading
3
27.13. Irregular charter or special flights
4
27.13. Off duty period en route cannot be
5
less than 12 hours without approval
of Aviation Regulatory Authority
27.13. Disruptions
6
27.13. Exceptional circumstances
7
27.13. London Slips
8
Minimum base turnaround time
("MBTT")
Credited Hours
27.15. Fifty-six day bid period limitations
1
(a) Flight crew members will not be
scheduled to exceed bid
period
divisor (or,
where applicable,
personal divisor) plus 5
(b) Flight crew members may be
required to exceed bid period
divisor plus 5 where disruptions
occur
B:188
B:189
B:189
B:189
B:189
B:189
B:190
B:190
B:190
B:190
B:190
B:191
B:191
B:191
B:192
B:192
B:192
B:192
B:192
B:194
B:194
26.
(c) Flight crew members cannot elect
to exceed bid period divisor plus 10
without Company approval
(d) Bid period limitations
proportionately reduced if a flight
crew member becomes a RLH for a
portion of a bid period
(e) Limitations where a BLH or RLH
takes annual or long service leave or
sick leave
(f)
Calculating annual and long
service leave credits for BLHs and
RLHs for bid period limitation
purposes
27.15. Calculation of credited hours for a B:195
2
bid period
27.15. Flight hour credits
B:196
3
27.15. Deadhead credits
B:197
4
27.15. Duty period credits
B:198
5
(a) All flying on aircraft except
B767 domestic rostering/flying
(b)
(c) Where the duty period includes
deadheading
27.15. MDC and Elapsed time away credits B:199
6
("ETAC")
(a) Where MDC replaces ETAC
(b) Value of MDC for flying patterns
(except B767 domestic patterns)
(c) Application and value of MDC
for B767 domestic patterns
(d) Calculating the value of ETAC
(where it applies)
(e) Determining MDC or ETAC where
MBTT at a flight crew member's base
station is less than the prescribed
time
(f)
Where a flight crew member
B:200
becomes unavailable due to personal
illness or other approved reasons
during a pattern
(g) Where a flight crew member
becomes available again after
personal illness (or other approved
reasons for being unavailable)
during a pattern and flies
(h) Where a flight crew member
27.
becomes available again after
personal illness during a pattern
and does NOT fly
(i) Where a flight crew member
B:201
becomes available after being
unavailable due to approved personal
reasons and does NOT fly
(j) Where a flight crew member is
withheld from service during a
pattern
(k) B767 domestic flying
(l)
Credited hours where a flight
crew member reports for duty but does
not leave the blocks
27.15. Leave credits
B:201
7
27.15. Personal training credits
B:203
8
27.15. Additional credits
B:204
9
(a) Deadheading to and from a basing
(b)
Standby duty credit
(c)
Credit for operating during
other flight crew member's training
(d)
Credits for simulator support B:205
(e) Credits for additional sectors
after the 15-4 contact obligation
(f) Out of base training
27.15. Transitional training credits
B:205
10
(a) Where a flight crew member has
not failed a training program for 7
years
(b) Where a flight crew member has B:206
failed a training
program in the preceding 7 years
(c) Where a flight crew member is
given credited hours for approved
leave
(d) Calculating credited hours for
transitional training
(e) Minimum pay for the bid period
in which transitional training
commences
(f) Pay for the bid period in which B:208
transitional training is
successfully completed
27.15. Early sign on for route
B:208
11
qualification/recency/control
checks/training packages (e.g.
contaminated runways)
27.15. Banking hours
B:208
12
28.
27.16
Pattern Protection
27.16. The meaning of pattern protection
1
27.16. How pattern protected hours are
2
calculated in the circumstances
under which flight crew members are
entitled to pattern protection
(a)
No conflict between patterns
(b)
Conflict between patterns due
to assignments and/or standbys
(c)
Conflict between patterns due
to downline disruption
(d)
Overprojection
(e)
Personal illness
(f) Annual leave, long service leave
and jury duty
27.16. Calculating pay and flight time
3
limitations having regard to pattern
protected hours
27.16. Dropping pattern protection
4
27.16. Offsetting pattern protected hours
5
(a) Company may require pattern
protection to be offset
(b) Offering or awarding open time
flying or other duty to a pattern
protected flight crew member
(c) Flight crew member's right to
reject offer of open time or other
duty without losing pattern
protection
(d) Rate at which pattern protection
is offset
(e) When the obligation to offset
pattern protected hours is
extinguished
(f) Company's right to assign open
time flying or other duty to a
pattern protected flight crew member
who declines an offer of open time
flying or other duty
(i)
Number of offsets available
to the Company
(ii)
Each pattern protected
occasion can be treated separately
or combined
(iii)
Open time or other duty
assigned not to interfere with any
other pattern or MBTT
(iv)
Duty assigned to offset
B:209
B:209
B:210
B:212
B:213
B:214
B:214
B:215
B:215
29.
27.17
pattern protected hours must not
overproject a flight crew member to
exceed divisor plus 5
(v)
Declining to accept assigned
pattern or duty resulting in loss of
remaining pattern protected hours
for that occasion
(vi)
Assigned duty offsets pattern
protected hours on a 1:1 basis
(vii)
Accepting an assignment that
does not fully offset will result in
fixed pattern protection
(g) Pattern protected hours are
completely offset by an assigned
duty
(h) No pattern protection for BLHs
or RLHs
(i)
Offsettable pattern
protection: Flight crew member to be
available for offers/assignments to
offset pattern protection for the
duration of the bid period (general
circumstances)
(j)
Date-limited
pattern
protection:
Flight crew members
to be available for
offers/assignments to offset
pattern protection for the duration
of the pattern (where
related
to
training,
qualifications
or
displacement)
(k) Fixed pattern protection: When
pattern protected hours do not have
to be offset
(l)
Multi-offsettable
pattern
protection:
Multiple offsets if
a flight crew member does not meet a
contact obligation or is assignable
time available or does not
satisfactorily complete a cyclic
simulator session
(i) If a flight crew member does not
meet a contact obligation
(ii) If a flight crew member is
assignable time available
(iii) Unsatisfactory cyclic
simulator session
Duty free time at a flight crew
member's base station
27.17. Entitlement to duty free time
1
B:217
B:218
B:218
B:219
B:220
B:221
B:222
B:222
30.
27.18
27.17. Measuring a duty free period
2
27.17. Scheduling duty free days into bid
3
lines
(a) Grouping DDFDs for BLHs & RLHs
(b) When DDFDs are pro-rated
(c) Number of duty free periods over
two consecutive bid periods
(d) Redesignating infringed DDFDs if
a flight crew member flies assigned
open time flying
(e) Advancing or retarding DDFDs by
agreement
27.17. Specific provisions relating to PLHs
4
and redesignating DDFDs
(a) Circumstances when a PLH's DDFDs
can be infringed
(b) Rescheduling infringed DDFDs
(c) Redesignating duty free days if
18 DDFDs are not taken before the end
of a bid period
(d) Available Days are duty free
periods but a flight crew member is
obliged to be available for contact
with the Company
(e) Time free of duty and contact
requirements for assignable time
available flight crew members and/or
pattern protected flight crew
members
27.17. Specific provisions relating to
5
BLHs & RLHs and redesignating
infringed DDFDs
(a) Circumstances where DDFDs may be
infringed
(b) Rescheduling infringed DDFDs
(c) Conflict between redesignated
duty free days and next DDFDs
(d) Reallocating duty free days for
BLHs/RLHs if 18 DDFDs are not taken
before the end of a bid period
(e) Protection of DDFDs
27.17. Redesignating DDFDs when
6
transitional training interupted
Contactability requirements and
Available Days
27.18. When BLHs & RLHs are to be available
1
for contact
27.18. When assignable time available
2
flight crew members are to be
available for contact
B:222
B:222
B:222
B:224
B:225
B:225
B:226
B:224
B:224
B:224
B:227
B:228
B:228
B:228
31.
27.19
27.20
27.18. When offsetable/multi-offsettable
3
pattern protected flight crew
members are to be available for
contact
27.18. Date-limited & calendar
4
date-limited pattern protection
27.18. Call-in procedure on last DDFD
5
before an Available Day
27.18. Company to give minimum period of
6
notice
27.18. When the Company may notify flight
7
crew members of duty
27.18. Additional sectors after 15-4
8
contact obligation
27.18. Contactability for B747 & B744
9
flight crew members whilst on duty
(a) No contact at sign-on before a
sector (subject to qualification),
or before or during a simulator
session
(b) After a flight or simulator
27.18. Contact requirement for PLHs
10
transitioning to become BLHs or RLHs
27.18. Requesting a release from further
11
contact obligations
Standby and simulator support duties
27.19. Order for allocating standby duty
1
27.19. Offsetting pattern protection or
2
increasing credited hours
27.19. Availability for contact and report
3
time
27.19. When standby duty ends
4
27.19. BLH called off standby
5
27.19. Order for allocating simulator
6
support duties
27.19. Other relevant provisions
7
Training Days
27.20. Where possible, training duties will
1
be assigned to take place on
Available Days
27.20. If training infringes DDFDs they
2
will be redesignated
27.20. Amount of notice of training duties
3
to be given to flight crew members
27.20. Arranging an alternative time if
4
cyclic training session is cancelled
B:229
B:229
B:229
B:229
B:229
B:230
B:230
B:230
B:231
B:231
B:231
B:232
B:232
B:232
B:232
B:235
B:236
B:236
B:236
B:237
B:237
B:237
32.
27.21
27.22
27.20. Training cancelled without
5
sufficient notice will be counted as
duty days
27.20. When pattern protection applies if
6
flight crew members lose time to
carry out assigned training
27.20. Varying the system of allocating
7
training
27.20. How pattern protection applies where
8
a flight crew member does not
achieve/maintain required standard
(a) No pattern protection for
failure to achieve/maintain
standard
(b) Multi-offsettable pattern
protection to apply for an
unsatisfactory cyclic simulator
sessions
Allocating open time flying
27.21. Listing all open time flying
1
27.21. Changes to Early Closure
2
requirements
27.21. Flight crew members may bid for open
3
time flying
27.21. Procedures for processing open time
4
flying, stand-by and simulator
supports
27.21. Order of priority for allocating
5
open time flying
Exceptions to flying of allocated
patterns
27.22. Circumstances when a pattern line
1
holder does not fly an allocated
pattern
27.22. How the circumstances in 27.22.1 are
2
treated
(a) Lack of qualification
(b) Personal illness
(c) Pattern
changed/cancelled/rescheduled or
subject to aircraft type change
before reporting for duty
(i)
Company may deny a flight
crew member's election to fly a
changed pattern
(ii)
Company may require the
flight crew member to fly a changed
pattern
(iii)
Flight crew member may
relinquish a changed pattern
B:237
B:237
B:238
B:238
B:238
B:238
B:239
B:239
B:240
B:241
B:251
B:251
B:252
B:253
B:253
B:254
33.
(iv)
Pattern cancelled or
aircraft type substituted
(d) Pattern changes after reporting
for duty to be treated as downline
disruptions
(i)
Disruptions to other flight
crew members to be minimised
(ii)
Downline disruption
(iii)
Downline disruption causing
conflict between MBTT and next
pattern
(iv)
Overprojection caused by
downline disruption
(e) Flight crew member withheld from
service
(i)
Reasons for withholding a
flight crew member from service
(ii)
Whether or not pattern
protection will apply
(f) Flight crew members can be
displaced from a pattern or part of
a pattern
(i)
Displacing a flight crew
member from a pattern
(ii)
Register of flight crew
members' wishes about displacement
(iii)
Requesting a review of a
decision to displace
(iv)
Prior notification of
displacement
(v)
Avoiding displacing flight
crew members who require
aeronautical experience for
promotion
(vi)
Pattern protection
(g) Removing a flight crew member
from a pattern at the flight crew
member's request
(h) Flight crew member taking
approved leave
(i)
Annual/long service leave
or jury duty
(ii)
Special leave
(iii)
Parental leave
B:255
B:255
B:256
B:257
B:257
B:258
34.
(i) A flight crew member's previous
pattern interferes with his or her
next pattern
(i)
Conflict between pattern
line for new bid period and assigned
pattern in previous bid period
(ii)
Conflict between downline
disrupted pattern in previous bid
period and pattern in new bid period
(iii)
Conflict between pattern
arising from standby duty and next
pattern
(iv)
Conflict between assigned
open time pattern and next pattern
(v)
Pattern protection lost where
a pattern exceeds statutory
limitations or conflicts with a
pattern from a previous bid period
(j)
Flight crew member
relinquishes excess projected
credited hours
(i)
No pattern protection arises
if a flight crew member
relinquishes time when a pattern
accrues more credited hours than
originally scheduled and results in
overprojection
(ii)
Pattern protection arising
from a flight crew member
relinquishing time when a pattern
arising from an allocated standby
duty or assigned open time flying
accrues more credited hours than
originally scheduled
(iii)
No pattern protection
arises if a flight crew member
relinquishes time when transitional
training accrues more credited
hours
than originally scheduled
(k) Company removes excess projected
credited hours
(i)
If a flight crew member fails
to relinquish hours
(ii)
Pattern protection
(l) Trading patterns with another
flight crew member
(i)
Trades by flight crew
members who are not pattern
protected or assignable time
available
(ii)
Trades by pattern protected
or assignable time available flight
B:258
B:259
B:260
B:261
B:262
35.
crew members
(m) Trading patterns with open time
flying
(n)
Flight
crew
members
allocated to vacancy or changing
categories
(o)
Flight crew member
relinquishing assigned pattern of
open time after being awarded
another pattern containing more
credited hours
(p)
Captain allocated to line
proffered to supervisory flying
27.22. Circumstances when a BLH or RLH
3
does not fly an allocated pattern
B:262
B:262
B:262
B:263
B:263
PART 7 - LEAVE ENTITLEMENTS
28
28.1
28.2
28.3
28.4
28.5
28.6
28.7
28.8
28.9
28.9.1
28.9.2
28.9.3
28.9.4
28.10
Annual leave
B:264
Amount of annual leave entitlement
The annual leave year
Amount of annual leave for pay
purposes on termination of
employment
Cashing out annual leave
Annual leave to be taken on
consecutive days
Choice of annual leave cycles
Advertising leave slots for the 8
month cycle
Advertising leave slots for the 12
month cycle
Flight crew members to bid for annual
leave in two steps
Step 1 (First allocation)
Step 2 (Second allocation)
Step 3 (Third allocation)
Bidding for leave is at the flight
crew member's option
Allocating annual leave
Allocating leave from Step 1 bids
B:264
B:264
B:264
B:264
B:264
B:265
B:265
B:265
B:266
B:266
B:266
B:266
B:266
B:266
B:266
28.10.
1
28.10. Allocating leave from Step 2 bids B:267
2
28.10. Assigning leave to flight crew
B:267
3
members who have not bid or who have
36.
28.11
28.12
28.13
28.14
28.15
28.16
28.17
28.18
28.19
28.20
28.21
28.22
28.23
28.24
28.25
28.26
28.27
28.28
28.29
28.30
29
29.1
29.2
made insufficient bids
Company to promulgate a list of
allocated leave
Confirming a flight crew member's
annual leave
Altering annual leave allocation if
a flight crew member transfers to
another category or base station
Assigning outstanding leave
Additional or vacant leave periods
to be promulgated prior to each bid
period
Flight crew members to bid for
additional or vacant leave periods
before each bid period
Assigning additional or vacant leave
Altering annual leave on
compassionate grounds
Election by flight crew members
posted overseas
When leave cannot be commenced on the
planned commencement date
Recalling a flight crew member from
leave
Illness during leave
Reimbursing a flight crew member for
irrecoverable deposits if leave
cancelled by the Company
Sliding the planned commencing or
finishing date
28.24. Where a pattern line cannot be built
1
to the standard window
28.24. Where a pattern or patterns conflict
2
with annual leave
Designated duty free days and duty
free periods within a flight crew
member's allocated annual leave
Taking annual leave in single days
Taking annual leave while travelling
to or from a basing away from Sydney
"Golden" leave days pre-allocated
Taking annual leave associated with
the birth of a child
Additional clauses for managing
assignment of Annual Leave
Long Service Leave
Definitions
Granting long service leave in
B:267
B:267
B:267
B:267
B:268
B:268
B:269
B:269
B:269
B:269
B:270
B:270
B:270
B:270
B:270
B:270
B:271
B:271
B:271
B:271
B:272
B:272
B:273
B:273
B:274
37.
accordance with Company manuals
29.3
29.4
Long service leave entitlement
Granting long service leave at half
pay
Service in the armed forces prior to
service with the Company
How long service leave is allocated
Leave priority principle
Written applications by 1 March each
year for 12 month period from 1
August
Approval of long service leave
subject to crewing constraints &
annual leave allocation
Leave outside Christmas period
Leave within Christmas period
Last allocation in an odd number of
leave slots treated as annual leave
Additional leave
Agreed steps for managing assignment
of long service leave
Changed circumstances
Taking long service leave associated
with the birth of a child
Parental leave
B:274
B:274
Parental leave entitlements
30.1.1 Qualifying for parental leave
30.1.2 Accessing parental leave
30.1.3 Extending the period of parental
leave
30.1.4 Parental leave payment
30.1.5 Annual/LSL entitlements
30.1.6 Personal leave entitlements
30.1.7 Returning to duty after parental
leave
30.1.8 Retaining or relinquishing a
training vacancy
30.1.9 Applying for a vacancy during
parental leave
30.1.1 Staff travel
0
Maternity leave
30.2.1 Eligibility
30.2.2 Period of leave
30.2.3 Applying for leave
30.2.4 Commencing maternity leave
30.2.5 Pregnancy related illness prior to
maternity leave
B:277
B:277
B:277
B:277
29.5
29.6
29.6.1
29.6.2
29.6.3
29.6.4
29.6.5
29.6.6
29.6.7
29.6.8
29.7
29.8
30
30.1
30.2
B:274
B:275
B:275
B:275
B:275
B:275
B:275
B:276
B:276
B:276
B:277
B:277
B:277
B:278
B:278
B:278
B:278
B:279
B:279
B:279
B:279
B:279
B:279
B:279
B:279
B:280
38.
30.3
30.4
31
30.2.6 Pregnancy terminates or child dies
prior to maternity leave
30.2.7 Pregnancy terminates or child dies
during maternity leave
30.2.8 Ground staff positions
30.2.9 Superannuation
30.2.1 Maternity leave is counted as
0
continuous service
Paternity leave
30.3.1 Eligibility
30.3.4 Notice of proposed period of leave
30.3.5 If the child's birth occurs earlier
than expected
30.3.6 Cancellation of paternity leave
30.3.7 Unpaid paternity leave not to count
as service
Adoption leave
30.4.1 Eligibility
B:280
30.4.4 Notice of adoption approval and
proposed period of adoption leave
30.4.5 Cancellation of adoption leave
30.4.6 Unpaid adoption leave not to count as
service
30.4.7 Special leave associated with
adoption procedures
Personal/Carer's leave
B:283
B:283
Personal leave & bereavement leave
circumstances
Personal leave & bereavement leave
entitlements
Sick leave
Sick leave entitlements are
cumulative
Deducting sick leave from personal
leave
Using accumulated personal leave for
sick leave
Paid leave for URTI
Additional sick leave at half pay
Further sick leave without pay
Notifying the Company of illness
Reporting availability for duty
When sick leave commences and
B:284
31.1
31.2
31.3
31.3.1
31.3.2
31.3.3
31.3.4
31.3.5
31.3.6
31.3.7
31.3.8
31.3.9
B:280
B:280
B:281
B:281
B:281
B:281
B:281
B:281
B:282
B:282
B:282
B:282
B:282
B:282
B:282
B:283
B:284
B:284
B:284
B:284
B:285
B:285
B:285
B:285
B:285
B:285
B:285
B:286
B:286
B:286
39.
31.3.1
0
31.3.1
1
31.4
31.5
31.5.1
31.5.2
31.5.3
31.5.4
31.5.5
31.6
31.6.1
31.6.2
31.6.3
32
finishes
When a medical certificate is
required
Designated duty free days within
sick leave period
Calculating sick leave entitlements
with associated salary and lump
payments
Carer's leave
Using personal leave entitlement for
carer's leave
Carer's leave may be taken for a
single day
Deducting carer's leave from
personal leave
Conditions and limitations upon
taking carer's leave
Unpaid carer's leave
Compassionate leave
Documentary evidence
Using accumulated personal leave for
compassionate leave
Additional leave for bereavement of
a close relative
Leave of absence without pay
B:286
B:286
B:286
B:287
B:287
B:287
B:287
B:287
B:287
B:287
B:287
B:287
B:288
B:288
PART 8 - TRAVELLING AND WORKING AWAY FROM
HOME BASE:
(DAILY TRAVELLING ALLOWANCE, MEALS &
ACCOMMODATION, HOME TRANSPORT & DUTY TRAVEL)
33
33.1
33.2
33.3
33.4
33.5
33.5.1
33.5.2
33.5.3
33.5.4
33.6
Daily travelling allowance
B:290
Daily travelling allowance paid
where absences from a flight crew
member's base station exceeds 24
hours
When ADTA applies
Actual allowances paid (ODTA & ADTA)
Differential Rate for Captains
Adjustments to ODTA and ADTA
ODTA
ADTA
Base year for calculating ODTA & ADTA
No downward adjustment will apply
STACR
B:290
B:290
B:290
B:290
B:290
B:290
B:290
B:291
B:291
B:291
40.
34
Meals and Accommodation
B:291
Company to provide first class
accommodation & meals
Changes to hotel accommodation
Changes to arrangements relating to
meals
Allowances payable for duty (other
than flight duty) overseas
Home Transport and related
arrangements
B:291
Transport between city and the
airport
Circumstances in which the Company
will provide transport between a
flight crew member's home and the
airport, and return
Where patterns exceed one calendar
day
Where a tour of duty exceeds 14 hours
Extensions to the last tour of duty
in a pattern
Two-pilot crews rostered for more
than 11 hours tour of duty or 8 hours
flight time
Tour of duty originating from a port
outside Australia
Tour of duty encompassing midnight
at the point of departure
Home transport entitlements are
fixed prior to a flight crew member's
departure from base station
Flight crew members away from base
station on flight duty
Flight crew members away from base
station on duty other than flight
duty
Duty Travel
B:293
Definitions for duty travel
provisions only
36.1.1 Company aircraft
36.1.2 Definition of "not available"
Positioning flight crew members for
duty and returning them to base
stations
Standard of duty travel
Flight crew members accepting other
B:295
34.1
34.2
34.3
34.4
35
35.1
35.2
35.2.1
35.2.2
35.2.3
35.2.4
35.2.5
35.2.6
35.3
35.4
35.5
36
36.1
36.2
36.3
36.4
B:292
B:293
B:293
B:293
B:294
B:294
B:294
B:294
B:294
B:294
B:295
B:295
B:295
B:295
B:295
B:295
B:295
B:295
B:296
B:296
41.
36.4.1
36.4.2
36.4.3
36.4.4
36.4.5
36.4.6
36.4.7
36.4.8
36.4.9
36.4.1
0
36.5
36.6
36.6.1
36.6.2
36.7
than first class seating in
particular circumstances
Domestic sectors
(a) Business class
(b) Economy class
International sectors
Higher class section blocked off &
unavailable for commercial sale
Travelling in a higher class of
seating on another Company aircraft
All tickets endorsed for first class
travel
Maximum of two consecutive sectors
in other than first class in tour of
duty
Maximum deadheading in tour of duty
when duty travel includes economy
class seating
Maximum deadheading in tour of duty
when duty travel includes only
business or mixed class seating
Business class seats to be approved
by the Association
Allocation of seating when
travelling in economy class
Flight crew members accepting
economy class seating in empty, all
economy class aircraft
Travel on foreign carriers
Travel on foreign carriers in
certain regions
(a) Regions where this clause 36.6.1
will apply
(b) During downline disruptions
(c) Planned travel on foreign
carriers
(d) Meal allowance
Travel on foreign carriers outside
the regions specified in 36.6.1
Travelling to, or returning from, a
basing
B:296
B:297
B:297
B:297
B:298
B:298
B:298
B:298
B:298
B:298
B:299
B:299
B:299
B:299
B:300
PART 9 - TRAINING & RELATED MATTERS
37
37.1
37.2
Training and Qualification
B:301
Qualifications required for
promotional training and/or
Notification of training
B:301
B:301
42.
37.3
37.4
37.5
37.6
37.7
37.8
37.9
37.9.1
37.9.2
37.10
37.10.
1
37.10.
2
37.10.
3
37.10.
4
37.11
37.11.
1
37.11.
2
37.11.
3
37.11.
4
37.11.
5
38
commencement date
Company to provide command flying
training
Relinquishing patterns to undergo
training
Additional training requested by a
flight crew member
Additional training required at
Company's initiative
Establishing Captain and First
Officer requirements for training
requirements
Cyclic training sessions and
training flying
Flight simulator training & cyclic
training
Hours for scheduling simulator
training, briefing and debriefing
Cyclic training sessions policy
Route qualifications
Qualifying for all routes flown by
pilots on a particular aircraft type
Adding a permanent new route or
station
Adding a temporary new route or
station
Pilot's responsibility to maintain
route qualifications
Recency and cyclic training
requirements
Keeping a check on compliance with
recency and cyclic training
requirements
Flight crew members to give
notification of expiry date of
recency & cyclic training
qualifications to Company
Pattern protection if a flight crew
member is not given an opportunity
to maintain recency or cyclic
training requirements
Failure to notify the Company or
accept the Company's offer of an
opportunity to maintain recency or
cyclic training requirements
Breaking a period of leave to perform
recency flying
Pilot and FEO Assessment Committees
B:301
B:301
B:302
B:302
B:302
B:303
B:303
B:303
B:303
B:304
B:304
B:304
B:304
B:305
B:306
B:306
B:306
B:306
B:306
B:307
B:307
43.
38.1
38.2
38.3
38.4
39
Assessing a flight crew member's
suitability for training
Where Pilot or FEO Assessment
Committee is equally divided in its
assessment
Findings of Pilot or FEO Assessment
Committee are confidential
Company to arrange counselling
Intentionally left blank
B:307
B:307
B:307
B:307
B:307
PART 10 - NEW AIRCRAFT/EQUIPMENT, SAFETY AND UNIFORMS
40
New aircraft or equipment
B:309
Conference to consider changes to
pay, rules and working conditions
for new aircraft or equipment
When any agreed changes to
Employment Contract apply
Flight crew members will operate new
aircraft or equipment when declared
airworthy for a minimum period of 3
months even if agreement not reached
on pay and conditions
B787 aircraft
Insurance cover in warlike
circumstances
B:309
42
Internment
B:312
43
Uniforms
B:313
44
Accident and incident investigation B:313
40.1
40.2
40.3
40.4
41
44.1
44.2
45
B:309
B:309
B:309
B:309
Association's right to be
B:313
represented during an investigation
into any accident or incident
Association's report to form part of B:313
final report of investigating board
Leave bank, preferential bidding and B:314
relief from flying
PART 11 - SCHEDULES TO THE AGREEMENT
Schedule 1
Schedule 2
Schedule 3
Scheduling Variations Agreement
B:316
Alternate Paxing Agreement
B:319
Scheduling Arrangements (S.A. 1-11) B:325
44.
Number
S.A.1
S.A.2
S.A.3
S.A.4
S.A.S
S.A.6
Status
Retained
Retained
Retained
Retained
Retained
Retained
S.A.7
S.A.8
Retained
Retained
S.A.9
S.A.10
Retained
Retained
S.A.11 Retained
S.A.12 Retained
Schedule 4
Standby duty
Allocation of standby duty
Telephone protocol
Dropping of patterns unpaid
Leave for compassionate reasons
Dropping of patterns against annual
leave
Assignment of annual leave
LSL entitlement under Qantas Policy
Manual
Home transport
Operating and deadheading to home
base
Emergency Basing
SMS Notification of open time
23.2 pay tables, rates of pay for
TSO, STACR rates and 25.2 table
B:325
B:325
B:326
B:326
B:328
B:328
B:328
B:329
B:330
B:332
B:333
B:334
PART 12 - LETTERS OF AGREEMENT ("LOAs")
LOAs
Letters of Agreement 1 to 169
inclusive
B:337
Note: Archived * refers to LOAs that can
be re-activated by either party at any
time without negotiation.
Numbe Status
r
1A
Obsolete
1B
Retained as
LOA (but
revised)
5
Retained as
LOA
30
Obsolete
31
Incorporated
32
55
Retained as
LOA
Incorporated
58
Incorporated
61A
Incorporated
63
65
73
Archived *
Obsolete
Incorporated
Subject matter
Notice of Termination re LOA1
Extension of Employment
B:337
Proferring of pattern lines to RLHs B:339
Retraining to Pilot classification
Commencement of Sick Leave - See
clause 31.3.9
Emergency Basings
B:342
Relaxation of Flight Time
Limitations - See clauses 25.1
BKK/LHR/BKK Direct Flights - See
Schedule
1 (Attachment 1)
Flight Time Limitations & Related
Arrangements -See Schedule 1
(Attachment 1)
SYD/LAX/SYD Direct Flights
Long service leave at short notice
B767 - Variations to Flight Time
Limitations (See Schedule 1
45.
(Attachment 1)
74
75
Obsolete
Incorporated
76
Incorporated
78
Incorporated
80
81
Archived *
Archived *
82
84
87
Retained as
LOA
Archived *
Incorporated
91
Incorporated
92
incorporated
96
99
Incorporated
Obsolete
101
Archived *
102A
105
Retained as
LOA (with
variations
pursuant to
EBA5)
Incorporated
106
Incorporated
108
109A
Obsolete
Incorporated
114
Incorporated
115
Superseded
115A
Incorporated
116
Incorporated
Promotional Training Captains
Flying for Assistants to a Fleet
Manager - See clause 17.1
classification
First Officer Flying/F/O Simulator
Instructors - See clauses 17.1 and
17.5
AKL/LAX/AKL Direct Flights - See
Schedule
1 (Attachment 1)
Seniority - Ground Staff Transfers
Singapore Localised Lines - Second
Officer
Three Person Crewing - B747
B:344
Seniority - Ground Staff Transfers
FRA SIN Direct Flights - See Schedule
1 (Attachment 1)
Direct Flights - BKK/FRA/BKK - See
Schedule 1 (Attachment 1)
Direct Flights - BKK/FCO/BKK - See
Schedule 1 (Attachment 1)
Leave of absence without pay
B747 & B744 F/O Acquisition of line
experience on type prior to bidding
for B767 Command
Flight Engineers retraining as
pilots
Secondment of long haul pilots B:345
to
short
haul operations
Contact period
options - See
clause 27.18.1
& 27.18.2
Preferential bidding changes - See
clauses 27.4.2(e) and(f)
Pattern protection
Senior Check Captains - Rotation to
Line Duties -See clause 17.2.21.
Freeze
on
Letters
of
Preference
(Affecting Promotional
Training Courses) - See clauses
13.3, 13.4,13.5 & 13.6.
Election of Office Holders - See
clause 45
Release of AIPA members from Company
duties to attend to AIPA duties - See
clause 45
Training Second Officers - see
46.
118
120
Archived *
Archived
121
Obsolete
122
Incorporated
123
124
125
126
Obsolete
Archived *
Obsolete
Incorporated
127
Incorporated
128
129A
133
Incorporated
Retained as
LOA
Obsolete
Retained as
LOA
Incorporated
134
Incorporated
135
Retained as
LOA
136
Obsolete
137
138
Retained as
LOA
Incorporated
139
Obsolete
140A
140B
141
Obsolete
Obsolete
Incorporated
142
Incorporated
130
131
clause 17.6.
Hajj Charters
Employment of Fixed Term Flight
Engineer Officers
Patterns with value less than agreed
lower limit of the standard window of
hours
Conditions of home transport - Sec
clause 35
Trial B757 Command training program
Localised Lines - Shanghai
Extended Layover Patterns (FRA)
Rules
governing
Senior
Check
Captains
see clauses 17.2 and
24.
Training and/or Administration
Second Officers - see clauses 17.6
and 17.7.
AIPA Leave Bank - See clause 45
Long term sick leave
B:348
Command management training
Paired flying for promotional
B:350
training
Senior Check Flight Engineers Rotation to line duties - see clauses
17.2.
Rules governing Senior Check Flight
Engineers - see clauses 17.2 and 24.
Relative seniority for pilots and B:351
relative seniority for FEOs with the
same date of appointment with the
Company
Extended layover patterns for London
slips
Extended layover patterns
B:352
B767 duty period credit (domestic
operations) -Restricted application
of passive credit in unforseen
circumstances - see clause
27.15.5(b) & 27.15.6(b)
Company employment criteria
affecting TSO intake on 27.3.2000
By-pass (Special Provisions)
By-pass (Special Provisions)
B747
crew
rest
for
SYD/BKK/FCO/BKK/SYD
&
SYD/BKK/FRA/BKK/SYD - See Schedule 1
Bonds - See clause 12.11
47.
143
Incorporated
144
Incorporated
145A
NEW
146 A Incorporated
147
Archived *
148
149
150
Incorporated
Incorporated
Obsolete
151
Obsolete
151A
Obsolete
152
Obsolete
153
Incorporated
154
155
Retained as
LOA
Obsolete
156A
157
Archived
Archived
158
Incorporated
159
160
Incorporated
Obsolete
160A
161
162A
163
Archived
Archived
NEW
Obsolete
164
Obsolete
Reallocating DDFDs following award
of open time flying - See various
clauses 27.17.4(b)(iii),
27.17.4(c), 27.17.5(a), 27.17.5(b)
and 27.17.4(d)
Priority for allocating open time
flying - See clause 27.21.5
Ground training conditions at a
B:354
location away from a flight crew
member's base and/or place of
residence
B744 LAX/MEL planned single sector
operations -see clause Schedule 1
(Attachment 1)
Seniority - Adjustment to pilots'
seniority list
Carers' Lines
Salary Packaging - see clause 23.5
Temporary B767 First Officer
positions
positions
positions
Reduction of numbers on B747
requiring a variation to LOA114 for
bidding for B737 positions
B747 crew rest for SIN/FCO/SIN - See
Schedule 1
FEO Redundancy Agreement
B:358
Allocations resulting from B747
reduction in numbers
A330 Aircraft Pay and Conditions
Leave of Absence without pay to
accommodate term employment with
Australian Airlines limited
BLH Establishment Level - See clause
27.7.2
Localised Lines (Cairns)
15.15
B747 FEOs - Equitable Distribution
of Credited Hours
Equitable lines for B747 flight crew
Cadet Pilot Seniority
B767 Scheduling and pay arrangements B:367
Forward allocation of annual leave
for B747 flight crew in bid periods
229 and 230
Hotel Sofitel Melbourne cost offset
arrangements for retention as flight
crew hotel 2004-2009
48.
165
NEW
Leave of absence without pay (LWOP) B:374
to accommodate fixed term employment
with Jetstar Airlines Pry Limited
166
167
168
169
Reserved No.
NEW
Reserved No.
NEW
B744 Second Officer Singapore Basing B:379
Choice of Superannuation Fund
B:384
PART 13 - APPENDICES 1-6 (EBAs 1 to 6 inclusive)
Appendix 1 EBA1
B:386
Appendix 2 EBA2
B:392
Appendix 3 EBA3
B:413
Appendix 4 EBA4
B:429
Appendix 5 EBA5
B:447
Appendix 6 EBA6
B:468
Policy
4.
LOSS OF LICENCE INSURANCE POLICY
(Distributed for reference purposes only)
Terms and conditions
Tables of Capital Benefits
SAVINGS PROVISION
Nothing in this Employment Contract will, in any way, reduce the
benefits and entitlements which any flight crew member gained
prior to the operation of the 1996 Award as defined, except where
they have been the specific subject of negotiation and agreement
between the Company and the Association on behalf of all flight
crew members.
5.
INTERPRETATION
5.1
This Employment Contract has been revised using plain
English language and new numbering in order to:
5.1.1
generally simplify the wording of provisions;
5.1.2
consolidate the document by incorporating, where
possible, provisions contained in Letters of Agreement and the
49.
provisions contained in EBA1, EBA2, EBA3, EBA4, EBA5, EBA6 and
EBA7;
5.1.3
remove ambiguity;
5.1.4
remove obsolete provisions; and
5.1.5
improve clarity.
5.2
Where it becomes apparent that this revised document
does not reflect the intention of the parties or where inadvertent
errors or omissions are discovered, both parties agree to review
the relevant part or parts and to make any amendments considered
appropriate or necessary to properly reflect the original
intention of the parties (as demonstrated in the 1996 Award, EBA1,
EBA2, EBA3, EBA4, EBA5, EBA6 and EBA7), to reinstate any
inadvertently omitted provisions (including inadvertently
omitted LOAs) or to correct errors or inaccuracies.
5.3
Headings and explanatory notes are inserted for
convenience only and do not affect interpretation.
5.4
Where a word or phrase is defined, its other grammatical
forms have a corresponding meaning.
5.5
A reference to the Company or the Association in this
Agreement or any other agreement or document or attachment
includes the party's successors, substitutes or assigns.
5.6
A reference to any agreement or document or attachment
is to that agreement or document or attachment as amended, novated,
supplemented, varied or replaced from time to time by agreement
of the parties.
5.7 Reference to any legislation or any section or provision
thereof includes any statutory modification or re-enactment
thereof or any statutory provision substituted therefor and any
ordinances, by-laws, regulations or other statutory instruments
issued thereunder.
5.8 References to numbers in square brackets refer to 28 day bid
periods.
6.
ANTI-DISCRIMINATION PROVISION
6.1
It is the intention of the parties to this Employment
Contract to achieve the principal object in s.3(m) of the Act
through respecting and valuing the diversity of the work force
by helping to prevent and eliminate discrimination on the basis
of race, colour, sex, sexual preference, marital status, family
responsibilities, pregnancy, religion, political opinion,
natural extraction or social origin.
50.
6.2
Accordingly, in fulfilling their obligations under the
dispute settlement procedure clause, the parties must make every
endeavour to ensure that neither the provisions of this
Employment Contract nor their operation are directly or
indirectly discriminatory in their effects.
6.3
Nothing in this clause is to be taken to affect:
6.3.1.
any different treatment (or treatment having different
effects) which is specifically exempted under the Commonwealth
antidiscrimination legislation;
6.3.2.
an employee, employer or registered organisation
pursuing matters of discrimination in any State or Federal
jurisdiction, including by application to the Human Rights and
Equal Opportunity Commission; or
6.3.3.
7.
the exemptions in ss.659 (3) and (4) of the Act.
DEFINITIONS
Act means the Workplace Relations Act 1996.
active credit means credited hours which are used for pay and bid
period limitation purposes.
additional vacancy means a promotional and/or type transfer
vacancy that becomes available within a training block after
initial vacancies have already been advertised.
adoption leave means parental leave of the type provided for in
clause 30.4.
AFDP means additional flight duty payment.
agreed training period means a training period agreed between the
Company and the Association.
Aircrew Scheduling means the Company's Aircrew Scheduling
section responsible for the administration of scheduling
matters.
alternative duties means, in the context of the maternity leave
provisions, the duties referred to in clause 30.2.16.
anticipated flying means the total credited hours represented by
the sum of known flying and unknown flying.
appellant means a flight crew member who files a notice of appeal
to the Board of Appeal.
51.
applicable line hourly rates of pay means the line hourly rates
of pay specified in the tables in clause 23.2.
applicable percentage hourly rate(s) of pay means the rates of
pay pursuant to clause 24.1.1 applicable to flight crew members
holding administrative and/or check/training appointments.
assignable time available is a descriptor used in relation to a
flight crew member and means the flight crew member can be
assigned duties on a minute by minute offset basis and the flight
crew member cannot reject offset offers.
assignable time available flight crew member means, for the
purposes of pattern protection and the allocation of open time
flying, a pattern line holder whose projected credited hours for
the bid period are less than MGH. (For all other purposes,
assignable time available flight crew member means a pattern line
holder whose projected credited hours for the bid period are less
than 132 hours.)
assigned means an allocation to a flight crew member for which
the flight crew member has not bid.
Aviation Regulatory Authority means the Civil Aviation Safety
Authority or its successor.
Available Day means a designated calendar day commencing at
midnight local time at a flight crew member's base station which
is treated by the Company and a pattern line holder (who is not
an assignable time available flight crew member or pattern
protected) as a duty free period (subject to the contactability
requirements in clause 27.18) unless the flight crew member is
allocated a specific duty on the Available Day.
awarded means an allocation to a flight crew member as a result
of the flight crew member's bid.
base station means any place at which flight crew members are
based.
bid line means a schedule arrangement of work and/or designated
duty free days for a bid period which is allocated to a flight
crew member.
Bid Line Construction Agreement means the agreement appended to
this Agreement in Schedule 1 which sets out the methods and
procedures agreed between the Company and the Association to be
followed in the construction and allocation of bid lines.
bid line flight crew member means a flight crew member who is
eligible to bid for bid lines.
52.
bid period means a 56 day period designated by the Company.
blank line means a bid line containing scheduled periods of
availability for duty and designated duty free days.
blank line holder ("BLH") means a flight crew member who is
allocated a blank line.
carer's line means a bid line allocated to a crew member who meets
the criteria of a carer as set out in clause 27.4.2 (j).
category means a flight crew member's status on an aircraft type.
child means, in the context of the parental leave provisions, a
child of the flight crew member or the flight crew member's spouse
under the age of one year except for adoption of a child where
child means a person under the age of 5 years who is placed with
the flight crew member for the purposes of adoption, other than
a child or step-child of the flight crew member or of the flight
crew member's spouse or a child who has previously lived
continuously with the flight crew member for a period of six
months or more.
Christmas period means the 2 days before Christmas and the period
from Christmas Day to New Year's Day inclusive (i.e. 23 December
to 1 January inclusive).
Commission means the Australian Industrial Relations Commission
or any successor organisation.
Company manuals means Company manuals including publications
such as the Flight Administration Manual, Flight Standing Orders
and Notices to Flight Staff and other relevant documents
pertaining to a flight crew member's employment provided they are
consistent with this Agreement.
conditional bid means a flight crew member's bid for a vacancy
that is subject to certain conditions that the flight crew member
requires to be met before his or her bid for a vacancy can be
actioned by the Company.
contained pattern line means a pattern line built in such a way
as to provide that all the patterns are contained within the bid
period and do not overlap on the immediately following bid period.
credited flight hours means the credits accrued under clause
27.15.3.
credited hours means hours accrued in accordance with clause
27.15 but excludes additional flight duty payments (clause 25.1)
53.
de facto means the same/opposite sex partner of flight crew member
with whom the flight crew member lives on a bona fide domestic
basis.
deadheading means travelling on an aircraft otherwise than as an
operating member of a crew for the purpose of positioning for duty
or returning to their base station after completion of duty.
designated duty free day ("DDFD") means a designated calendar day
commencing at midnight local time at the flight crew member's base
station during which the flight crew member is not performing
functions assigned by the Company or is not under the control or
direction of the Company and is not required to be available for
contact or to advise the Company of his or her whereabouts.
Divisor
•
bid period divisor means a number between 160 and 175
determined by the Company after consultation with the
Association, which determines the number of pattern lines to
be constructed for each category at a base station (except as
otherwise provided for in clause 27.4.2(b)(i)) and is used as
a reference point for various provisions in this Agreement.
•
personal divisor means the published line value when a flight
crew member bids for and is allocated a pattern line outside
the standard parameters (i.e. a bid qualified by 'NS', 'max'
or 'min' or a combination of any of those).
•
planning divisor means the figure which is agreed between the
Company and the Association to plan establishment.
downline disruption means a change or changes to a pattern that
occur after the flight crew member reports for duty at their base
station.
duty free period ("DFP") means a period of time at the flight crew
member's base station during which the flight crew member is not
performing functions assigned by the Company or is not under the
control or direction of the Company and is not required to be
available for contact or to advise the Company of his or her
whereabouts. A duty free period is measured from the time a flight
crew member is released from duty until the flight crew member
is again on duty.
early closure of open time flying means the process used to
allocate a pattern of open time flying prior to normal closure
and which has been advertised for at least 5 calendar days.
54.
Element 1A means a component of pay which is paid to a flight crew
member on a fixed roster to compensate for the loss of ability
to earn additional flight duty payments.
Element 1B is referred to as "creep" and means a component of pay
which is paid to a flight crew member on a fixed roster to
compensate for the loss of ability to bid for open time and
generally accrue additional credited hours and bid period divisor
variations.
Element 2 means a component of pay which is paid to a flight crew
member on a fixed roster in lieu of being paid personal training
credits.
Element 5 means a component of pay which is paid to a flight crew
member on a fixed roster to partially compensate for loss of
ability to accrue ODTA & ADTA.
ETAC means elapsed time away credits calculated pursuant to
clause 27.15.6.
FEO means a Flight Engineer Officer.
FEO Assessment Committee means a committee comprising 3 members
nominated by the Company and 3 members (who are Senior Check FEOs
employed by the Company) nominated by the Association, where the
chairperson of the committee alternates between committee
members representing the Company and committee members
representing the Association.
fixed roster line means a roster or part roster allocated to a
projected pattern line holder prior to the opening of bids for
the purpose of training or checking. A flight crew member will
be considered to be on a fixed roster line only for that part of
his or her roster that is pre-allocated.
flight crew member means a pilot or FEO employed by the Company.
Flight Operations means the Flight Operations Division of the
Company.
full pattern line means a bid line which contains patterns, the
credited hours of which total not less than the MGH.
HOFO means the Head of Flight Operations and HOFO (and includes
a person occupying an equivalent position with the Company if,
for any reason, the title of the position is replaced with another
title) or his or her appointed deputy. For the purpose of the
grievance procedures, a reference to the HOFO includes any
senior management flight crew member nominated by the HOFO.
immediate family or household means:
55.
•
The current or former spouse or defacto partner who
lives/lived with the flight crew member on a bona fide
domestic basis;
•
Parent/parent-in-law including
step/adoptive/foster-parent of the flight crew member,
current or former spouse or de facto partner;
•
Grandparent including step/adoptive/foster-grandparent of
the flight crew member, current or former spouse or de facto
partner;
•
Sibling/sibling-in-law including
half/step/adoptive/foster siblings of the flight crew
member, current or former spouse or de facto partner;
•
A child, adult child, adopted or fostered child, a step child,
grandchild, step-grandchild, adopted or fostered
grandchild or any other child or grandchild the flight crew
member has the legal responsibility for. Legal
responsibility means any child or step-child of the crew
member;
(i)
of whom the crew member is guardian, or
(ii)
for whom the crew member has parental responsibility
under a law of the Commonwealth or this State, or
(iii)
in relation to whom the crew member is an authorised
carer within the meaning of the Children and Young
Persons (Care and Protection) Act 1998.
initial vacancy means a promotional and/or type transfer vacancy
advertised by the Company for a category that is anticipated to
become available during a training block.
known flying means all flying of which the date of departure and
date of return is known and for which a pattern can be constructed.
late closure of open time flying means open time flying that
becomes known after closing time on the normal closure day of open
time flying.
local night means a period of twelve consecutive hours, eight
hours of which fall between 2200 and 0800 local time.
Loss of Licence Insurance Plan means the loss of licence insurance
plan maintained by the Company to cover a flight crew member who
loses his or her licence on medical grounds. A copy of the
56.
insurance contract is distributed with this Agreement for
reference purposes only.
low pattern line holder ("low PLH") means a flight crew member
who after the TCAM process, is allocated a manually built pattern
line (pursuant to clause 27.4.2(b)(iii)) containing projected
credited hours with a value of at least 120 hours but less than
the agreed lower limit of the standard window. Once the flight
crew member achieves hours equal to or greater than the lower
limit of the standard window, he or she will not be treated as
a low pattern line holder.
maternity leave means leave of the type provided for in clause
30.2.
minimum base turnaround time ("MBTT") means a period of time
immediately following the completion of a pattern at the flight
crew member's base station during which the flight crew member
is not required to perform functions allocated by the Company
and/or is not under the control or direction of the Company.
minimum daily credit ("MDC") means the minimum value of credited
hours per calendar day for all duties (and, with respect to ground
duties, includes but is not limited to, all personal training
duties, EPs, standbys and simulator support sessions) having
application pursuant to clause 27.15.6 (MDC and Elapsed time away
credits ("ETAC")) and clauses 2.3 and 3 of Section C of this
Agreement.
minimum guaranteed hours ("MGH") means 160[80] credited hours
for each 56[28] day bid period (subject to any increase in the
maximum divisor pursuant to clause 27.4.2(b)(i) except that:
(a)MGH will not apply to a flight crew member accessing a Carer’s
Line under sub-clause B.27.4.2(j), and
(b)MGH for a flexi-line holder will be as set out in
B.27.4.2(i)(10)”,
minimum pattern gap means, for bid line allocation purposes, the
gap between patterns which is one day for each 2 days away in a
pattern, with a minimum value of 1 day.
most junior contactable flight crew member means the flight crew
member who, when contacted by the Company, is assessed as being
the most junior flight crew member on the day a standby or
simulator support duty is to be performed.
normal closure of open time flying means 0800 LST two (2) calendar
days before the departure day of a pattern of open time flying,
at which time the process commences for allocating the pattern.
57.
open time flying means known flying that is not contained in a
pattern line or any flying in a flight crew member's pattern line
for which the flight crew member holding such pattern line is not
available or is ineligible to fly, and the flying will be listed
as soon as Aircrew Scheduling becomes aware that it is open time
flying.
Open Time Allocation Agreement means the agreement appended to
this Agreement in Schedule 2 which sets out the method of
allocating open time flying agreed between the Company and the
Association.
medical certificate means a certificate signed by a registered
medical practitioner.
parental leave means maternity, paternity or adoption leave.
passive credit means credited hours used for pay purposes only.
paternity leave means parental leave of type provided for in
clause 30.3.
pattern means the planned itinerary of a trip.
pattern line means a bid line which contains patterns.
pattern line holder ("PLH") means a flight crew member who is
allocated a pattern line.
pattern protection means a pattern line holder to whom a pattern
has been allocated by the Company and who is qualified in all
respects to fly the pattern, but who loses time from the pattern
through no fault of his or her own, will receive projected
credited hours for the scheduled pattern in accordance with
clause 27.16. Pattern protection can be further defined into the
following sub-categories:
•
•
•
•
calendar date limited, i.e. where, with respect to the
pattern that created the pattern protected occasion, the
obligation to offset pattern protected hours is restricted
to the period between 0001 local time on the first calendar
day of the original pattern up to 2359 local time on the last
calendar day of the original pattern;
date limited, i.e. where the obligation to offset pattern
protected hours is restricted to the period between sign-on
and sign-off with respect to the pattern that created the
pattern protected occasion;
fixed, i.e. pattern protected hours do not have to be offset;
multi-offsettable, i.e. where the Company has multiple
opportunities to require a flight crew member to offset
58.
pattern protection until all the pattern protected hours are
offset;
•
off-settable, i.e where the Company may assign up to two
patterns or duties per pattern protected occasion. The
Company has from the time they inform a flight crew member
that he or she is pattern protected until either;
(a) the end of the flight crew member’s bid period(or in
the case of personal illness, 28 days after reporting fit,
whichever occurs later), or
(b)
the pattern protection obligation ceases,
whichever occurs first, to assign the patterns or duties.
personal illness means illness or injury of a flight crew member
but does not include illness or injury resulting from negligence
or misconduct of the flight crew member, or illness or injury
arising out of or in the course of employment which is compensable
under workers' compensation legislation or the Company's
personal accident insurance scheme.
Pilot Assessment Committee means a committee comprising 3 members
nominated by the Company and 3 members (who are Senior Check
Captains or Check and Training Captains employed by the Company)
nominated by the Association, where the chairperson of the
committee alternates between committee members representing the
Company and committee members representing the Association.
primary caregiver means
(i)
having the responsibility for the care of an immediate
family or household member who is sick, injured or
disabled; or
(ii) having the responsibility for providing care to a
child under school age; or
(iii) having the responsibility for care of a child under
the age of 18 years of age as a sole parent, a sole
guardian or a parent with custody on certain days;
where another person is not also providing care for the same
person..
proffer line is a general term for the process more fully
described in clauses 26.9, 27.22.1 and 27.22.2(p).
projected credited hours means the number of credited hours a
flight crew member is projected to accrue during the bid period.
59.
promulgate means to make known to flight crew members in writing
via the Company's Notices to Flight Staff publication which, in
addition to being circulated in the normal manner, will be:
•
•
•
•
•
sent to each flight crew member (if requested) when on
approved annual leave, long service leave or leave without
pay;
sent to each base station;
posted on the notice board in the Sydney crew room;
sent to the Association's office; and
transmitted by other agreed electronic means.
relative adoption (in the context of the parental leave
provisions) occurs where a child, as defined, is adopted by a
grandparent, brother, sister, aunt or uncle (whether of whole
blood or half blood or by marriage).
reserve line means a bid line containing only scheduled periods
of availability for duty and designated duty free days.
reserve line holder ("RLH") means a flight crew member who either
completes transitional training, or changes base stations,
before the end of a bid period or is not sufficiently senior to
be allocated a pattern line or a blank line after the application
of clause 27.4.2(b)(i) and 27.7.2.
residual vacancy means a vacancy resulting from the vacation of
a position by a flight crew member who has been allocated an
initial or additional vacancy.
Scheduling Committee means a committee established under clause
27.2 comprising 3 representatives of the Company's flight
operations division (one of whom will act as chairperson) and 3
representatives (who are also flight crew members) of the
Association.
short pattern line holder ("short PLH") means a PLH who has not
bid to lower the value of his or her pattern line and during the
TCAM process, is allocated a pattern line containing projected
credited hours with a value less than the lower limit of the
standard window. Once the PLH achieves hours equal to or greater
than the lower limit of the standard window, he or she will not
be treated as a short pattern line holder.
special leave is referred to in clauses 26.15 and 27.22.2(h)(ii)
and means any leave allocated to a flight crew member that is not
annual, long service, sick, parental, bereavement or defence
force leave or leave for jury duty.
60.
spouse means the husband or wife of a flight crew member or the
other party to a de facto relationship with a flight crew member
and includes a former spouse.
STACR means Standard Technical Aircrew Reimbursement paid
pursuant to clause 33.6.
standard window means the standard window of hours ranging from
a lower value to a higher value referenced to the actual divisor
for the category which is used for the purpose of building pattern
lines.
sufficiently qualified means a flight crew member has achieved
and maintained the standards and experience required by the
Aviation Regulatory Authority plus any special requirements set
by the Company.
superannuation plan means the Qantas Superannuation Plan
relevant to a flight crew member's employment with the Company.
supervisory flight crew members means those flight crew members
who are classified by the Company within its administrative and
training divisions as set out in Part 5.
TCAM means the technical crew allocation module, the computerised
process used to allocate patterns to flight crew members or any
system that replaces it (eg Carmen).
time available flight crew member means a pattern line holder
whose projected credited hours for the bid period are less than
the credited hours in the flight crew member's original pattern
line but are not less than 132 hours.
training block means a period of twelve months commencing on 1
July each year during which all initial promotional and/or type
transfer vacancies are planned to be advertised and allocated in
one group.
transitional training means training undertaken by a flight crew
member for a category change.
transitional training period means a period during which a flight
crew member is undertaking training for a category change.
TSO means a Trainee Second Officer.
uniform means a uniform (or any part of it) prescribed by the
Company to be worn by flight crew members whilst on duty as and
when required by the Company and includes a tunic, trousers,
overcoat, cap and sundry uniform insignia (and, where also
prescribed, a raincoat or shirt of a particular type or colour).
61.
unknown flying means any flying of which the date of departure
and date of return is not known, and for which a pattern cannot
be constructed.
URTI means upper respiratory tract infection.
withhold from service means withholding a flight crew member from
duty with written advice to the flight crew member specifying who,
on behalf of the Company, has authorised the withholding, the
reason/s for the withholding and the effective date and time of
the withholding.
62.
PART 2 - EXCLUSIONS AND SPECIAL CONDITIONS
8.
EXCLUSIONS AND SPECIAL CONDITIONS
8.1
Special circumstances governing Company's use of flight
crew members
Despite anything else in this Employment Contract, when special
circumstances exist the Company may, with the agreement of the
Association, utilise a flight crew member at such times and under
such conditions as the special circumstances require.
8.2
Exception for supervisory flight crew members
The provisions of this Employment Contract apply to supervisory
flight crew members, except where they are inconsistent with the
terms of a separate current or future arrangement covering them.
63.
PART 3 - GRIEVANCE & DISCIPLINARY PROCEDURES, DISPUTE RESOLUTION
& CONSULTATION FOR ENTERPRISE FLEXIBILITY
9.1.
COMMON PROVISIONS
9.1.1 Excluded matters
Despite anything else in this Agreement, the following matters
are excluded from these procedures:
(a)
matters relating to operational safety;
(b)
a flight crew member’s operating proficiency;
(c)
Company piloting standards generally;
(d)
negotiation of a new Agreement, variation to this Agreement
or any existing agreement between the Company and flight
crew members;
(e)
negotiation or variation of any conditions or benefits
regardless of whether or not they are specified in this
Agreement;
(f)
superannuation plan benefits or privileges that apply to all
employees of the Company;
(g)
relief sought in relation to unfair dismissals (including
summary dismissal); or
(h)
disciplinary action (including termination of employment)
taken against cadet pilots whilst on LWOP or flight crew
members on probation.
9.1.2
Representation and support
(a)
Before commencement of any disciplinary procedure, a flight
crew member must be informed of his/her rights to
representation.
(b)
A flight crew member may be represented/supported by a
person(s) of choice during any or all stages of any aircraft
accident/ incident investigation, dispute resolution,
grievance and/or disciplinary procedure.
9.1.3 Board of Appeal
Note:
For the purpose of this clause 9.1.3, “party” means the
Company and flight crew member(s) covered by this Agreement.
9.1.3.1 Scope
(a)
A Board of Appeal will be established to determine any appeal
referred to under clause 9.3.5 or 9.4.4 that is within the
scope of these procedures and will not:
64.
(i) adjudicate on matters that, in the opinion of the Board,
are outside the scope of these grievance and/or
disciplinary procedures; or
(ii) unless agreed by the parties, make general
determinations of the meaning of any provisions of this
Agreement.
(b)
The Board of Appeal will decide all matters concerning the
procedure to be adopted in hearing the appeal.
9.1.3.2 How the Board is constituted
(a)
The Board of Appeal will consist of a Chairperson appointed
from a panel of independent persons agreed between the
Company and Association.
(b)
The Association and the Company reserve the right to appoint
one (1) representative each to advise the Chairperson on the
matter under consideration.
(c)
The Company will appoint a Company representative to act as
Secretary to the Board.
(d)
Each member of the Board of Appeal who is a flight crew member
will discharge his/her duty in good faith and in an
independent manner without fear that relations with the
Company or the Association or with other flight crew members
may be affected in any way as a result of, or in connection
with, hearing any appeal.
9.1.3.3 Hearing and decision
(a)
A notice of appeal in accordance with clauses 9.3.4 or 9.4.3
must:
(i)
be in writing;
(ii) state the grounds of appeal;
(iii) be signed by the flight crew member personally; and
(iv) be forwarded to the Secretary.
(b)
The Secretary will arrange for the services of a Chairperson
within seven (7) days after receiving the notice of appeal.
(c)
Unless agreed otherwise, the Board of Appeal will commence
hearing the appeal as soon as possible in Sydney at a time
and a place fixed by the Chairperson.
(d)
The parties at the hearing may be represented by a
representative of their own choice and may call and
cross-examine any witnesses they desire.
(e)
The Board of Appeal will determine the appeal and advise the
appellant and the Company of the decision in writing within
fourteen (14) days after completion of hearing the appeal.
65.
(f)
The determination of the Board of Appeal will be binding on
the appellant, the Company and its flight crew members.
9.1.3.4 Hearing expenses
(a)
Chairperson’s expenses
The expenses of (or charges for) the Chairperson will be
borne equally by the Company and the appellant (or the
Association if approved by its Committee of Management).
(b)
Board’s expenses
The Board of Appeal has authority to incur such expenses as
it deems necessary for the proper determination of an appeal
referred to it and those expenses will be borne equally by
the Company and the appellant (or the Association if
approved by its Committee of Management).
(c)
Witnesses’ and representatives’ expenses
Each party to the appeal will bear the cost of expenses
(including salary) of a witness/representative called by
that party who is an employee of the Company for the total
period of any release from duty, in order to enable that
person to participate in the hearing.
(d)
Air travel
So far as space is available, the Chairperson, a
representative of an appellant or a witness will receive
free air travel on the Company’s services for the purposes
of attending meetings of the Board of Appeal.
9.2.
DISPUTE RESOLUTION
9.2.1
Scope
This clause applies where any dispute arises over the application
of this Agreement.
9.2.2
Dispute settlement procedure
Note:
For the purpose of this clause 9.2.2, “party” means the
Company and flight crew member (s) covered by this Agreement.
It is important that flight crew members and the Company commit
to resolving any disputes that may arise, however if such a
dispute arises the following procedure must be followed:
(a)
The matter will first be discussed by the affected flight
crew member (s) and Fleet Manager.
(b)
If not resolved, the matter will be discussed by the affected
flight crew member (s) and the Chief Pilot (or delegate).
66.
(c)
Should an issue remain unresolved, it may be referred by
either party to the Australian Industrial Relations
Commission to resolve through private conciliation and/or
arbitration.
(d)
Subject to the provisions of this clause, the parties to the
dispute will accept the outcome of any arbitration.
(e)
If a dispute is referred to the Commission for resolution,
the Commission can take any or all of the following actions
as it considers appropriate to resolve the dispute:
(i)
convene conciliation conferences of the parties or
their representatives at which the Commission is
present;
(ii) require the parties or their representatives to confer
among themselves at conferences at which the
Commission is not present;
(iii) request, but
proceedings;
not
compel,
a
person
to
attend
(iv) request, but not compel, a person to produce documents;
(v)
where either party requests, conciliate or make
recommendations about particular aspects of a matter
about which they are unable to reach agreement;
(vi) where the matter(s) in dispute cannot be resolved
(including by conciliation) and one party or both
request, arbitrate or otherwise determine the matter(s)
in dispute.
(f)
The Commission must follow due process and allow each party
a fair and adequate opportunity to present their case.
(g)
Any determination by the Commission under sub-paragraph
(e)(vi) must be in writing if either party so requests, and
must give reasons for the determination.
(h)
Any
determination
made
by
the
Commission
under
sub-paragraph (e)(vi) must not require a party to act in
contravention of an applicable industrial instrument or law.
Where relevant, and circumstances warrant, the Commission
will consider previous decisions of the Commission.
(i)
The Commission must not issue interim orders, “status quo”
orders or interim determinations.
(j)
A flight crew member may request to have a representative
of their choice, which may include a representative from the
Association (or a representative of a Registered Industrial
Organisation of which they are a member), represent them at
any stage of this dispute settlement procedure. Any such
representative nominated by the flight crew member pursuant
67.
to this dispute resolution procedure will be allowed access
to the flight crew member on Company premises, or such other
place as may be agreed to between the Company and the flight
crew member, so that relevant information and instructions
can be obtained.
(k)
While the parties attempt to resolve a dispute flight crew
members must continue to work as normal in accordance with
this Agreement and the flight crew member’s contract of
employment unless a flight crew member has a reasonable
concern about imminent risk to safety or health.
(l)
No party will be prejudiced as to the final settlement by
the continuance of work in accordance with this clause
9.2.2.
(m)
Where a bona fide safety issue is involved, the Company and
the appropriate safety authority must be notified
concurrently or at least a bona fide attempt made to so
notify the authority.
9.3. GRIEVANCE PROCEDURES
9.3.1 Scope
(a)
Only a flight crew member who is actually affected (or is
likely to be affected) in respect of a matter within the
scope of this clause 9.3 will be entitled to access the
grievance procedures for non-disciplinary matters. For the
purpose of this clause, flight crew member includes a group
of flight crew member s.
(b)
These procedures apply to any grievance (non-disciplinary
matter) arising out of this Agreement, not being a dispute
within the scope of clause 9.2 where a flight crew member
who is affected (or is likely to be affected) considers that:
(i)an amendment to Company manuals, flight standing orders,
notices to flight staff or other relevant documents
pertaining to the flight crew member’s employment
prejudicially affects the flight crew member’s benefit,
right or privilege under this Agreement; or
(ii) the Company has altered or introduced a practice that
results in any benefit, right, privilege, custom or
practice not provided for or referred to in this
Agreement being prejudicially affected.
(c)
9.3.2
The flight crew member (s) may notify the Company in writing
of his/her objection to the amendment, alteration or new
practice and if the objection falls within the scope of these
procedures, it will be deemed to be a grievance and will be
dealt with in accordance with this clause.
68.
(a) A flight crew member may grieve the Company’s action either
verbally, or if requested in writing, to his/her Fleet
Manager setting out the grounds upon which the complaint is
based.
(b) Complaints must be advised within 60 days of the Company’s
action which the flight crew member wishes to grieve having
come to his/her notice.
(c) During the period that the objection is under review, the
flight crew member will comply with the disputed amendment,
alteration or new practice unless he/she genuinely believes
that such compliance would be contrary to the provisions of
any statute, order or regulation or would endanger the safety
or persons or property.
9.3.3 Decision
The Fleet Manager will advise the flight crew member of his/her
decision and reasons in writing either:
(a)
within 30 days of receiving the complaint if no further
discussion is required; or
(b)
within a further fourteen (14) days following such
discussions.
9.3.4
Appeal
(a) The flight crew member may appeal the decision in writing to
the Chief Pilot within 30 days of receiving the written
decision stating the grounds for appeal.
(b) The Chief Pilot (or designate) will commence hearing the
appeal within 30 days.
(c) At the hearing of the appeal each party may call witnesses
to give evidence and cross-examine the other party’s
witnesses.
(d)Within fourteen (14) days after the completion of the hearing,
the flight crew member will be given written notice of the
decision on the appeal specifying the reasons for the
decision.
(e) Any decision made by the Company to which these procedures
apply which is not appealed by a flight crew member within
the time-frame prescribed for an appeal will become final and
binding except that an appeal out of time will be accepted
where it can be shown that special circumstances exist or new
evidence is available.
9.3.5
Adjudication
If the flight crew member is not satisfied with the Company’s
decision he/she may within seven (7) days of receiving the
decision in writing appeal the matter to a Board of Appeal.
69.
9.3.6
Precedent
A determination that decides the rights and obligations in any
respect of an individual flight crew member will also determine
the rights and obligations of all other flight crew members in
identical circumstances.
9.4.
DISCIPLINARY PROCEDURES
9.4.1
(a) The Company may make all preliminary inquiries it considers
necessary relating to any situation or incident in which a
flight crew member may be involved.
(b) The Company may require the flight crew member’s written
response about the situation or incident in which case, the
flight crew member will be given a reasonable time in which
to seek advice and assistance in relation to providing a
response.
(c) When an allegation is being investigated, the flight crew
member (and the Association, if he/she has requested
assistance) will be given an opportunity to review all
relevant information (including reports, records of
interview and statements) and make notes before being
required to attend an interview. Unless the Company has
grounds (having regard to any sensitivity attaching to the
information) to refuse a request to provide a copy of any
relevant information to the flight crew member, copies of the
relevant information will be provided to the flight crew
member (and the Association, where the matter has been
referred to it for advice or assistance).
(d) Pending completion of its inquiries and any appeal in
accordance with clause 9.4.3, the flight crew member may be
withheld from service but in that event:
(i)
the flight crew member will continue to receive pay and
be subject to the provisions of this Agreement; and
(ii) the Company will give written notice and reasons if the
flight crew member is withheld from service.
(e) The Company may conduct any investigations it considers
necessary in order to decide whether any disciplinary action
affecting the flight crew member should be taken.
9.4.2 Decision
9.4.2.1 Time-frame
70.
If after completing its investigations the Company decides that
disciplinary action should be taken, the Company will provide the
flight crew member with a written copy of its findings and
decisions within seven (7) days specifying any proposed
disciplinary action.
9.4.2.2 No case to answer
Where the Company’s investigation concludes that a flight crew
member has no case to answer, this must be recorded in clear and
unequivocal terms and placed on the flight crew member’s personal
file if requested or if any record of complaint or allegation is
placed on the flight crew member’s personal file.
9.4.2.3 Flight crew member exonerated
If a flight crew member is exonerated following hearing or appeal
of a disciplinary matter:
(a)
the flight crew member will, if he/she has been suspended
or withheld from service, be reinstated without loss of
seniority and will be paid the amount the flight crew member
would have ordinarily earned had he/she continued in service
during the period of being suspended or withheld from
service; and
(b)
no reference to the matter will be placed on the flight crew
member’s personal file.
9.4.2.4 Demotion
If, as a result of any hearing or appeal, a flight crew member
is retained in employment and a penalty of demotion is confirmed,
the demotion will be effective from the date from which he/she
was advised such action was proposed.
9.4.2.5 Effective date for implementation of decision
If a decision against a flight crew member is not appealed, or
if on appeal a decision is not upheld or varied, any proposed
disciplinary action will be effective from the
originally-proposed date.
9.4.3 Appeal
9.4.3.1 Time-frame
(a) Only the flight crew member who is affected may appeal the
decision to the Chief Pilot within seven (7) days of receiving
the written decision stating the grounds for appeal.
(b) The Chief Pilot (or delegate) will commence hearing the appeal
within fourteen (14) days.
71.
(c) At the hearing of the appeal each party may call witnesses
to give evidence and cross-examine the other party’s
witnesses.
(d) Within seven (7) days after the completion of the hearing,
the flight crew member will be given written notice of the
decision on the appeal specifying the reasons for the
decision.
9.4.3.2 No disciplinary action pending appeal decision
Where an appeal is filed no disciplinary action will be taken
against the flight crew member until the appeal is concluded
except where the flight crew member is summarily dismissed in
accordance with clause 12.7.3.
9.4.3.3 Failure to appeal within prescribed time frame
Any decision made by the Company to which these procedures apply
which is not appealed by a flight crew member within the
time-frame prescribed for an appeal will become final and binding
except that an appeal out of time will be accepted where it can
be shown that special circumstances exist or new evidence is
available.
9.4.4 Adjudication
If the flight crew member is not satisfied with the Company’s
decision he/she may within seven (7) days of receiving the
decision in writing appeal the matter to a Board of Appeal
provided that, if the Company’s decision is to dismiss the flight
crew member, the flight crew member may exercise his/her rights
under the Act and will not have access to the Board of Appeal.
9.4.5 Records of interview
A copy of any record of interview prepared by the Company will
be provided to the flight crew member (and the Association if the
flight crew member has referred the matter to the Association for
assistance).
9.4.6 Personal file
(a) If the Company intends to place the complaint on the flight
crew member’s personal file, the Company must provide a copy
of the complaint and all relevant material relating to the
complaint to the flight crew member.
(b) The flight crew member must be given an opportunity to respond
to the complaint which will be kept with and read in
conjunction with the complaint.
(c) A flight crew member (and Association representative with the
written consent of the flight crew member) may inspect a
72.
flight crew member’s employment record, personal and/or
training files during normal office hours.
10.
11.
(INTENTIONALLY LEFT BLANK)
CONSULTATION & ENTERPRISE FLEXIBILITY
11.1
A consultative mechanism (comprising representatives of
the Company and the Association) and procedures appropriate to
the size, structure and needs of the Company and Flight Operations,
will be established.
11.2
The purpose of the consultative mechanisms and procedures
is to facilitate the efficient operation of the enterprise
according to its particular needs.
11.3
Where agreement is reached between the Company and the
Association through such consultative mechanisms and procedures,
and where giving effect to such agreement requires this
Employment Contract to be varied, an application to vary may be
made to the Commission in accordance with Part 8 Division 8 of
the Act. The Employment Contract as varied will be made available
in writing to all flight crew members.
11.4
When this Employment Contract is varied to give effect
to an agreement made pursuant to this section, the variation will
take precedence over any provision of this Employment Contract
to the extent of any expressly identified inconsistency.
11.5
The agreement must meet the following requirements to
enable the Commission to vary this Employment Contract to give
effect to it:
11.5.1
that the majority of flight crew members covered by
the agreement genuinely agree to it; and
11.5.2
that the Commission would be required to certify the
agreement as varied if it were a new agreement whose certification
was applied for under part VIB of the Act.
11A. INTRODUCTION OF CHANGE
11A.1 Company's Duty to Notify
11A.1.1 Where the Company has made a definite decision to
introduce major changes in production, program, organisation,
structure or technology that are likely to have significant
effects on flight crew members, the Company shall notify the
flight crew members who may be affected by the proposed changes
and the Association.
11A.1.2 "Significant Effect" include termination of employment,
major changes in the composition, operation or size of the
73.
Company’s workforce or in the skills required; the elimination
or diminution of job opportunities, promotion opportunities, or
job tenure; the alteration of hours of work; the need for
retraining or transfer of employees to other work or locations
and restructuring of jobs. Provided that where this Agreement
makes provision for alteration of any of the matters referred to
herein an alteration shall be deemed not to have significant
effects.
11A.2 Company’s Duty to Discuss Change
11A.2.1 The Company shall discuss with the flight crew members
affected and the Association, inter alia, the introduction of the
changes referred to in this clause, the effects the changes are
likely to have on flight crew members, measures to avert or
mitigate the adverse effects of such changes on flight crew
members and shall give prompt consideration to matters raised by
the employees and/or the Association in relation to the changes.
11A.2.2 The discussions shall commence as early as practicable
after a firm decision has been made by the Company to make the
changes referred to in this clause.
11A.2.3 For the purpose of such discussion, the Company shall
provide to the flight crew members concerned and the Association,
all relevant information about the changes including the nature
of the changes proposed; the expected effects of the changes on
flight crew members and any other matters likely to affect flight
crew members provided that the Company shall not be required to
disclose confidential information the disclosure of which would
be inimical to the Company’s interests.
11B. Flexibility provision
In circumstances where the Company and the Association agree to
adjust the flight and duty limitations (including agreed
variations) or introduce a fatigue risk management system, the
adjusted limitations will take precedence over the limitations
set out in the Agreement until either replaced or repealed by a
request from either party. The adjusted limitations will be
promulgated to all flight crew members at least 28 days prior to
the bid period in which they will become operative. Any agreed
changes to flight and duty limitations will be constrained by the
applicable flight and duty limitations prescribed by the Aviation
Regulatory Authority.
74.
PART 4 - EMPLOYER'S AND EMPLOYEES' DUTIES, EMPLOYMENT
RELATIONSHIP AND RELATED ARRANGEMENTS
12.
CONTRACT OF EMPLOYMENT
12.1
Flight crew members to carry out Company orders or
instructions
A flight crew member will:
12.1.1
carry out all Company orders or instructions which
are not inconsistent with this Agreement; and
12.1.2
observe instructions and requirements contained in
Company manuals.
12.2
Exclusive service
Unless the Company gives its written consent, a flight crew member
will not, during the period of employment, fly an aircraft except
in the service of the Company. Any personal flying that a flight
crew member is permitted by the Company to carry out in his or
her own time must not prejudice the flight crew member's
availability to the Company.
12.3
Work organisation
12.3.1
The Company may establish, discontinue or re-establish
base stations anywhere within its network, including the
continental limits of Australia and overseas.
12.3.2
The Company may employ its flight crew members, and
the flight crew members will serve the Company, in any part of
the world where the Company may from time to time be operating.
12.4
12.4.1
Orders to flight crew members
Orders to flight crew members to be in writing
All orders to flight crew members regarding positions, allocation
to aircraft type, promotion, demotion and leave of absence will
be given or confirmed by the Company in writing.
12.4.2
Parties may review how orders are to be given
During the currency of this Agreement, either the Company or the
Association may request the other party to review how orders are
to be given or confirmed by the Company.
75.
12.5
Probationary Periods
12.5.1
A pilot will be on probation for the period from the
date of appointment with the Company until twelve months from the
date of the pilot's status as a line second officer, or the
completion of the fourth cyclic training session, whichever is
the later.
12.5.2
A FEO will be on probation for a period of twelve months
from the date of appointment with the Company or, at the Company's
discretion, until the completion of the FEO's first cyclic
training session, whichever is the later.
12.5.3
Probation may be extended by any period of absence
through the personal illness of the flight crew member or by any
period of LWOP.
12.6
Stand-Down Provisions
The Company may deduct payments from the pay of an Australian
based flight crew member for any day the flight crew member cannot
be usefully employed because of any strike, stoppage or other
limitation of work for which the Company cannot be held
responsible, subject to the following conditions:
12.6.1
a flight crew member can only be stood down at his
or her base station in Australia;
12.6.2
if the Company proposes to stand down a flight crew
member, it must notify the flight crew member accordingly;
12.6.3
during the period the notification remains in force
the flight crew member will be deemed to be stood down for the
purpose of this clause;
12.6.4
a flight crew member who is stood down under this clause
will be treated for all purposes (other than pay) as having
continuity of employment despite having been stood down;
12.6.5
a flight crew member who is stood down under this
clause may, at any time during the stand down period, terminate
employment with the Company at the flight crew member's
initiative without notice;
12.6.6
a flight crew member who terminates employment with
the Company under clause 12.6.5:
(a) is entitled to receive, as soon as practicable, all pay and
allowances to which the flight crew member is entitled up to the
time of termination; and
76.
(b) will, for all purposes (other than pay in lieu of notice),
be treated as if the flight crew member's employment had been
terminated by the Company without default of the flight crew
member.
12.6.7
A flight crew member who is stood down under this clause
may take other employment;
12.6.8
If a flight crew member takes other employment during
the stand down period and receives notification that he or she
is required for duty with the Company, it will be a reasonable
excuse for not reporting for duty if the flight crew member's
other employment requires a period of notice of termination not
exceeding two weeks;
12.6.9
If the Company proposes to stand down a flight crew
member under this clause, the flight crew member may elect to take
any accrued annual leave entitlements during the stand down
period; and
12.6.10 The Association reserves the right to refer any dispute
arising from deductions from pay under this clause to the
Commission.
12.7
Termination of Employment
Explanatory note:
Clause 12.7 describes certain rights and obligations of both the
Company and flight crew members in circumstances where employment
is terminated.
12.7.1.
Notice of Termination by the Company
(a)
In order to terminate the employment of a flight crew member
the Company will give to the flight crew member the following
notice:
(i) during the first twelve months of service or during any
extended period of probation, 14 days' notice in writing; and
(ii) after the first twelve months of service or any extended
period of probation, 28 days' notice in writing.
(b)
Payment in lieu of the notice prescribed in clause 12.7.1(a)
will be made to the flight crew member provided however the period
of notice prescribed may be reduced or waived by agreement between
the Company and the flight crew member.
12.7.2.
Notice of Termination by a flight crew member
(a)
The notice of termination required to be given by a flight
crew member will be the same as that required of the Company.
77.
(b)
A flight crew member will forfeit pay in lieu of the notice
prescribed in 12.7.2(a) provided however the period of notice
prescribed may be reduced or waived by agreement between the
Company and the flight crew member.
12.7.3.
Summary Dismissal
The Company has the right to dismiss a flight crew member without
notice for misconduct or other sufficient cause, in which event
the flight crew member will only be paid up to the time of
dismissal.
12.7.4.
Australia
Notice periods when flight crew members are outside
(a) Where the Company gives notice of termination to a flight crew
member who is outside Australia, the notice period will not be
deemed to have commenced until the flight crew member has returned
to Australia (or, if based overseas, to the flight crew member's
base station outside Australia) unless the flight crew member and
the Company agree otherwise.
(b) Where a flight crew member who is outside Australia gives
notice of termination to the Company, the period of notice will
begin from the date the notice is given.
12.7.5.
Flight crew members based away from Sydney to be
returned to Sydney at the Company's expense
(a)
If the employment of a flight crew member who is based
away from Sydney is terminated by either the Company or the flight
crew member, the Company will bear the expense of returning the
flight crew member, his or her spouse (if any) and the flight crew
member's dependent children who are under 21 years of age to
Sydney by air.
(b)
Travel will be by a service or route determined by the
Company and, wherever possible first class passages will be
arranged and accepted to ensure arrival in Australia before the
period of notice expires.
12.7.6.
Terminating employment to join another airline
If a flight crew member gives notice of termination to the Company
in order to join another airline, the flight crew member will be
entitled to the benefit of clause 12.7.5 to enable completion of
the contract of employment within the period of notice.
78.
12.8
12.8.1
Withholding flight crew members from service
When a flight crew member may be withheld from service
Despite anything else in this Agreement, a flight crew member may
be withheld from service (subject to the conditions set out in
clauses 12.8.2 and 12.8.3) by the Company for the following
reasons:
(a)
following an aircraft accident or incident in which the
flight crew member may have been involved;
(b)
lack of proficiency;
(c)
failure to meet a recognised responsibility to the flight
crew member's duties; or
(d)
pending the outcome of:
(i)
the Company's investigation into;
(ii)
the hearing of; or
(iii)
an appeal in relation to
a matter which is subject to the disciplinary procedures set out
in clause 9.
12.8.2
(a)
Following an aircraft accident or incident
Pattern protection pending an investigation
A flight crew member who is withheld from service following an
aircraft accident or incident will continue to be pattern
protected (and paid as though the flight crew member had continued
to work his or her bid line) pending the outcome of an
investigation into the accident or incident.
(b)
Repaying overpaid monies if negligence is attributable
to the flight crew member
If, following investigation into the aircraft accident or
incident, negligence is attributable to the flight crew member
and a penalty (which may include suspension without pay) is
assessed, the flight crew member will make a mutually
satisfactory arrangement with the Company to repay any monies
overpaid under clause 12.8.2(a). If no satisfactory arrangement
is agreed upon, the Company may deduct the amount of overpaid
monies from the flight crew member's next available earnings or
from any monies due on termination of the flight crew member's
services.
79.
12.8.3 Lack of proficiency or failure to meet recognised
responsibilities
A flight crew member who is withheld from service due to lack of
proficiency or a failure to meet a recognised responsibility to
his or her duties will not be entitled to pattern protection.
12.9 Redundancy
12.9.1 Notice of termination due to redundancy
The Company must give a flight crew member(s) at least six (6)
months notice of possible termination due to redundancy.
12.9.2 Severance pay
If a flight crew member with more than five (5) years service
with the Company is terminated because of redundancy, the
Association is entitled to negotiate with regard to the paying
of severance pay.
12.9.3 Redundancy list
(a)
A flight crew member who is made compulsorily redundant will
have his/her name placed on a list of redundant flight crew
members (‘redundancy list’).
(b)
A flight crew member must advise the Company and provide
contact details no later than 1 April in each calendar year
to maintain a position on the redundancy list.
12.9.4 Re-employment following redundancy
(a)
Flight crew member(s) on the redundancy list will be offered
re-employment (using the details provided under clause
12.9.3) in seniority order if a position as a flight crew
member becomes available provided that:
(i)
If an offer of re-employment is rejected by the flight
crew member for reasons other than an obligation to
provide a minimum period of notice to the flight crew
member’s current employer or for compassionate reasons
accepted by the Company, the flight crew member may be
removed from the redundancy list;
(ii) The offer of re-employment will be subject to the
flight crew member holding a Class 1 aviation medical
certificate at the time of re-employment;
(iii)The date on which the offer of re-employment becomes
effective may be slid by the Company within a training
80.
year if this enables the flight crew member to be
allocated to their previous aircraft type.
(b)
A flight crew member re-employed will resume the relative
position on the flight crew member seniority list that he
or she occupied as at the time of termination of employment
due to redundancy.
12.9.5 Reviewing redundancy provisions
The Company or the Association may request the other party to
consider redundancy provisions including exemptions from
redundancy to guarantee continuity of employment at any time.
12.10
Suspension from duty
The Company may suspend a flight crew member from duty without
pay if:
12.10.1
the flight crew member's passport or other travel
documents are invalid;
12.10.2
the flight crew member's licence is suspended or
withdrawn by the Aviation Regulatory Authority for any reason
other than the flight crew member's medical disability; or
12.10.3
the flight crew member negligently fails to be
sufficiently qualified.
12.11 Bonds
Upon commencement of employment a flight crew member may be bonded
by the Company for an amount not exceeding $30,000 to remain in
the employ of the Company for a period not exceeding three years.
If a flight crew member terminates his or her employment and as
a result fails to serve the required three year period, the amount
payable under the bond will be related to the unexpired period
of the bond (unless for compassionate reasons the Company has
exercised its discretion to waive the amount or any portion of
the amount payable).
12.12 Company's right to deduct overpayments from pay or
allowances
12.12.1
Company may deduct overpayments subject to conditions
The Company is entitled, subject to 12.12.2, to deduct from the
pay or allowances due to a flight crew member any overpayment of
pay and allowances including:
(a)
(b)
meal allowances;
living allowance or other similar allowances;
81.
(c)
any unauthorised expenses paid or payable by the Company
on behalf of a flight crew member; and
(d)
any balance outstanding of any advance of money made by
or on behalf of the Company to a flight crew member.
12.12.2
be made
Conditions to be satisfied before any deduction can
(a)
Before a deduction can be made, the following conditions
apply:
(i) within twelve (12) months of the overpayment or unauthorised
expense occurring the Company will give written notice to the
flight crew member of the details of the amount outstanding and
how a deduction is proposed to be made;
(ii) a flight crew member may notify the Company of his or her
objection to the proposed deduction within 30 days of receiving
the Company's notice, unless alternative arrangements are agreed
between the Company and the flight crew member;
(iii) if the flight crew member disputes the amount outstanding,
the flight crew member must notify the Company in writing within
7 days of receiving the Company's notice that he or she wishes
to grieve the matter under the grievance procedure provisions in
this Award.
(b) A flight crew member's failure to notify the Company of any
objection to the proposed deduction will result in the flight crew
member waiving his or her right to dispute the deduction.
12.13
Guarantee of employment and salary relativity for FEOs
Explanatory note: Clause 12.13 is to be read in conjunction with
LOA154.
12.13.1
Guaranteed continuity of employment as FEOs
Despite any other clause in this Agreement, all FEOs employed as
at 7 September 1984 (other than short term FEOs) are guaranteed
continuity of employment as FEOs, subject to normal conduct and
performance standards, until they:
(a)
resign from the Company;
(b)
retire prematurely from the Company for personal reasons
or for health reasons; or
(c)
attain their normal retirement date of 1 July after
attaining the age of 55 years.
12.13.2
Guaranteed salary relativity
82.
The Company further guarantees to maintain the current salary
relativity that exists between pilots and FEOs employed by the
Company.
13.
SENIORITY
13.1
General Provisions
13.1.1
Seniority
continuous service
is a flight crew member's
length
of
Explanatory note: Clause 13.1.1 is to be read in conjunction with
clause 32.2 (dealing with how seniority is treated during a period
of leave of absence without pay).
Subject to the Integration Award and clauses 13.1.5 (where a
flight crew member is transferred to non-flying duly because of
personal illness) and 13.1.6 (where a flight crew member is
transferred to non-flying duty), seniority is the length of
continuous service as a pilot or as an FEO with the Company (and
with other companies whose operations were merged with the
Company prior to the International Airline Pilots Agreement 1986
made between the parties).
13.1.2
Seniority commences to accrue from the date in a flight
crew member's letter of appointment
LOA147 (Seniority—Adjustment to Pilots' Seniority List)
Except with respect to any FEO who was retrained and appointed
as a pilot (see clause 13.1.9), the seniority of pilots employed
after 12 March 1972 and of FEOs will commence to accrue from the
date contained in the body of the Company's letter of appointment
to the flight crew member. Flight crew members employed on or
before that date will not have their relative seniority positions
varied by reason of this clause 13.1.2.
13.1.3
Relative seniority of flight crew members with the
same date of appointment
LOA135 (Relative seniority for pilots and relative seniority for
FEOs with the same date of appointment with the Company) and
LOA161 (Cadet Pilot Seniority).
(a)
Formula
Association
agreed
between
the
Company
and
the
Except with respect to any FEO who was retrained and appointed
as a pilot (see clause 13.1.9), the relative seniority of pilots
and the relative seniority of FEOs with the same date of
83.
appointment will be based on qualifications as at the date of
appointment and determined in accordance with an agreed formula
promulgated by the Company. A committee comprising three Company
representatives and three pilots or FEOs employed by the Company
and nominated by the Association will interpret the application
of the agreed formula.
(b)
Order of merit for Cadet pilots determines relative
seniority
Pilots graduating on the same day from the Company's cadet pilot
scheme will be placed on the pilots' seniority list in the order
of merit in which they graduate.
13.1.4
Seniority continues to accrue during supervisory
appointment or secondment
A flight crew member whose name appears on the pilots' seniority
list or the FEOs' seniority list will continue to accrue seniority
during the period of service as a flight crew member with the
Company, including any service as a supervisory pilot or
supervisory FEO and during any period of secondment as a flight
crew member by the Company to another airline operator.
13.1.5
Seniority continues to accrue when a flight crew member
is transferred to non-flying duty because of personal illness
A flight crew member transferred to non-flying duty on account
of a personal illness will continue to accrue seniority whether
or not the licence required for the flight crew member's status
is maintained (except where his or her licence has been cancelled),
until the flight crew member is able to return to flying duty,
or until the date of retirement on medical grounds. Where a flight
crew member's licence is cancelled, the flight crew member's name
will be removed from the pilot's seniority list or the FEOs'
seniority list unless the flight crew member successfully appeals
to the aviation regulatory authority against the cancellation in
which case service will be regarded as continuous.
13.1.6
Seniority does not accrue when a flight crew member
is transferred to non-flying duty unless the flight crew member
maintains a licence
A flight crew member transferred to non-flying duty will cease
to retain seniority on the pilots' seniority list or the FEOs'
seniority list except where the flight crew member maintains an
Airline Transport Pilot's Licence or FEO's licence, or where
there is a written agreement between the Company and the
Association that the flight crew member will retain, and may
continue to accrue, seniority in whole or in part.
84.
13.1.7 Seniority ceases on termination of employment or
acceptance of another position with the Company
Seniority will cease on the termination of a flight crew member's
service with the Company or on the date a flight crew member
accepts a permanent appointment, other than as a flight crew
member, with the Company.
13.1.8
Seniority starts again on
re-employment after
termination unless the flight crew member is being reinstated
A flight crew member who is re-employed by the Company as a flight
crew member after having had his or her employment terminated will
commence to accrue seniority from the date of reemployment,
unless the re-employment constitutes reinstatement, in which
case service will be deemed to be unbroken.
13.1.9 Seniority order
Seniority order in relation to an offer, award or assignment
means, unless specified otherwise;
(a) for an offer or award, from most senior to least senior;
(b) for an assignment, from least senior to most senior (“reverse
seniority”).
13.2
Pilots' and FEOs' seniority lists
13.2.1
Each flight crew member's seniority by number, name
and status
The pilots' and the FEOs' seniority lists will be promulgated by
the Company and each seniority list will relevantly contain the
number, name, status and operative date of each flight crew
member's seniority, arranged and numbered in order of seniority.
13.2.2
Adding names to the seniority lists
The names of pilots and FEOs will be added to the lists in
numerical sequence in order of the operative date of their
seniority in accordance with clause 13.1.
13.2.3
Seniority lists updated and promulgated each year
The pilots' and FEOs' seniority lists will be brought up to date
effective 1 July of each year and promulgated within 30 days after
that date.
13.2.4
approved
Seniority lists promulgated after variation is
85.
The seniority lists, promulgated as soon as practicable after the
application to vary this Agreement is approved (and prior to 1
July 2009);
(a) will operate in lieu of any obligation to promulgate lists
as at 1 July 2008; and
(b) will be based on the seniority rules contained in this
Agreement and the operation of LOA161 (as in force up to the date
of approval of this application to vary) in respect of cadets
employed under this Agreement at the date on which the application
to vary is approved.
13.2.5
omission
Objection to seniority list on grounds of error or
A pilot's objection or a FEO's objection to, respectively, the
pilots' or FEOs' seniority lists on the grounds that the list
contains an error or omission must be filed with the Company
within 60 days after the date of promulgation of the list in which
the error or omission is alleged to have occurred.
13.2.6
Objections to be promulgated
Any objection made under clause 13.2.4 will be promulgated
forthwith for the information of all flight crew members.
13.2.7
Issuing a revised list if objection upheld
If the objection is upheld a revised list will be issued and this
revised list will be final, and will be accepted as correct for
all purposes of this Employment Contract.
13.2.8
No right of objection if period for making objection
has lapsed
Any incorrect listing or any other discrepancy on the annual list
which is not objected to in accordance with clause 13.2.4 can not
subsequently be the subject of an objection in any later annual
listing (except that typographical or clerical errors can be
corrected at any time).
13.3
Letters of preference
13.3.1
Letters of preference to specify a preference for
a category vacancy
Pilots can only file a letter of preference for a pilot vacancy
and FEOs can only file a letter of preference for a FEO vacancy
and. The letter of preference may be used to specify:
(a)
preference for a category vacancy;
86.
(b)
preference for long term vacancies at a base station; or
(c)
preference for short term vacancies at a base station.
13.3.2
How to file a letter of preference
Each flight crew member will file a letter of preference by
completing the necessary form furnished by the Company. A letter
of preference can be filed with the Company by lodging it with
the Flight Operations Planning or Scheduling department or by
forwarding it by mail or fax to the Manager Aircrew Operations.
13.3.3
Letters of preference will be acknowledged and filed
The Flight Operations department will acknowledge receipt of all
letters of preference and retain them on file.
13.3.4
Keeping a letter of preference current
It is a flight crew member's responsibility to ensure that his
or her letter of preference is current at all times.
13.3.5
Altering a letter of preference
A flight crew member can alter his or her letter of preference
by advising the Manager Aircrew Operations in writing.
13.3.6
Bidding for a specific vacancy will take precedence
over a letter of preference
A flight crew member who wishes to bid for a specific vacancy can
submit a written application (quoting the reference number of the
promulgated vacancy) to the Manager Aircrew Operations. The
written application will take precedence over the flight crew
member's letter of preference but only in relation to that
specific vacancy.
13.4
Application of seniority
13.4.1
Seniority determines the order of selection for
promotion, transfer to base station or aircraft type and demotion
or termination if redundancies occur
(a)
Flight crew members who are sufficiently qualified
Without limiting any other provision of this Employment Contract
and provided that in each case the flight crew member is
sufficiently qualified to undertake the training or duty required,
seniority will determine the order of selection of flight crew
members for:
87.
(i)
(ii)
(iii)
(iv)
promotion;
transfer to a base station;
transfer to, and status on, an aircraft type; and
demotion or termination if redundancies occur.
(b)
Flight crew members who
sufficiently qualified
are not
considered
to
be
If it considers that a flight crew member who applies for a vacancy
is not sufficiently qualified (refer clauses 14.7.4 and 37.1) to
undertake the training or duty required, the Company will advise
the flight crew member accordingly.
13.4.2
Advertising initial vacancies
The Company will advertise all initial vacancies planned for a
training block by 15 April each year. Each advertised vacancy will
specify the bid period in which training is expected to commence
and, if possible, the planned date on which the training course
is to commence.
13.4.3
Closing date for bids
Bids (either by way of letter of preference or a bid for a specific
vacancy in accordance with clause 13.3.6) for the advertised
initial vacancies will close at 10.00 a.m. on 8 May each year (or,
if 8 May is not a business day, on the first business day after
8 May ("closing date").
13.4.4
Awarding vacancies in order of seniority
All initial and residual vacancies will be awarded in order of
seniority to sufficiently qualified flight crew members from the
letters of preference held on file or bids for specific vacancies
received by the Company by the closing date.
13.4.5
Assigning vacancies in reverse order of seniority
If there are no letters of preferences on file or bids for specific
vacancies, initial and residual vacancies will be assigned to
sufficiently qualified flight crew members in reverse order of
seniority.
13.4.6
Conditional bids
The Company will endeavour to honour conditional bids, subject
to Company requirements. Conditional bids will be considered in
seniority order and training commencement dates will be in order
of seniority, subject to clause 13.4.12.
13.4.7
Date by which vacancies will be allocated and
promulgated
88.
All initial and residual vacancies will be allocated, and the
names of successful trainees promulgated, by 8 June each year.
The promulgation notice will specify the bid period in which
training is expected to commence and, if possible, the planned
date on which the training course is to commence.
13.4.8
Date for training courses to commence & notice to flight
crew members
The Company will give a flight crew member at least three (3)
weeks' written notice of the date on which his or her training
course is to commence unless otherwise agreed between the Company
13.4.9
Provisional allocation of vacancy subject to flight
crew member being cleared for training
A flight crew member who is not considered to be operationally
suitable for training (refer clauses 14.7.4, 14.7.5, 37.1 and 38)
but who has had a time fixed for a review, may be provisionally
allocated a vacancy, with a training course date scheduled to take
place after the review date. If the flight crew member is cleared
for training, the vacancy will be confirmed. If the flight crew
member is not cleared for training, the vacancy will be
re-allocated from letters of preference held on file at the time
the decision that a flight crew member is not cleared for training,
is made.
13.4.10
(a)
Bidding for, and award of, a vacancy in a lower category
Flight crew member's right to bid
A flight crew member may bid for a vacancy in a lower category.
(b)
Award of a vacancy is at the Company's discretion
An award of a vacancy in a lower category is at the Company's
discretion.
(c)
Once only right to bid for, and be awarded, a vacancy in
a lower category
(i) A flight crew member can only exercise the right to bid for,
and be awarded, a vacancy in a lower category on one occasion.
Provided the flight crew member meets the criteria agreed between
the Company and the Association, the vacancy will be awarded.
(ii) An award of such a vacancy in a lower category but within
the same status, will only be made if the flight crew member has
had five years of completed service in his or her current category
89.
and undertakes to give a two year return of service in the new
category.
(iii) The HOFO has discretion as to the timing of the transfer,
taking into account the Company's ability to release the flight
crew member from his or her current category.
13.4.11
station
Assigning emergency temporary vacancies at a base
In an emergency, temporary vacancies at a base station and/or on
an aircraft type may be assigned in accordance with clause 15.10
to the most junior qualified flight crew member.
13.4.12
Training out of seniority order
Flight crew members will be trained in seniority order unless
operational requirements or training constraints (e.g. the need
for "pairing") necessitate a variance to that order, in which case
the Company will advise the Association of the reasons before
promulgating the allocated vacancies.
13.4.13
Additional vacancies created by a training failure
If an additional vacancy is created during a training block due
to a flight crew member's failure of a training program, the
Company will fill the training vacancy from letters of preference
held on file at the time the additional vacancy is created.
13.4.14
Increased training requirements
(a)
If additional initial vacancies arise due to an
increasedrequirement for flight crew members in any category
after vacancies for a training block have been allocated and
promulgated, the additional vacancies will be awarded in order
of seniority (or assigned in reverse seniority order) to
sufficiently qualified flight crew members from the letters of
preference held on file at the time the vacancies arise.
(b)
If the number of additional vacancies exceeds seven (7)
in any category, they will be advertised (with a 4 week period
in which flight crew members can submit a bid for a specific
vacancy) unless otherwise agreed with the Association provided
there is sufficient time to advertise and allocate the vacancies.
(c)
A flight crew member who has already been allocated a
training vacancy that was not his or her first preference and who
has not commenced training, can elect to be allocated to a vacancy
that is his or her higher preference.
13.4.15
Release from a vacancy & re-allocating the vacancy
90.
(a)
The HOFO (or designate) may release a flight crew member
from an allocated vacancy.
(b)
Unless released on compassionate grounds, a flight crew
member may be denied an allocation of another vacancy for a period
of not more than 12 months from the promulgated date of the vacancy
from which he or she is released.
(c)
The vacancy will be re-allocated from letters of preference
held on file at the time of the re-allocation. The re-allocation
of the vacancy in this circumstance will not require the remaining
vacancies in the same category, for which flight crew members have
not commenced training, to be re-ordered.
13.4.16
Re-scheduled or deferred training course dates
(a)
Training course dates may be re-scheduled within a training
block.
(b)
A training course that is deferred beyond the end of the
relevant training block will be deemed to be cancelled unless the
Company and the Association agree to continue to defer it into
the next training block.
13.4.17
Cancelled training course dates
(a) If the number of flight crew members remaining to be trained
in a training block need to be reduced, any flight crew member
assigned to a vacancy will first be released from the vacancy and
then the principle of reverse order of seniority will apply.
(b)
Where a flight crew member's training course is cancelled,
any remaining flight crew members who have not commenced training
will be subject to an adjustment of the remaining training course
dates in that category.
(c)
If a flight crew member's training course date is cancelled
and a less senior flight crew member has been trained or has
commenced training for a vacancy in the same category, the
untrained flight crew member will be allocated the first training
course in the same category in the next group of allocations.
13.4.18
Re-bidding for vacancies where 7 or more training
courses are cancelled
If seven (7) or more initial vacancies in a category are cancelled
within a training block, a re-bid will take place for all
vacancies where training has not commenced. Details of the
cancelled training and re-bid will be advised to flight crew
members after consultation with the Association, allowing flight
crew members sufficient time to update their letters of
preference or submit a bid for a specific vacancy.
91.
13.4.19
By-pass associated with cancelled vacancy
If a flight crew member, whose allocated vacancy has been
cancelled, is not allocated another vacancy and commenced
training in the same category within twelve (12) months of the
date when his or her seniority had entitled the flight crew member
to commence training in accordance with his or her bid, the flight
crew member will accrue bypass pay (pursuant to clause
13.5.2(b)).
13.4.20
Awarding a vacancy in a lower status
If a flight crew member is awarded a vacancy in a lower status
due to Aviation Regulatory Authority requirements, the flight
crew member will retain staff travel entitlements applicable for
his or her prior higher status.
13.5
13.5.1
(a)
By-pass
By-pass principles
Exception to the allocation of vacancies under clause 13.4
Vacancies for promotion or transfer to a higher rated aircraft
type will be allocated in accordance with clause 13.4 except where
the Company proposes to by-pass a pilot within the terms of this
clause 13.5.
(b)
By-pass must be for operational reasons & not arbitrary
or capricious
A proposal to by-pass a flight crew member must be for operational
reasons and must not be arbitrary or capricious.
(c)
Consultation with the Association before by-pass can take
place
When the Company proposes to by-pass a flight crew member, the
Company will notify and consult with the Association before any
by-pass takes place.
(d)
Who will be allocated the vacancy if a flight crew member
is by-passed?
Where a flight crew member is to be by-passed, the Company will
allocate the particular vacancy to the flight crew member who:
(ii) is next most senior to the flight crew member being bypassed;
(iii)
is sufficiently qualified for the vacancy;
(iv) is entitled to the vacancy subject to clauses 13.6.2,
13.6.3,13.6.4 and 13.6.7; and
92.
(v)
(e)
for operational reasons, is not to be by-passed.
By-pass on the basis of one for one
By-pass pay entitlements will accrue on the basis of one for one.
This means that the number of pilots entitled to by-pass pay and
deferred training vacancies will equal the number of vacancies
allocated, for operational reasons, to less senior pilots.
13.5.2
Circumstances where by-pass pay accrues as an
entitlement
(a)
Where a flight crew member's vacancy for promotion or
transfer is deferred
In circumstances where:
(i) a flight crew member's bid for a vacancy for promotion or
transfer to a higher rated aircraft type is successful but is
deferred for reasons other than those set out in 13.5.3; and
(ii) the flight crew member is by-passed for the promotion or
transfer by a less senior flight crew member,
the flight crew member will accrue, as an entitlement, by-pass
pay calculated in accordance with clause 13.5.4 from the date the
less senior flight crew member commences training plus an agreed
training period.
(b) Where a flight crew member's allocated vacancy is cancelled
& the flight crew member is not allocated another vacancy in the
same category within 12 months
In circumstances where:
(i) a flight crew member's allocated vacancy is cancelled; and
(ii) the flight crew member is not allocated another vacancy and
commenced training in the same category within twelve (12) months
of the date when his or her seniority had entitled the flight crew
member to commence training in accordance with his or her bid,
the flight crew member will accrue bypass pay calculated in
accordance with clause 13.5.4 commencing from Day 1 of the
training block immediately following the training block in which
the vacancy was cancelled, unless the flight crew member bids for
and is allocated a training vacancy in a different category.
13.5.3
Circumstances where by-pass pay will not apply
93.
(a) The Company may reject a flight crew member's bid for a vacancy
for promotion or transfer to a higher rated aircraft type because
the flight crew member:
(i)
(ii)
(iii)
is not sufficiently qualified;
has failed to reach the required standard of proficiency;
is subject to a period of demotion;
(iv)
is subject to the provisions in clauses 13.6.2, 13.6.3,
13.6.4,13.6.5 and 13.6.7; or
(v)
is subject to the provisions of clause 16.7.
(b) The Company will advise the flight crew member of the reason
or reasons and the flight crew member will be eligible to bid for,
and be awarded, subsequent promotional or transfer vacancies when
the reason or reasons for the initial rejection cease to apply.
13.5.4
(a)
By-pass pay calculation
If the pilot would be a PLH in the new category
By-pass pay accrued each bid period (and pro-rated where
applicable) for a flight crew member who would be a pattern line
holder in the new category will be based on the higher of the
flight crew member's existing category pay entitlement and the
pay calculated in the new category based on the following:
(i)
1105 credited hours divided by 6.5; plus
(ii)
Elements 1A and 1B. (For the purpose of this clause 13.5.4,
Element 1A is the average of the additional flight duty payments
("AFDPs") of PLHs in the new category. The average is to be
calculated by reference to the AFDP earned over the entirety of
the immediately preceding 8 [4] week bid period).
(b)
If the pilot would be a BLH or RLH in the new category
By-pass pay accrued each bid period (and pro-rated where
applicable) for a pilot who would be a BLH or RLH in the new
category will be based on the following:
(ii) MGH or the average of accrued credited hours for BLHs and
RLHs in the new category, whichever is greater; plus
(iii) a proportion of Elements 1A and IB (calculated as the
average of the actual credited hours of BLHs and RLHs in the new
category as a ratio of 170 hours).
94.
(c) Personal training credits and superannuation at new category
rate
All personal training credits will be paid, and superannuation
will be calculated, based on the category rate (for both PLHs and
BLHs/RLHs) for which by-pass is accruing.
13.5.5
How by-pass entitlements can be paid
By-pass entitlements can be paid:
(a)
when the flight crew member successfully completes training
for a vacancy in the category for which the flight crew member
was accruing the by-pass entitlement; or
(b)
at the flight crew member's request, as it accrues (rather
than upon completion of training) provided the pilot gives a
signed undertaking to repay the by-pass pay if he or she does not
successfully complete training or relinquishes the vacancy (but
the requirement to repay the by-pass pay will be waived in the
circumstances set out in clause 13.5.8; or
(c)
on the flight crew member's termination, in the case of
a flight crew member who is not provided with the deferred
training because of the provisions in clause 16.
13.5.6
Entitlement to by-pass remains even in special
circumstances
A flight crew member's entitlement to by-pass remains, and
by-pass entitlements will be paid, despite the happening of the
following events before the flight crew member is given the
opportunity to take up a vacancy in the category for which the
flight crew member was accruing the by-pass entitlement:
(a)
the flight crew member dies (in which case the by-pass
entitlements will be paid to the flight crew member's estate);
and
(b)
the flight crew member is medically terminated.
13.5.7
Company and Association to consult if an aircraft type
is sold or phased out of service
If an aircraft type is sold or phased out before a by-passed flight
crew member is given the opportunity take up his or her
promotional vacancy on that aircraft type, the by-passed pilot
will not be disadvantaged by not having the opportunity to take
up the vacancy. Details will be subject to agreement between the
Company and the Association at the time.
95.
13.5.8 By-passed flight crew member to commence deferred training
within two years
(a)
In addition to the by-pass pay entitlement, the flight
crew member will commence the deferred training no later than two
years from the date the less senior flight crew member commenced
training for the vacancy except that the Company is not obliged
to provide the training if the flight crew member would not be
able to provide the required 2 year return of service, unless
otherwise agreed between the Company and the Association.
(b)
The Company is not obliged to create an additional vacancy
to provide an opportunity for the by-passed flight crew member
to undertake the deferred training.
13.5.9
By-pass entitlements cease in certain circumstances
A flight crew member's accrual of by-pass pay entitlement and the
Company's obligation to provide deferred training under this
clause 13.5 will cease if:
(a)
the flight crew member fails to qualify in the first
training program for the category in which the flight crew member
is accruing the by-pass pay entitlement; or
(b)
the flight crew member, having been awarded a vacancy in
another category or to another base station, is not available to
commence training for the promotion or transfer for which the
by-pass pay entitlement is accruing at the time the Company offers
the training,
BUT the accrued entitlement will be paid to the flight crew member
when he or she subsequently qualifies for the promotion or
transfer for which the by-pass pay entitlement is accruing.
13.5.10
Forfeiting by-pass pay entitlements
A flight crew member's by-pass pay entitlement will be forfeited
if:
(a)
the flight crew member elects to withdraw his or her bid,
in which case the Company's obligation to provide deferred
training will cease; or
(b)
the flight crew member fails to qualify in the category
for which the by-pass pay entitlement was accruing.
13.6
13.6.1
Limitations of seniority
Supervisory, check or training appointments
96.
The selection of a flight crew member to a supervisory, check or
training appointment is at the discretion of the Company and does
not depend on seniority.
13.6.2
Seniority not recognised during first 18 months after
qualifying as a Second Officer
During the eighteen (18) months commencing from the date on which
a flight crew member first operates a service as a Second Officer
or as an FEO with the Company, the Company:
(a)
is not obliged to recognise the flight crew member's
seniority with respect to allocation to an aircraft type; and
(b)
has discretion to allocate the flight crew member to any
aircraft type.
13.6.3
Freeze period of 18 months after failing to qualify
A flight crew member trained for transfer to another aircraft type
who fails to qualify in the category for which the vacancy was
created, may then be required to operate on that aircraft type
in the highest status for which the flight crew member can qualify
for a minimum period of eighteen (18) months before being eligible
to be awarded a vacancy involving an aircraft type transfer.
13.6.4
Freeze periods for category changes
In addition to the restrictions in clause 13.6.2 (i.e. freeze for
first 18 months after qualifying as a Second Officer) and clause
13.6.3 (i.e. freeze after failing to qualify after training),
freeze periods may apply where training involves an aircraft type
transfer as detailed below:
(a) Training successfully completed: Freeze of 2 training blocks
after training block in which the vacancy was to be effective
A flight crew member trained for transfer to another aircraft type
who qualifies in the category for which the vacancy was created,
may be required to operate on that aircraft type for the duration
of two training blocks immediately following the training block
in which the vacancy was to be effective (i.e. until 30 June
occurring two years after the training block in which the vacancy
was to be effective), before being eligible to be awarded a
vacancy involving another aircraft type transfer.
(b)
Training deferred but successfully completed: Freeze of
2 training blocks after commencing training
A flight crew member whose training is deferred into the
immediately following training block (by agreement between the
Company and the Association under clause 13.4.16(b)) and who
97.
qualifies in the category for which the vacancy was created, may
be required to operate on the aircraft type for which the vacancy
was created for the two training blocks immediately following the
training block in which the training actually commences (i.e.
until 30 June occurring two years after commencing training)
before being eligible to be awarded a vacancy involving another
aircraft type transfer.
(c)
By-passed: Freeze of 18 months
A flight crew member who is by-passed for a vacancy (pursuant to
clause 13.5) may be required to operate on the aircraft type for
which the vacancy was created for 18 months measured from when
the flight crew member successfully completes training for a
vacancy in the category for which the flight crew member was
accruing the by-pass entitlement, unless otherwise agreed by the
Company to waive the restriction.
(d)
Vacancy assigned: Freeze of 18 months
A flight crew member who is assigned a vacancy may be required
to operate on the aircraft type for which the vacancy was created
for 18 months measured from when the flight crew member
successfully completes training.
(e)
Initial command vacancy: Freeze of 18 months
The freeze period under clauses 13.6.4(a) and (b) will be reduced
to 18 months (measured from when the flight crew member
successfully completes training for the vacancy) where the flight
crew member's next allocated vacancy is his or her first
allocation of a Captain vacancy.
13.6.5
Company's right to reject a flight crew member's bid
for a base station
The Company may reject the bid of a flight crew member for a base
station vacancy if the flight crew member will not have completed
the full term of a current basing before the effective date of
the new basing unless the award of the bid would result in the
flight crew member's promotion. If the flight crew member's bid
would result in a promotion, the flight crew member will be
eligible for the award of the bid if the full term or a minimum
of twelve months (whichever is the lesser) of the current basing
would be completed before the effective date of the new basing
but the flight crew member may be required to remain at the current
basing after the award of a promotional vacancy to allow the
Company to act in accordance with clause 15.3.
13.6.6
Vacancy awarded even though full term of vacancy not
to be served where base transfer not involved
98.
A flight crew member who is not available to serve the full term
of a base station vacancy may be awarded such vacancy provided
it does not require the flight crew member's transfer from one
base station to another.
13.6.7
Company's right to reject a flight crew member's bid
if another vacancy still pending
The Company may reject a flight crew member's bid for a vacancy
if the flight crew member has previously been awarded or assigned
a vacancy yet to become effective.
14.
PROMOTION AND DEMOTION
Explanatory note:
Clause 14 is to be read in conjunction with clause 13 (Seniority),
clause 37 (Training and Qualification) and 38 (Pilot and FEO
Assessment Committees).
14.1
Status on appointment
On appointment with the Company:
14.1.1
14.1.2
14.2
a pilot will have the status of TSO; and
a FEO will have the status of FEO under initial training.
Status on completion of training
On completion of training (including aircraft type endorsement
and en route flying):
14.2.1
a TSO will have the status of Second Officer on the
aircraft type to which the flight crew member is initially
allocated by the Company; and
14.2.2
a FEO under initial training will have the status of
FEO on the aircraft type to which the flight crew member is
initially allocated by the Company.
14.3
Status of a pilot
The status of a pilot is ranked in the following descending order:
14.3.1
14.3.2
14.3.3
14.3.4
14.3.5
14.4
Captain;
First Officer;
Senior Second Officer;
Second Officer;
TSO.
Status of a FEO
99.
The status of a FEO is ranked in the following descending order:
14.4.1
14.4.2
14.5
FEO;
FEO under initial training.
Category of a pilot according to aircraft type
The category of a pilot is the pilot's status on an aircraft type
and is ranked in the following descending order:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
A380
B744
A330
B767
A380
B744
A330
B767
A380
B744
A330
B767
14.6
Captain;
Captain;
Captain;
Captain;
First Officer;
First Officer;
First Officer;
First Officer;
Second Officer;
Second Officer;
Second Officer
Second Officer
Category of a FEO
The category of a FEO is the FEO's status on an aircraft type.
14.7
Promotion
14.7.1
Definition of promotion
A promotion is a change to a higher status.
14.7.2
training
Seniority determines selection for promotional
A flight crew member will be selected for training and promotion
beyond the category of Second Officer (on the aircraft type to
which the flight crew member was initially allocated) in
accordance with this clause 14 and clause 13 (Seniority).
14.7.3
Assessment of a flight crew member's operational
suitability for promotional training
No later than five years after a pilot becomes operational in a
category, the Company will assess his or her operational
suitability for promotional training.
14.7.4
Qualifications required for promotional training
and/or transfer to another aircraft type
Explanatory note:
100.
For ease of reference, clause 14.7.4 is repeated in clause 37.1.
Before a flight crew member is considered by the Company to be
qualified for commencement of training for promotion and/or
transfer to another aircraft type, the flight crew member is
required to:
(a)
have complied with Aviation Regulatory Authority licensing
requirements;
(b)
be considered operationally suitable for training; and
(c) have met the Company promotional criteria (including having
achieved the required number of command hours) as set out in the
Company's Manuals or, in the case of pilot, completed at least
five years in a category or categories which qualify the flight
crew member for the promotion sought.
14.7.5
Committees
Referring cases to the Pilot or FEO Assessment
If the Company decides that a flight crew member is not
operationally suitable for promotional training:
(a)
the Company will inform the flight crew member of the
reasons for its decision within 28 days of making the decision;
and
(b)
in the case of a pilot, the matter may, at the request
of the flight crew member, be referred to the Pilot Assessment
Committee and, in the case of a FEO, the matter will be referred
to the FEO Assessment Committee.
14.7.6
Company to provide command flying training
The Company will provide any command flying training specified
as necessary in accordance with clause 14.7.4(c) at a rate
commensurate with the training facilities available.
14.8
Training Failures
14.8.1
Failure of a Second Officer to pass a promotional
training program
If a Second Officer:
(a)
(b)
fails a promotional training program; and
is not cleared by the Company for a second training program;
the case may, at the request of the flight crew member, be
referred to a Pilot Assessment Committee. If the majority opinion
of the Pilot Assessment Committee is that the pilot does not
101.
warrant a further training program, the Company may terminate the
pilot's services or continue employment under such circumstances
as are advised to the pilot in writing.
14.8.2
Pilot Assessment Committee's tied decision that a pilot
should have further training
Where the Pilot Assessment Committee is equally divided in its
opinion that a Second Officer should have the opportunity of
further training, the pilot will be:
(a)
(b)
retained in employment; and
considered to be eligible for a further training program
BUT if the Second Officer fails the further training, the Company
may terminate the pilot's services (or continue employment under
circumstances as advised in writing to the pilot).
14.8.3
Company may require a pilot to undergo flight check
in certain circumstances
If a Second Officer does not bid for an available First Officer
promotional training vacancy:
(a)
within twelve months after the time the pilot becomes
eligible for the award of the vacancy; or
(b)
within twelve months after the pilot failed a training
program,
the pilot may be required to undergo a potential check, including
a flight check conducted both en route and on a training flight
on the aircraft type on which the pilot is currently operating.
If the pilot fails the flight check, the case will be dealt with
in the same manner as if the flight check had been a training
program.
14.8.4
First Officer failing training for promotion and/or
aircraft type transfer
If a First Officer fails a training program for a promotion or
an aircraft type transfer and the Company does not clear the pilot
for a second training program, the case will be referred to the
Pilot Assessment Committee.
14.8.5
Captain failing training for aircraft type transfer
If a Captain fails a training program for an aircraft type
transfer and the Company does not clear the pilot for a second
training program, the case will be referred to the Pilot
Assessment Committee.
102.
14.8.6
FEO failing training for aircraft type transfer
If a FEO fails a training program for an aircraft type transfer
and the Company does not clear the FEO for a second training
program, the case will be referred to the FEO Assessment
Committee.
14.9 DEMOTION & RELATED ARRANGEMENTS
14.9.1
Definition of demotion
A demotion is a change to a lower status.
14.9.2
Limit on the demotion of a flight crew member
A flight crew member may be demoted to a lower category but, in
the first instance, a Captain will not be demoted to a status below
that of First Officer.
14.9.3
Meeting to consider a flight crew member's demotion
Where a flight crew member is being considered for a demotion on
the basis of his or her operational suitability, a meeting will
be convened to consider the case, subject to the following:
(a)
the meeting will be comprised of four representatives from
the Company's Flight Operations division (one of whom will act
as chairperson) and four members appointed by the Association
(all of whom are senior check Captains, check and training
Captains or, in the case of FEOs, senior check FEOs employed by
the Company);
(b)
prior to the meeting, the flight crew member may make
written representations for consideration at the meeting;
(c)
the findings of the meeting will be provided to the HOFO
who will decide the outcome of the case.
14.9.4
Flight crew members failing to achieve the required
standard of proficiency
A flight crew member who fails to achieve the required standard
of proficiency either during or at the completion of a training
program may either be required to operate for a minimum period
of eighteen months in the highest status for which the flight crew
member can qualify on the aircraft type on which the flight crew
member has failed, or given the opportunity, to:
(a)
revert to the flight crew member's previous category and,
subject to clearance by the Company or the Pilot or FEO Assessment
committee (whichever is appropriate) be allocated a second
103.
training program and have the option of having the final check
in the second training program conducted by another pilot or FEO
as applicable; or
(b)
bid for and be awarded another vacancy in the flight crew
member's status for which he or she is (or can be) qualified,
subject to clearance by the Company or the Pilot or FEO Assessment
committee (whichever is appropriate) be allocated a second
training program and have the option of having the final check
in the second training program conducted by another pilot or FEO
as applicable.
14.9.5 Company's discretion to decide status or category if a
flight crew member fails to maintain the required standards of
proficiency
If, during a period of seven consecutive years, a flight crew
member:
(a)
fails two training programs; or
(b)
fails a training program and has previously been demoted
because of his or her failure to maintain the required standards
of proficiency; or
(c)
is demoted because of failure to maintain the required
standard of proficiency and has previously either:
(i)
failed a training program; or
(ii)
been demoted because of failure to maintain the required
standard of proficiency
the Company has discretion to decide his or her status and
category, and will advise the flight crew member of its decision
within 30 days of the flight crew member's most recent failure.
15. ALLOCATION TO BASE STATIONS AWAY FROM SYDNEY
Explanatory note: Clause 15 to be read in conjunction with S.A.11
(Emergency basing).
15.1
Allocation to a base station
The Company will allocate each flight crew member to a base
station.
15.2
Base station vacancies away from Sydney
Base station vacancies away from Sydney will be allocated:
104.
15.2.1. in accordance with this clause 15, clause 13 (Seniority)
and a points system agreed between the Company and the Association;
and
15.2.2.
not later than 21 days before the effective date of
commencement of the basing.
15.3
Promulgating vacancies
15.3.1
When a vacancy occurs at a base station away from
Sydney, the Company will promulgate the vacancy at least 60 days
before the effective date of the basing and will provide the
following information:
(a)
Base station;
(b)
Number and category;
(c)
Effective date;
(d)
Expected duration of basing;
(e)
Highest and lowest seniority number of flight crew members
in the applicable category at the base station;
(f)
Deadline date for bidding for the vacancy, provided
the date will not be less than 30 days after promulgation of the
vacancy.
15.3.2
Where vacancies occur in a category at more than one
base station, the Company will (except in circumstances beyond
the Company's control) promulgate the vacancies in order of
expected effective date of commencement of the basings.
15.4
Terms and conditions attaching to basing away from Sydney
The terms, conditions and duration of a basing away from Sydney
will be:
15.4.1 made available to flight crew members on request at the
time the vacancy is promulgated; and
15.4.2 confirmed in writing by the Company to a flight crew member
who has been allocated the basing.
15.5 Leave to discuss the terms and conditions of basing away
from Sydney
The Association has the right to discuss the terms and conditions,
allowances and any other matters associated with a basing away
from Sydney.
15.6
Company may reject a flight crew member's bid for a base
station vacancy in certain circumstances
15.6.1
The Company may reject a flight crew member's bid
for a base station vacancy if the flight crew member:
105.
(a)
will not have completed the full term of his or her current
basing before the effective date of commencement of the new base
station vacancy, subject to 5.16.2; or
(b)
has previously been allocated a vacancy which is yet to
be come effective; or
(c)
is required to operate on a particular aircraft type for
his or her applicable freeze period.
15.6.2
A flight crew member will be eligible for the award
of a base station vacancy if:
(a)
the award of the vacancy would result in the flight crew
member's promotion; and
(b)
the flight crew member will have completed at least twelve
months of his or her current basing before the effective date of
the new vacancy
EXCEPT THAT the flight crew member may be required to remain at
his or her current basing after being awarded the promotional
vacancy to allow the Company to promulgate the residual vacancy
arising for the flight crew member's current basing in accordance
with 15.3.
15.7 Vacancy may be awarded even if a flight crew member is not
available to serve full term
A flight crew member who is not available to serve the full term
of a base station vacancy may nevertheless be awarded the vacancy
provided it does not require the flight crew member to transfer
from one base station to another.
15.8
Restriction on assigning a flight crew member to a base
station away from Sydney
A flight crew member who has completed an assigned basing at a
base station away from Sydney will not, for a period equal to the
completed assigned basing, be assigned to a base station other
than Sydney.
15.9 Request to terminate a basing because of personal or family
ill-health
If a flight crew member requests to terminate a basing and
transfer to another base station due to personal or family
ill-health, the Company and the Association:
15.9.1. will jointly consider the flight crew member's request;
and
106.
15.9.2. may agree to permit the flight crew member to be awarded
the next vacancy at another base station requested by the flight
crew member provided that the award of that next vacancy does not
prevent or delay a more senior flight crew member's promotion.
15.10 Assigning emergency temporary vacancies at a base station
In an emergency, the Company may assign the most junior qualified
flight crew member to a base station for a period of not more than
one calendar month.
15.11 Flight crew member relieved of all Company duty to arrange
personal affairs associated with a basing away from Sydney
15.11.1 To assist a flight crew member in arranging his or her
personal affairs associated with being based away from Sydney,
the Company will relieve the flight crew member from all Company
duty for the number of days (excluding Saturdays, Sundays and
local public holidays), and in the circumstances, set out below:
(a)
prior to transferring to a basing away from Sydney, three
days;
(b)
immediately upon arrival at a basing away from Sydney,
three days;
(c)
immediately upon arrival at a basing away from Sydney if
the flight crew member is required to find his or her own
accommodation, ten days;
(d)
prior to returning to Sydney from a basing away from Sydney,
three days.
15.11.2 Unless otherwise agreed between the Company and the
flight crew member, the days on which a flight crew member is
relieved from all Company duty will be granted consecutively.
15.12 Reduction in numbers at base station away from Sydney
15.12.1 At least 30 days prior to a reduction in a category at
a base station away from Sydney, the Company will promulgate the
(a)
the number and category of surplus flight crew members;
(b)
the dates from which reductions will become effective;
(c)
the names of flight crew members in the category at the
base station affected by the surplus; and
(d)
base stations where vacancies in the category are
available.
15.12.2 The expiration of a basing established for the purpose
of meeting approved leave and/or cyclic training requirements at
that particular base station will not be considered to be a
reduction in category for the purposes of this clause 15.12.
107.
15.12.3 The reduction will be effected in reverse order of
seniority of flight crew members in that category at the base
station except that a more senior flight crew member in the
category may elect in writing to terminate a basing at that base
station.
15.12.4 A flight crew member affected by the reduction, or a
flight crew member who has completed a basing may, subject to
clause 13 (seniority provisions):
(a)
bid for a vacancy in another category at that base station;
(b)
bid for a vacancy in any category at another base station
away from Sydney; or
(c)
return to Sydney and exercise his or her seniority to
displace the most junior flight crew member in the category
provided he or she is senior to such flight crew member; or
(d)
return to Sydney and bid for a vacancy in any category.
A flight crew member at that base station not affected by the
reduction will retain the duration of the basing notified to the
flight crew member in accordance with clause 15.4.
15.13 Short term and long term basings
For the purposes of this clause 15, a basing for a period of more
than one calendar month but not more than three calendar months
at a base station will be deemed to be a short term basing. A period
of more than three calendar months will be deemed to be a long
term basing.
15.14 Transfer costs between base stations
(a) A flight crew member who is awarded a base-station transfer
will meet all costs associated with the transfer.
(b) A flight crew member who is assigned a base-station transfer
will be entitled to receive reimbursement for reasonable expenses
incurred as detailed in the Company Staff Transfer Policy (this
provision does not apply to the closure of the Qantas B767 base
in Cairns).
(c) Where a flight crew member is required to transfer to another
base station due to a reduction in numbers, clause 15.14 (b) will
apply.
15.15 Localised lines
15.15.1 Constructing localised lines
(a)
The Company, in agreement with the Association, may
construct bidlines “localising” flight crew members in
stations remote from their respective base stations for up
108.
to one (1) bid period (including any agreed “overlap”),
except that where the localised requirement is not going to
continue for the following bid period, the term of the
localised line may be extended by up to and including 28
days.
(b)
The localised content of the bidline, including either
operating or deadheading to the station, will be advertised
and allocated with sufficient time for the flight crew
member to bid for any remainder of the bidline through the
normal process.
15.15.2 Allocating localised lines
(a)
Localised lines will be awarded in order of seniority in
accordance with this clause and clause 13. Localised lines
will not be assigned except in accordance with (c) below.
(b)
The Association may limit the number of consecutive
localised lines awarded to a flight crew member.
(c)
If a flight crew member allocated to a localised line becomes
unavailable, the Company may crew affected patterns in
accordance with normal rostering provisions including
allocating another flight crew member to the station in
accordance with the principles of clause 15.10.
(d)
A flight crew member must hold a valid licence for the
duration of the localised part of the bidline plus 21 days
with all licence requirements completed (or planned to be
completed) prior to the commencement date of the localised
portion of the bidline.
(e)
A flight crew member will not be allocated a localised line
if the localised portion of the bidline conflicts with
his/her previous bidline.
(f)
A flight crew member who has planned annual or LSL
conflicting with a localised line, will not be allocated the
line unless he/she elects to drop up to and including the
first or last seven (7) days of such leave to remove the
conflict.
(g)
A flight crew member who has an awarded vacancy which, with
the associated training, conflicts with a pattern on the
localised line will not be awarded the line.
(h)
A flight crew member who is allocated a localised line and
subsequently awarded a training vacancy which, with the
associated training, conflicts with a pattern on the
localised line, may be required to complete the localised
line prior to commencing training.
15.15.3 Allowances
109.
(a)
Travelling allowances will be paid for the duration of the
localised line from the departure day through return day
from a flight crew member’s home base in accordance with
clause 33.
(b)
Meal allowances will be paid at the normal rate, calculated
in the normal manner, for the time that the flight crew
member is away from home base. Such meal allowances will be
calculated and pre-paid ex home base, and will be adjusted,
if necessary, on arrival back in home base.
15.15.4 Accommodation
(a)
The Company will provide accommodation for the period away
from base station in accordance with clause 34.
(b)
The flight crew member may elect to find his/her own
accommodation and be paid by the Company an equivalent
amount to that had he/she remained at the Company-contracted
accommodation provided the Company is not subjected to
additional costs.
15.15.5 Transport
(a)
Home transport will be provided at the commencement and at
the end of the localised line subject to the transport
boundaries in SA 9.
(b)
Transport while at the localised station will be provided
for all duties in accordance with clause 35.4.
(c)
Transport will be provided at the localised station where
the flight crew member elects to find his/her own
accommodation provided the Company is not subjected to
additional costs and the contracted transport company
agrees.
15.15.6 Beneficiaries travel
The Company will provide a return ticket for beneficiaries for
each localised line at “home-leave” travel priority.
16.
16.1
ALLOCATION TO AIRCRAFT TYPE
Allocating flight crew members to an aircraft type
16.1.1
Aircraft types in operation, or planned to be in
operation, during the currency of this Agreement are rated in the
following descending order:
(a)
(b)
(c)
(d)
A380
B744
A330
B767
aircraft;
aircraft;
aircraft;
aircraft.
110.
16.1.2
Upon completion of training, a TSO or FEO under initial
training will be allocated by the Company to an aircraft type.
16.1.3
During the eighteen months commencing from the date
on which a flight crew member first operates a service as a Second
Officer or as a FEO with the Company, the Company is not obliged
to recognise the flight crew member's seniority with respect to
allocation to an aircraft type and may, in its discretion,
allocate the flight crew member to any aircraft type.
16.2
Assigning emergency temporary vacancies on aircraft type
In an emergency, the Company may temporarily assign flight crew
members to an aircraft type in accordance with clause 16.6.
16.3
Vacancies allocated in accordance with seniority
Without limiting any other provision of this Employment Contract,
vacancies on aircraft types will be allocated in accordance with
clause 13 (seniority) and the Integration Award.
16.4
Requirement to remain on type for a minimum applicable
freeze period
A flight crew member allocated a vacancy which involves an
aircraft type endorsement may be required to remain on the new
type for his or her minimum applicable freeze period in accordance
with clause 13.6.4.
16.5
Reduction in numbers in a category at Sydney
16.5.1 Where there is a reduction in the number of flight crew
members in a category at Sydney, the Company will promulgate the
(a)
the number and category of surplus flight crew members
affected;
(b)
the dates from which reductions will be effective;
(c)
the names and seniority numbers of flight crew members
in the category affected by the surplus; and
(d)
base stations where vacancies in the category are
available.
16.5.2
The reduction will be effected in reverse order of
seniority of flight crew members in each category except that a
more senior flight crew member than those named in accordance with
clause 16.5.1 in the category may elect in writing to discontinue
his or her allocation.
16.5.3
In any event, a flight crew member affected by the
reduction may exercise his or her seniority:
111.
(a)
to bid for any category vacancy; or
(b)
to elect in writing to displace the most junior flight
crew member in any category at Sydney provided he or she will not
displace a flight crew member in a higher status unless the flight
crew member affected by the reduction would otherwise be demoted
to a lower status or have his or her services terminated.
16.6
A flight crew member cannot be assigned to a lower rated
aircraft except in an emergency
16.6.1
A flight crew member qualified on a lower rated aircraft
type but allocated to a higher rated aircraft type will not be
assigned to a vacancy on the lower rated aircraft type when a more
junior flight crew member can be trained for the vacancy.
16.6.2
Despite clause 16.6.1, in an emergency the most junior
flight crew member qualified on the lower rated aircraft type may
be required to operate on that type for a temporary period not
exceeding six months or until another flight crew member has been
trained for the vacancy, whichever is earlier. The flight crew
member can only be required to operate on the lower type for longer
than six months if the flight crew member consents.
16.7
Return of service limitation
The Company may deny a flight crew member's bid for transfer to
a higher rated aircraft type if, at the anticipated training
commencement date, the flight crew member would not be able to
provide the required 2 year return of service or as agreed between
the Company and the Association.
17. CONDITIONS ATTACHING TO THE APPOINTMENT OF SUPERVISORY FLIGHT
CREW AND CHECK/TRAINING FLIGHT CREW
Explanatory notes
Note 1:
Clause 17 includes a consolidation of provisions sourced from
LOAs 75, 76, 109A, 116, 126, 127, 133 and 134 (which are now
obsolete).
Note 2:
The parties acknowledge that the various supervisory and
check/training classifications have been changed as follows:
(a)
Category A, being base training qualified Captains and
FEOs and referred to as Training Captains Category A and Training
FEOs Category A (formerly known as SCCs and SCFEOs);
112.
(b)
Category B, being non-base training qualified Captains
and FEOs and referred to as Training Captains Category B and
Training FEOs Category B (also formerly known as SCCs and SCFEOs);
(c)
Category D, referred to as Training Captains Category
D and Training FEOs Category D (formerly known as Check and
Training Captains/FEOs);
(d)
Category E, referred to as Training Captains Category
E and Training FEOs Category E (formerly known as Training
Captains/FEOs);
(e)
Training First Officers ("TFOs").
However, for the purposes of this clause 17 and clause 24 (Pay
and Allowances for Supervisory Flight Crew and Check/Training
Flight Crew), the original classifications are referred to.
17.1
Supervisory flight crew members
Supervisory flight crew members are those flight crew members who
are selected at the Company's discretion for appointment to a
supervisory position and are classified by the Company as either
administrative or training supervisories. The various
supervisory classifications and the manner in which flying is
allocated to them are set out in this clause 17.1.
17.1.1
Administrative supervisory appointments
The following positions are classified as administrative
supervisory appointments:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
17.1.2
HOFO;
General Manager Flight Operations & Deputy Chief Pilot;
General Managers of each Fleet & Deputies;
Manager Flight Engineering & Chief Flight Engineer;
Managers or equivalent;
First Officers holding supervisory appointments;
FEOs holding supervisory appointments.
Training supervisory appointments
The following positions are classified as training supervisory
appointments:
(f)
Category A, being base training qualified Captains and
FEOs and referred to as Training Captains Category A and Training
FEOs Category A (formerly known as SCCs and SCFEOs);
(g)
Category B, being non-base training qualified Captains
and FEOs and referred to as Training Captains Category B and
Training FEOs Category B (also formerly known as SCCs and SCFEOs);
113.
(h)
Category D, referred to as Training Captains Category D
and Training FEOs Category D (formerly known as Check and Training
Captains/FEOs);
(i)
Category E, referred to as Training Captains Category E
and Training FEOs Category E (formerly known as Training
Captains/FEOs);
(j)
17.1.3
(a)
Training First Officers ("TFOs").
Allocating flying to supervisory flight crew members
Flying to be representative of normal flying patterns
(i) In each bid period, the Company will select from all known
flying, the flying that is to be allocated to supervisory flight
crew members (excluding SCC/SCFEOs) before the known flying is
made available for bidding to line flight crew members.
(ii) Pre-allocated flying to supervisory flight crew members will
be representative of normal flying patterns and will cover all
routes for which the relevant flight crew members are qualified.
(iii) The representative test to be applied will be as agreed
between the HOFO and the Association from time to time.
(b)
Quota of flying available to administrative supervisory
Captains
In respect of each bid period, administrative supervisory
Captains are entitled to:
(i) a quota of flying, the credited hours value of which is
calculated using the formula below:
Number of administrative supervisory Captains x (divisor + 5)
3
and
(ii) an additional quota of flying equivalent to the credited
hours value of up to three (3) proffer lines for the respective
aircraft type(s) if those lines are allocated under clause
27.4.3.
(c)
Quota of flying available to training supervisories
(i) In respect of each bid period, each SCC/SCFEO is entitled to
a quantum of flying allocated by TCAM, the credited hours value
of which is determined pursuant to clause 17.2.14(b).
114.
(ii) In respect of each bid period, TFOs are entitled to a quota
of flying the credited hours value of which is calculated using
the formula below:
Number of TFOs
x
3
(d)
Quantum
Officers
of flying available
divisor
to
administrative
First
In respect of each bid period, each administrative First Officer
is entitled to a quantum of flying not exceeding the credited
hours value of the bid period divisor divided by two (2).
(e)
FEOs
Quota of flying available to administrative supervisory
In respect of each bid period, supervisory FEOs are entitled to
a quota of flying, the credited hours value of which is calculated
using the formula below:
Number of administrative supervisory FEOs x 170
3
(f) Special flying available to supervisory flight crew members
The following types of flying are regarded as additional to that
allocated under sub-clauses 17.1.3(b) to (e) and are normally
available (but not exclusively) to supervisory flight crew
members:
(i)
ferry;
(ii)
publicity;
(iii)
route proving;
(iv)
test flights;
(v) flying associated with the introduction of new aircraft
types.
17.1.4
Open time flying
(a)
Quota flying for administrative supervisory flight crew
members becoming open time flying
Any flying allocated to supervisory flight crew members that
cannot be operated by them or by a check and training captain will
become open time flying, but will be debited against the quotas
of supervisory flying.
(b)
Allocating open time flying to administrative or training
115.
(i) Open time flying may be allocated to administrative or
training supervisory flight crew members in accordance with
clause 27.21.
(ii) If the Company requires a supervisory flight crew member to
fly a pattern of open time, the pattern must be allocated in
accordance with clause 27.21. If the allocation subsequently
results in a line flight crew member being displaced pursuant to
clause 27.22.2(f)(i), he or she will be pattern protected in
accordance with either clause 27.16.5(j) or clause 27.16.5(k).
17.1.5
Trading patterns
Supervisory flight crew members may trade patterns with:
(a)
a pattern line holder;
(b)
open time flying in accordance with clause 27.21
(Allocating open time flying) and clause 27.22.2(m) (Trading
patterns with open time flying); or
(c) other administrative or training supervisory flight crew
members provided any balancing of credited hours will be at no
additional cost to the Company.
17.2
Conditions attaching to appointment of Training
Supervisories i.e. SCC/SCFEOs (excluding TFOs)
17.2.1
Establishment number
(k) The Company is committed to provide a correct establishment
of appointed training supervisories (excluding TFOs) based on
each SCC/SCFEO being planned to conduct the simulator sessions
and additional ground training duties comprising a Ground
Training Block referred to in clause 17.2.11, plus sufficient
additional appointments to allow each SCC/SCFEO to rotate to the
line once per year.
(l) The determination of the number of appointments required will
be transparent and both parties agree to work together to achieve
an optimum establishment number. A review will be undertaken
every three (3) bid periods to monitor the required establishment
and the Association will be represented by at least one (1)
SCC/SCFEO representative.
17.2.2
Seniority
Seniority as determined under section 13 of the Agreement will
apply to all matters affecting SCC/SCFEOs except for
reinstatement following redundancy in clause 17.2.6(d).
17.2.3
Duties of SCC/SCFEOs
116.
A SCC/SCFEO is required to undertake the following duties as
approved by the Aviation Regulatory Authority:
(a)
training and checking duties in simulators;
(b)
training and checking duties in aircraft;
(c)
line flying in aircraft;
(d)
the conduct of training courses;
(e)
attendance at Company and industry meetings.
17.2.4
Appointment and Tenure
(a)
An appointment to the position of SCC/SCFEO will have a
tenure of two (2) years. This tenure may be extended at the
discretion of the General Manager Flight Operations Training
("GMFOT") and reduced by redundancy or lack of operational
suitability.
(b) A SCC/SCFEO may be required to operate as a SCC/SCFEO for two
(2) years after attaining the qualification, or two (2) years
after appointment for a paid base training qualification (i.e.
a two (2) year freeze period), before being eligible to be awarded
a vacancy on another aircraft type.
17.2.5
Resignation
(a)
A SCC/SCFEO intending to resign from the SCC/SCFEO
appointment at the end of his or her tenure will give one complete
bid period's notice in writing of that intention. The notice
period may be reduced by agreement between the flight crew member
and the GMFOT (or his/her designated deputy). It is not necessary
to resign before transferring to another aircraft type however
the two (2) year freeze period in clause 17.2.4(b) applies.
(b)
If, as a result of a resignation, it is necessary to train
a replacement SCC/SCFEO and the replacement is not readily
available to commence training, the notice period referred to in
clause 17.2.5(a) may be increased to a maximum of two (2) bid
periods, except where there are mass resignations.
(c)
Written resignations will be accepted in the order of their
receipt by the GMFOT.
(d)
Any dispute arising from this clause 17.2.5 will be
discussed between the SCC/SCFEO concerned and his/her Manager.
If the dispute is not resolved to the SCC/SCFEO's satisfaction,
the matter will be reviewed by the HOFO.
117.
17.2.6
Redundancy
(a) In the event of redundancy in the Flight Operations Training
Department (at the discretion of the GMFOT), the Company will
provide a SCC/SCFEO who is identified as being redundant with:
(i)
at least three (3) complete bid periods' notice prior to
the effective date of the redundancy; or
(ii)
pay (calculated under clause 24.3) for the equivalent
period in lieu of notice.
(b)
In the event of redundancy of SCCs, the GMFOT has discretion
to decide who will be made redundant.
(c)
With respect to redundancy of SCFEOs, redundancy will be
in reverse order of their appointment to the Flight Operations
Training Department.
(d)
If, after redundancy, a number of SCC/SCFEOs are
subsequently re-instated, their re-instatement will be made in
the order of their initial appointments as SCC/SCFEOs.
17.2.7
(a)
A SCC/SCFEO who is identified as being operationally
unsuitable to continue in his or her appointed position, will be
given one bid period's notice of termination of his/her
appointment as a SCC/SCFEO.
(b)
A SCC/SCFEO who is considered to be operationally
unsuitable will be advised by the GMFOT of the reasons why he/she
is considered to be unsuitable. The SCC/SCFEO is entitled to be
represented by the Association or other representative nominated
by the SCC/SCFEO in relation to the matter.
17.2.8
Annual leave
(a)
The Company will advise SCC/SCFEOs of their annual leave
entitlements, pro-rated as at 1 August each year in accordance
with clause 28.2 of this Agreement.
(b)
A list of fourteen (14) day leave periods available during
the twelve (12) months commencing on 1 August each year will be
advertised no later than 1 April in the same year.
(c)
Bidding for annual leave, indicating preferences for leave
periods, will close at 1000 on 1 May (or the next business day).
(d)
The Company will promulgate the allocation of leave no
later than 1 June each year.
118.
(e)
Annual leave may be assigned after the initial allocation
if insufficient bids are received.
(f)
Additional leave periods will be advertised and allocated
with sufficient time to allow allocation of leave four (4) weeks
prior to the commencement of any bid period if training and/or
SCC/SCFEO establishment permits.
(g) The Company will use every endeavour to honour any leave
awarded to a flight crew member prior to commencing his or her
appointment as a SCC/SCFEO, notwithstanding the period of leave
occurs during the supervisory appointment.
17.2.9
Long service leave
Pro-rata long service leave on termination of employment will be
calculated using the applicable percentage hourly rate of pay for
the accrued credited hours over the SCC/SCFEO's last 6 completed
bid periods (excluding any period of rotation to the line) if the
flight crew member holds the supervisory appointment at the time
of termination.
17.2.10
Construction, allocation & promulgation of rosters
(a)
Coincident with each bid period, the Company will provide
each SCC/SCFEO with a 56 day roster ("bid period roster")
comprising a Ground Training Block and Flying Block, with DDFDs
contained in each block.
(b)
The allocation of Ground Training Blocks will be published
(following bidding for them) within a time frame that adequately
allows a SCC/SCFEO to bid for flying (in the same manner that line
flight crew members bid for flying).
(c)
The Company will provide each SCC/SCFEO with a roster of
all known duties for the immediately ensuing bid period (in the
same manner that line flight crew members have their flying
promulgated) no later than 1700 on Monday of week 8 of each bid
period.
(d)
Ten (10) days prior to the commencement of each week, or
part week (commencing on Mondays) of a SCC/SCFEO's bid period
roster, the Company will provide details of known duties (such
as report times, simulator session details, patterns and general
administrative duties) via CIS no later than 1700 (i.e. by 1700
on each Friday occurring 10 days before the relevant week or part
week).
(e)
Where a SCC/SCFEO has annual or long service leave in a
bid period, the length and value of the Ground Training Block and
Flying Block will be scaled down proportionately.
119.
(f)
Preferences for simulator duties and times, training or
cyclic preferences, training/checking flights, reserve periods,
self-training days, practice simulator sessions, etc. may be made
specifically for each bid period or submitted as a "standing bid"
to be kept on file.
(g) Self-training days and practice simulators will be rostered
after consultation with the SCC/SCFEO following the allocation
of flying by TCAM. Any DDFDs infringed will be redesignated.
(h) Every attempt will be made to accommodate requests for
specific DDFDs within the constraints of the training program.
The maximum number of consecutive DDFDs that can be requested
are:(i)
(ii)
(iii)
one (1) group of six (6) days;
two (2) groups of three (3) days each;
three (3) groups of two (2) days each.
Requests for groups of DDFDs additional to those above may be
allocated after the initial allocation of DDFDs.
17.2.11 Ground Training Block construction
(a)
All SCCs/SCFEOs will be allocated a Ground Training Block
of 24 consecutive days each bid period.
(b)
A Ground Training Block is comprised of:
(i) twelve (12) duty days (comprising but not limited to simulator
sessions, route checks, base training, conducting courses etc.);
(ii) three (3) Reserve Days that may be used by the Company to
assign additional duties;
(iii)
eight (8) DDFDs; and
(iv)
one (1) Available Day.
(c)
SCC/SCFEOs can not be required to carry out two (2) rostered
duties commencing on the same calendar day except that a Training
Review Meeting may be scheduled to take place before or after a
simulator session. If a Meeting is scheduled, a meal break of up
to one (1) hour may be taken.
(d)
Two consecutive "late night" simulator sessions (i.e.
sessions with simulator start times prior to 0700 or finish times
after 2300) can not be allocated to a SCC/SCFEO.
(e)
Following a duty, a SCC/SCFEO is entitled to a MBTT of
at least twelve (12) hours unless otherwise agreed between the
120.
Company and the SCC/SCFEO. For simulator duties, this is based
on the planned briefing and de-briefing times.
17.2.12
Reserve Days
(a)
Three (3) Reserve Days will be allocated to each SCC/SCFEO,
within the Ground Training Block.
(b)
it.
A Reserve Day may have pre-planned duties allocated to
(c)
A
practical
agrees to
a minimum
simulator
duty.
17.2.13
SCC/SCFEO on a Reserve Day will be given the maximum
notice of any work assignment and, unless he or she
accept a lesser period of notice, will be entitled to
eight (8) hours' notice for a cyclic or recency
session and twelve (12) hours' notice for any other
Maintaining personal flying standard
SCC/SCFEOs will have adequate access to all training facilities
to ensure that they maintain their personal flying standard to
the requisite standard. To assist in maintaining the requisite
standard, at least one (1) four-hour simulator session (which may
be shared with another SCC/SCFEO) will be rostered annually for
each SCC/SCFEO, if requested.
17.2.14
Flying Block construction
(a)
A Flying Block is the period outside the Ground Training
Block within a bid period.
(b)
The objective number of credited hours to be achieved in
a Flying Block per bid period is 86 (i.e. 170 credited hours less
the value of the Ground Training Block) except that, with respect
to the B767 aircraft type, the objective number of credited hours
to be achieved in a Flying Block per bid period is 80, subject
to clause 17.2.19(d).
(c)
A Flying Block may contain self-sector flying, flying
training and/or checking, self-training and additional duties as
well as fifteen (15) DDFDs.
(d)
Flying will be allocated to the standard window of hours.
(e)
SCCs/SCFEOs can bid for flying to be carried out during
a Flying Block in the same manner that flight crew members bid
for flying, subject to the provisions of this clause 17.2.14. For
the purposes of this clause, a SCC/SCFEO will be deemed to be a
PLH.
17.2.15 Self-sector flying
121.
(a)
Minimum entitlement to self-sector flying
A SCC/SCFEO is entitled to be scheduled for a minimum of thirty
(30) sectors of flying per six (6) bid periods, to be used for
the purpose of his or her personal flying ("self-sector flying").
The Company will use every endeavour to schedule a SCC/SCFEO for
a minimum of five (5) sectors of self-sector flying each bid
period.
(b)
Exclusions
Self-sector flying:
(i) does not comprise planned training, sectors flown as
'support' pilot, sectors flown as pilot flying in order to provide
support on training flights, support training or recency
requirements for other flight crew members; and
(ii) cannot be used for purposes other than personal flying unless
notified otherwise by the Company at least three (3) days before
departure (or as agreed between the SCC/SCFEO and the Company).
(c)
Reviewing self-sector flying
Every second bid period, self-sector flying for each SCC/SCFEO
will be reviewed to check that ten (10) sectors of self-sector
flying have been flown ("the threshold criteria"):
(d)
Adjusting self-sector flying
If the threshold criteria in sub-clause 17.2.15(c) is not met,
a correction in the bid period immediately following the review
will be attempted subject to the Flight Operations Training
Department training program. The self-sector threshold criteria
does not apply during any agreed introduction period for new
aircraft types.
(e)
Rotation to the line counts as 5 sectors of self-sector
flying
Any rotation to the line will count as five (5) sectors of
self-sector flying for that bid period.
(f)
Leave reduces the threshold criteria
Every two (2) weeks of leave reduces the threshold criteria in
sub-clause 17.2.15(c) by one (1) sector.
17.2.16
(a)
Designated Duty Free Days ("DDFDs")
Entitlement
122.
(i) Twenty-three (23) DDFDs ("the standard DDFD entitlement")
will be scheduled in a bid period roster, eight (8) of which will
be scheduled in the Ground Training Block and fifteen (15) of
which will be scheduled in the Flying Block.
(ii) Where a SCC/SCFEO takes annual or long service leave in a
bid period, the standard DDFD entitlement will be pro-rated
accordingly.
(b)
Infringement
(i) DDFDs may be infringed when, due to disruptions or delays,
no other SCC/SCFEO is available to undertake a duty. DDFDs so
infringed will be moved to commence at midnight on the next
Available Day following the duty, or to a mutually agreed
alternative date.
(ii) Where, despite the redesignation of DDFDs under subclause
17.2.16(b)(i), a SCC/SCFEO does not receive 23 DDFDs in a bid
period, the shortfall will be scheduled in the immediately
ensuing bid period in addition to the standard DDFD entitlement.
17.2.17
(a)
Contactability
On last DDFD before an Available Day
Contactability requirements as specified in clause 27.18.5 must
be observed by a SCC/SCFEO on each last DDFD or day of leave before
an Available Day.
(b)
Day before a Reserve Day
Contactability requirements in clause 27.18.5 must be observed
on each day prior to a Reserve Day not containing pre-allocated
duties.
(c)
Flying duty removed (with requirement to offset shortfall
in credited hours)
Where a SCC/SCFEO is removed from a flying duty (other than flying
associated with the conducting of route checks/base training) and
the Company requires any resulting shortfall in credited hours
to be offset, he or she will comply with the contactability
requirements in clause 27.18.2.
17.2.18 Rostering Changes
(a)
The Company must give at least one (1) calendar day's notice
of a rostering change (unless otherwise agreed between the
Company and a SCC/SCFEO) except that:
123.
(i) for cyclic or recency sessions, the minimum period of notice
may be reduced to eight (8) hours; and
(ii) for other training duties, the minimum period of notice may
be reduced to twelve (12) hours.
(b)
Any duty days cancelled during the Ground Training Block
with more than twelve (12) hours' notice may be rescheduled as
duty days during the Ground Training Block.
(c)
The Company may cancel duties at any time, but where a
SCC/SCFEO receives less than twelve (12) hours' notice, the duty
will be paid as if it had been performed.
(d)
Subject to the provisions in sub-clause 17.2.18.(e), if
a pattern of flying is cancelled or disrupted (other than flying
associated with conducting route checks/base training) the
Company may allocate:
(i) alternative flying duties (other than flying associated with
conducting route checks/base training) within the Flying Block;
or
(ii) ground training duties (comprising but not limited to
simulator sessions, route checks, base training, conducting
courses etc.) within the period of the original pattern,
to offset the credited hours value of the cancelled or disrupted
pattern (by assigning one duty if the credited hours value is 25
or less, or two duties if the credited hours value is greater than
25).
(e)
The parties acknowledge that it is the intention that any
flying shortfall will be replaced with flying, where possible.
Further, the assignment of duties pursuant to sub-clause
17.2.18(d) is subject to the following conditions:
(i) the assignments) must not project the SCC/SCFEO to exceed 170
hours or his or her personal divisor, whichever is greater; and
(ii) in the case of a pattern of flying that is disrupted, subclause 17.2.18(d) will not apply (i.e. no offset is required) if
85% of the original pattern value was achieved.
(f)
If a pattern of flying is downline disrupted and as a result
incurs an increase in credited hours, the SCC/SCFEO may, within
thirty-six (36) hours of completion of the pattern, either retain
the hours or relinquish other duties to return to the value of
his or her bid period roster prior to the disruption occurring.
124.
(g)
Additional flying duties may be allocated to a SCC/SCFEO
in accordance with clause 27.21 (Allocating open time flying).
(h) A SCC/SCFEO can not be allocated more than two (2) additional
days of duty (excluding self-training days) attracting
additional credited hours exceeding 170 hours or personal divisor
(whichever is greater) where another SCC/SCFEO who has been
allocated less than two (2) such duties is available and has
expressed an interest in carrying out an additional duty.
17.2.19 Credited hours
(a)
Ground Training Blocks and Flying Block combined
The objective number of credited hours to be achieved per bid
period (being the combined credited hours of the Ground Training
Block and the Flying Block) is 170.
(b)
Company can assign duties up to 170 credited hours or
personal divisor (whichever is greater)
Each bid period, the Company can assign duties up to 170 credited
hours or a SCC/SCFEO's personal divisor, whichever is greater.
(c)
Annual/long service leave
Each day of annual or long service leave will attract a credited
hours value of 170 divided by 56.
(d)
A Ground Training Block will have a guaranteed value of 84
credited hours, except that, with respect to the B767 aircraft
type, the value will be 90 credited hours, subject to clause
17.2.19(g)(ii).
(e)
(i)
Duty days
Duty days in the Ground Training Block attract six (6) credited
hours (active credit) or the value determined under clauses
27.15.3 to 27.15.6 inclusive, whichever is greater.
(ii)
Flying Block
Duty days in the Flying Block attract credited hours determined
under clauses 27.15.3 to 27.15.6 inclusive (but simulator
sessions, conducting courses etc. and flying associated with the
conducting of route checks/base training attract six (6) credited
hours (active credit) or the value determined under clauses
27.15.3 to 27.15.6 inclusive, whichever is greater).
125.
(f)
Additional assigned duty days
In addition to allocating 170 credited hours, the Company can
assign up to two (2) additional duty days each bid period to a
SCC/SCFEO. If the Company assigns one (1) additional duty, it will
attract (on a passive credit basis) six (6) credited hours or the
value determined under clauses 27.15.3 to 27.15.6 inclusive,
whichever is greater. If the Company assigns a second additional
duty, it will attract a double payment of the applicable credit.
(g)
Reserve Days
With respect to the B767 aircraft type, Reserve Days attract four
(4) credited hours (active credit) per day. Where duties are
allocated, the difference between the actual credited hours value
calculated as for a duty day under clause 17.2.19(e) and the
Reserve Day credit will be paid as a passive credit.
(h)
Presenting at ground training courses
A SCC/SCFEO acting as a presenter at a ground training course will
accrue three (3) credited hours per day (passive credit) in
addition to the duty day credit of six (6) hours.
(i)
Training Review Meetings
Subject to clause 17.2.11(c), any duty time in excess of eight
(8) hours will attract an additional one (1) credited hour
(passive credit) for each hour (or part hour), noting that where
a meal break is taken, the duty time will be correspondingly
reduced.
17.2.20 Payment for extended briefing and debriefing times
(a)
Extended briefing
The Company may extend the briefing times for simulator sessions.
A SCC/SCFEO is entitled to be paid for each minute of planned
briefing time extending beyond 45 minutes.
(b)
Extended debriefing
A SCC/SCFEO may be entitled to extra payment for up to 15 minutes
of additional debriefing time extending beyond the standard
debriefing limit of 15 minutes. The entitlement in this
sub-clause applies to:
(i) any promotional training session where the trainee is rated
2 or less (except where the rating reflects a repeat of any
sequences and the sequence is completed to the required
standard);
126.
(ii) cyclic sessions where a flight crew member is rated 2+ or
less (except where the rating reflects a repeat of any sequences
and the sequence is completed to the required standard); and
(iii) combined development/cyclic sessions for Second Officers,
as nominated by the Company.
17.2.21 Rotation to the line
(a) A SCC/SCFEO is entitled to rotate to the line for a full bid
period at least once every six (6) bid periods, subject to clause
17.2.1(a). The timing of the rotation will be at the Company's
discretion depending upon any increased training requirements
but in any event the time between two rotations for each SCC/SCFEO
will not exceed 12 bid periods (unless the SCC/SCFEO agrees
otherwise) and the opportunity to rotate back to the line will
be made available as soon as possible after the entitlement to
rotate accrues.
(b)
Twelve (12) weeks prior to the commencement of each bid
period, the Company will allocate the available "rotation to the
line" vacancies except that:
(i) A SCC/SCFEO will not be allocated more than one (1) rotation
vacancy in a cycle of any six (6) consecutive bid periods ("cycle")
if another SCC/SCFEO who has not been allocated a rotation bids
for a rotation in that cycle;
(ii) Within each cycle and with respect to each aircraft type,
a SCC/SCFEO who has already been assigned a rotation (or rotations)
will not be assigned a further rotation until all more senior
SCC/SCFEOs have been assigned a rotation (or an equivalent number
of rotations).
(c)
A SCC/SCFEO who rotates to the line will be allocated a
pattern line for the first rotation in any cycle. For any
subsequent rotation in the cycle, a SCC/SCFEO may be allocated
a blank/reserve line subject to clause 27.6.
(d)
At the Company's discretion, SCC/SCFEOs may rotate to the
line more frequently or for longer periods than is permitted under
clause 17.2.21(a), subject to clause 17.2.2l(b)(i).
17.3 Conditions attaching to appointment of Check and Training
Captains ("CTCs")
17.3.1
Duties of CTCs
A Captain who is appointed by the Company and approved by the
Aviation Regulatory Authority as a CTC may be allocated duties
by the Company including:
127.
(a)
training and checking duties in aircraft;
(b)
line flying in aircraft; and
(c)
conducting final and pre-final command checks and final
sectors of First Officer training.
17.3.2
Line training
mutually exclusive
duties
& checking duties are
not
Nothing precludes a CTC who has been allocated to line training
duties, from carrying out checking duties. Likewise, nothing
precludes a CTC who has been allocated to checking duties, from
carrying out line training duties.
17.3.3
Requirement to carry out training/checking duties
A flight crew member holding a CTC appointment is required to
undertake training as directed by the Company except for the
maintenance of recency. A flight crew member holding a CTC
appointment is entitled to a minimum of 30 sectors self-flying
per annum.
17.3.4
Appointment and tenure
An appointment to the position of CTC will have a tenure of two
(2) years. The flight crew member may be required to operate as
a CTC for two (2) years after attaining the qualification before
being eligible to be awarded a vacancy on another aircraft type.
This tenure may be extended at the discretion of the General
Manager Flight Operations Training ("GMFOT") and reduced by
redundancy or lack of operational suitability.
17.3.5
Resignation (as per clause 17.2.5)
17.3.6
Redundancy (as per clause 17.2.6)
17.3.7
Operational suitability (as per clause 17.2.7)
17.3.8
Check and Training Captains may be allocated a fixed roster line
pursuant to the provisions of 27.6.1 with the balance of his/her
pattern line being allocated in accordance with clause 27. A
Check and Training Captain will have a component of ‘self flying’
each bid period.
3
17.3.9
Where training is scheduled for a particular fleet, the Company
may create a separate leave pool for Check and Training Captains
and Training Captains for that fleet pursuant to the provisions
of clauses 28.7.4 and 28.8.3.
128.
17.4
Conditions
attaching
Training Captains/FEOs
17.4.1
to
appointment
of
Duties of Training Captains/FEOs
A Training Captain/FEO who is appointed by the Company and
approved by the Aviation Regulatory Authority as a Training
Captain/FEO may be allocated duties by the Company including:
(a)
promotional training second officers to first officer in
aircraft in the case of Training Captains;
(b)
training TSOs and FEUITs on FEO duties in aircraft in the
case of a Training FEOs; and
(c)
line flying in aircraft.
17.4.2
Training Captains may be allocated a fixed roster line pursuant
to the provisions of 27.6.1 with the balance of his/her pattern
line being allocated in accordance with clause 27. A Training
Captain will have a component of ‘self flying’ each bid period.
17.4.3
Where training is scheduled for a particular fleet, the Company
may create a separate leave pool for Check and Training Captains
and Training Captains for that fleet pursuant to the provisions
of clause 28.7.4 and 28.8.3.
17.5
Conditions attaching to appointment of TFOs
17.5.1
Duties of TFOs
A TFO who is appointed by the Company and approved by the Aviation
Regulatory Authority as a TFO may be allocated duties by the
Company including:
(m)
(n)
(o)
(p)
(q)
training TSOs, Second and First Officers in simulators;
checking Second Officers in simulators;
attendance at Company meetings.
17.6
Conditions
attaching
Second Officers ("TSOs")
17.6.1
to
appointment
of
Training
Duties of TSOs
A Second Officer who is appointed by the Company as a TSO may be
allocated duties including:
129.
(a)
(b)
(c)
(d)
training TSOs and Second Officers in simulators;
attendance at Company meetings.
17.6.2
Allocating flying to TSOs
(r) In respect each bid period, each TSO is entitled to a quantum
of flying not exceeding the credited hour value of the bid period
divisor divided by two (2).
(s) A TSO will be pre-allocated flying before the known flying
is made available for bidding to line flight crew members.
Patterns selected will be representative of normal flying
patterns and will cover all routes for which the relevant TSO is
qualified.
(t) The representative test to be applied will be as agreed
between the HOFO and the Association.
17.7
Conditions attaching to appointment of administrative
Second Officers
17.7.1
Appointment
The Company may
positions.
17.7.2
appoint
second officers to
administrative
Allocating flying to administrative Second Officers
(u) In respect each bid period, each administrative second
officer is entitled to a quantum of flying not exceeding the
credited hour value of the bid period divisor divided by two (2).
(v) An administrative second officer will be pre-allocated flying
before the known flying is made available for bidding to line
flight crew members. Patterns selected will be representative of
normal flying patterns and will cover all routes for which the
relevant administrative second officer is qualified.
(w) The representative test to be applied will be as agreed
between the HOFO and the Association.
17.8
for
Impact
of 28
day/calendar
month
B767 domestic operations (refer LOA162A)
bid
periods
Parties to review.
18.
SUPPLY OF AGREEMENT
A printed copy of this Agreement (and any amendments to it
including Letters of Agreement) will be issued by the Company to:
130.
18.1
all flight crew members in its employ as soon as
practicable after the date the Agreement comes into operation;
and
18.2
all newly appointed flight crew members upon appointment
with the Company.
19. ACCESS TO PERSONAL RECORDS
Explanatory note:
Clause 19 is to be read in conjunction with
clauses 9.13 (Procedure for disciplinary matters) and clause
9.16.1 (Procedural fairness).
19.1.
The Company will upon request arrange for a flight crew
member to inspect his or her personal file and/or training file
during normal office hours. With the written consent of a flight
crew member, a representative of the Association is entitled to
inspect the flight crew member's personal file and employment
record.
19.2. If any adverse comment which, in the opinion of the Company,
is liable to be detrimental to the flight crew member concerned,
is to be placed on that flight crew member's personal file, the
Company will notify the flight crew member and furnish the flight
crew member with a copy of such document and the flight crew member
will have the right to place on the file any written comment
relating to the matter.
20.
LOSS OF LICENCE INSURANCE
Explanatory Note:
Clause 20 is to be read in conjunction with the Loss of Licence
Insurance Plan distributed for reference purposes only.
The Company will maintain the Loss of Licence Insurance Plan
applicable as at 1 November 2004, and subject to the agreed
variations in clause 3 of Section C.
21.
FLIGHT CREW MEMBER INDEMNITY AND RELEASE
21.1.
The Company indemnifies and will keep each flight crew
member indemnified against all claims and demands whether made
during or after the period of the flight crew members employment
by any other employee of the Company, by any passenger on any
aircraft operated by the Company or by any person whatsoever (and
including in each case any claim or demand by the legal personal
representative of any such person) for any loss, damage or expense
incurred or suffered by any such person as a result of:
131.
21.1.1
the loss of or any damage to any property of any person
(whether or not the person making the claim); or
21.1.2
the death of or any injury to any person (whether or
not the person making the claim),
caused or contributed to by any act or omission of the flight crew
member while engaged in the performance of the duties of the
flight crew members employment.
21.2.
The Company releases and discharges each flight crew
member from all claims and demands the Company may have whether
during or after the period of the flight crew members employment
for any loss, damage or expense incurred or suffered and any other
sum otherwise payable as a result of:
21.2.1.
or
the loss of or any damage to any properly of the Company;
21.2.2.
any claim made or proceedings brought against the
flight crew member or the Company of the kind described in
sub-clause 21.1,
caused or contributed to by any act or omission of the flight crew
member while engaged in the performance of the duties of the
flight crew members employment.
21.3.
The releases and indemnity given by the Company to each
flight crew member under subclauses 21.1 and 21.2 do not extend
to an claim arising from the loss of or damage to any property
or the death of or injury to any person caused wilfully by the
flight crew member unless necessitated by circumstances
reasonably beyond the control of the flight crew member.
21.4.
The benefit of the releases and indemnity given by the
Company to each flight crew member under subclauses 21.1 and 21.2
extends to the legal and personal representative of the flight
crew member and each beneficiary of the flight crew members
estate.
22.
RE-EMPLOYMENT AFTER MEDICAL TERMINATION
22.1
Application for re-employment
A flight crew member:
22.1.1
whose services were terminated as a result of the
flight crew member's licence being cancelled or not renewed by
the Aviation Regulatory Authority; and
132.
22.1.2
who, within 4 years following termination of employment
with the Company, is medically cleared by the Aviation Regulatory
Authority for the issue of an Airline Transport Pilot Licence or
Flight Engineer's Licence; and
22.1.3
who, at the date of being medically cleared by the
Aviation Regulatory Authority, meets the criteria agreed between
the Company and the Association.
may, within 3 months from the date of being medically cleared by
the Aviation Regulatory Authority, apply in writing for
re-employment with the Company subject to the provisions of this
clause 22.
Despite the provisions of 22.1.2, the Company may, at its
discretion, extend the period during which a flight crew member
may be medically cleared from four to a maximum of seven years.
22.2
Flight crew member may be required to satisfy a Medical
Board of Review as to fitness to fly
Despite being medically cleared by the Aviation Regulatory
Authority, the Company may require a flight crew member to satisfy
a Medical Board of Review as to his or her fitness to resume
operating as a flight crew member with the Company. The Medical
Board of Review will comprise three qualified medical specialists,
one appointed by the Company, one by the Association and one by
the flight crew member, with all associated costs to be paid by
the flight crew member. Any decision by majority of the Medical
Board of Review will be final and binding on the flight crew member,
the Association and the Company.
22.3
Procedure for assessing application for re-employment
22.3.1
The Company may reject an application for re-employment
if, in the Company's opinion, there are genuine grounds for
rejection.
22.3.2
At the Association's request, the Company will confer
with the Association on the matter and make available the
individual's previous record of employment.
22.3.3
If the Association agrees with the Company's view
that the flight crew member ought not be re-employed, the flight
crew member's application will be rejected.
22.3.4
If the Association disagrees with and disputes the
Company's rejection, the parties will confer in an attempt to
resolve the dispute.
133.
22.4
22.4.1
Re-employment subject to certain conditions
Change in category for specified period or permanently
After conferring in an attempt to resolve the disagreement
between them about the Company's rejection of an application for
employment, the Company and the Association may agree upon
reemployment of the flight crew member under certain specified
conditions which may include employment (either for a specified
period, or permanently) in a category lower than the category
which the flight crew member held prior to termination with the
Company.
22.4.2
Re-employment must be within six months of agreement
Where agreement is reached between the parties in favour of reemployment, the flight crew member will be re-employed as soon
as practicable but, in any event, within six months from the date
of the parties reaching agreement
22.4.3
Consequences if the Company and the Association cannot
agree upon re-employment
If, despite consultation with each other, the Company and the
Association are unable to reach agreement upon re-employment of
a flight crew member, the Company will, in the case of a pilot,
reemploy the flight crew member in the status below the status
the pilot held prior to termination (and in the case of a FEO,
the FEO will be re-employed as an FEO) and in either case he or
she will remain in that status for a maximum probationary period
of 18 months and the Company will review the flight crew member's
performance at intervals of not more than 6 months.
22.5
Flight crew member re-employed under clause 22 but not
cleared for promotion/type transfer training
22.5.1. Where a flight crew member re-employed under this clause
22 has not been cleared for training for promotion and/or transfer
to another aircraft type, the provisions of clause 38 will not
apply, but the flight crew member's case will be referred to an
assessment meeting, not being a Pilot Assessment Committee or FEO
Assessment Committee, to assess the flight crew member's
suitability for training, having regard to:
(a)
flight training reports and Captains' confidential crew
reports;
(b)
committee members' personal knowledge of the flight crew
member and/or the personal knowledge of any other training
Captain or senior check FEO called upon to assist the committee;
134.
(c)
the flight crew member's performance over the previous
five years of Company employment and, where it is considered
helpful, the flight crew member's earlier record;
(d)
the flight crew member's flight management performance,
conduct and discipline; and
(e)
any written representation by the flight crew member
provided to the committee for its consideration.
22.5.2.
The assessment meeting will comprise four Company
operational representatives (one of whom will act as Chairperson)
and four members appointed by the Association (and those
Association-appointed members will be Senior Check Captains or
Check and Training Captains or Senior Check FEOs employed by the
Company).
22.5.3. The findings of the assessment meeting will be provided
to the HOFO who will decide the matter.
22.6
Company's discretion to clear a flight crew member to bid
for a higher category at any time
Nothing in clauses 22.3, 22.4 or 22.5 will prevent the Company
from clearing a flight crew member to bid for a higher category
at an earlier time.
22.7 Application of this Certified Agreement to a re-employed
flight crew member
Once re-employed under this clause 22, a flight crew member will
be bound by the obligations, and entitled to the all of the
benefits, contained in this Agreement subject only to the
specific limitations arising out of clauses 22.4.1, 22.4.3 and
22.5.
22.8
22.8.1
Status upon re-validation
Captain revalidated as a First Officer
If a flight crew member was a Captain prior to termination, the
flight crew member will be revalidated as a First Officer. Upon
successful completion of the revalidation, and subject to
satisfying the requirements of the Company assessment committee,
the flight crew member will be eligible to bid for promotional
and aircraft type vacancies provided that the training for any
such vacancy does not commence prior to the flight crew member
having completed a minimum of six months' experience on the line,
measured from the date of clearance to the line (unless the
Company has exercised its discretion to reduce the six months'
experience requirement).
135.
22.8.2
First Officer revalidated as Second Officer
If a flight crew member was a First Officer prior to termination,
the flight crew member will be revalidated as a Second Officer.
Upon successful completion of the revalidation, and subject to
satisfying the requirements of the Company assessment committee,
the flight crew member will be eligible to bid for promotional
and aircraft type vacancies provided that the training for any
such vacancy does not commence prior to the flight crew member
having completed a minimum of six months' experience on the line,
measured from the date of clearance to the line (unless the
Company has exercised its discretion to reduce the six months'
experience requirement).
22.8.3
Second Officer revalidated as Second Officer
If a flight crew member was a Second Officer prior to termination,
the flight crew member will be revalidated as a Second Officer
and operate in that capacity for a minimum period of six months
unless the flight crew member is cleared by the Company to take
up a vacancy at an earlier date.
22.8.4
FEO revalidated as FEO
If a flight crew member was a FEO prior to termination, the flight
crew member will be revalidated as a FEO.
22.8.5
application
Re-employment within six months of written
A flight crew member will be re-employed under clause 22 as soon
as practicable but within six months from receipt of the written
application for re-employment.
22.9
Seniority
A flight crew member re-employed in accordance within this clause
22 will be given the relative seniority position held on the
pilots' seniority list or FEOs' seniority list at the time of
termination under clause 26.6.2.
22.10 Pay
A flight crew member re-employed under this clause 22 will be paid
the rate of pay appropriate to the category in which he or she
operates and the years of service as a flight crew member with
the Company (which will include the years of service accrued as
a flight crew member with the Company prior to medical
termination). Upon re-employment, the applicable year of service
under clause 23 will be the year of service for which the flight
crew member was paid prior to termination for the purpose of the
total hourly rate of pay for all purposes of this Agreement.
136.
22.11
Date of joining superannuation fund
A flight crew member who is re-employed by the Company under this
clause 22 will, subject to the rules of the superannuation plan,
become a new member of the superannuation plan from the date of
re-employment.
22.12
Loss of Licence
Loss of licence insurance cover for a flight crew member
re-employed under this clause 22 will be as agreed between the
Company, the insurer and the Association. Unless all parties
agree, loss of licence will not be provided to the flight crew
member.
22.13 Company may defer re-employment where re-employment would
create a surplus
The re-employment of a flight crew member under this clause 22
may be deferred in circumstances where flight crew member
recruitment is suspended and re-employment would create a surplus.
In the case of deferment, the four year period set out in clause
22.1.3 will be extended by the period of deferment and, when
flight crew member recruitment resumes, the flight crew member
will be re-employed before any other person is employed as a
flight crew member.
22.14
Staff Travel
Staff-travel privileges following reemployment after medical
termination will be retained in accordance with the status held
at the time of termination adjusted for years of service.
137.
PART 5 - PAY AND RELATED MATTERS
23.
CLASSIFICATIONS AND PAY RATES
23.1
Definitions for pay clauses
For the purposes of this clause 23:
23.1.1 years of service as a FEO means years of service as a FEO
with the Company, except for those FEOs who, by agreement with
the Company, were given other incremental service dates on
appointment with the Company; and
23.1.2 years of service as a pilot means service as a pilot with
the Company excluding service as a TSO.
23.2
Calculating pay for each bid period
Except as provided elsewhere in this Employment Contract, a
flight crew member will be paid the greater of:
23.2.1
The number of credited hours accrued by the flight
crew member in a bid period; and
23.2.2
MGH,
calculated at the applicable line hourly rates of pay.
23.3
Pay increase and A380 rate of pay
23.3.1
Four (4) increases as specified below will apply to the
line hourly rates of pay and TSO rate of pay, effective from the
following dates:
1 January 2007 - 3% increase to the 26 December 2005 rate
in Schedule 4;
1 January 2008 - 3% in addition to the rate at 1 January 2007;
1 January 2009 - 3% in addition to the rate at 1 January 2008;
1 July 2010 - 3 % in addition to the rates as set out in the
tables at 23.4.3 – those rates are detailed at the table at
clause 23.4.4.
The first three increases, up to the commencement of the first
full pay period after this variation comes into effect, in respect
of service in long haul, will be paid retrospectively as back-pay.
Back pay will be paid to all long haul flight crew members who
are employed under this Agreement on the day that the application
to vary and extend this Agreement becomes operative. The
applicable superannuation adjustment will also apply.
The back pay will be paid as soon as practicable on or after the
date upon which this varied Agreement becomes operative, provided
138.
that back-pay for Bid Periods 248 [2485], 255 [2551] and 261 [2615]
will be calculated and paid on a pro-rata basis.
Pro-rata basis in this clause means that the 3% adjustment for
the relevant part of the Bid Period 248 [2485] will be based on
21
/56th [21/28th ] of the line hourly rate due for Bid Period 248
[2485], the further 3% adjustment for the relevant part of Bid
Period 255 [2551] will be based on 48/56th [20/28th ] of the line
hourly rate due for Bid Period 255 [2551] and the further 3%
adjustment for the relevant part of bid period 261 [2615] will
be based on 18/56th [18/28th ] of the line hourly rate due for Bid
Period 261 [2615].
23.3.2 The A380 fleet will be paid a rate of pay set by increasing
the B744 rate (as at 1 January 2008) by 5% provided that this 5%
margin will not apply to the second officer line hourly rates of
pay for Year 1 or for the first 6 months of Year 2. This pay rate,
including any period of back pay, will come into effect:
a)
on the 20th October 2008 for those flight crew members that
receive their accreditation (i.e.. successfully complete
the final simulator check) prior to the first commercial
operation on the 20th October 2008, otherwise
b)
in accordance with clause 26.4.
23.4
Increment Restructure
23.4.1 Consequent on the retirement of the B747-300 the
increments and corresponding points in the table at 23.4.3 apply
from 15 August 2009.
23.4.2 Years of service when used in the tables at 23.4.3 and
23.4.4 refers to years of service as a pilot employed either under
this Agreement (or a predecessor Agreement) or the Qantas Airways
Limited Flight Crew (Short Haul) Workplace Agreement 2007 (or a
predecessor Agreement).
139.
23.4.3 – Pay table effective 15 August 2009
140.
24.4.4
Pay table effective 1 July 2010
141.
23.5
Salary Sacrifice
23.5.1 A flight crew member may voluntarily receive part of
pre-tax remuneration he/she is entitled to under this Agreement
in the form of agreed salary sacrifice items (including
superannuation) where this is permitted under and is done in
accordance with Company Policy as varied from time to time. Any
arrangements entered into between the flight crew member and the
Company in accordance with this clause must be recorded in
writing.
23.5.2 The Company will provide a facility enabling Captains to
salary sacrifice for motor vehicles with a purchase price above
the “luxury vehicle” limit as prescribed by the ATO.
24.
PAY
AND
ALLOWANCES
FOR
AND CHECK/TRAINING FLIGHT CREW
SUPERVISORY
FLIGHT CREW
Explanatory note:
This clause 24 is to be read in conjunction with:
•
the definitions for Element 1, Element 2 and Element 5
contained in clause 7 (Definitions) except that, with
respect to Supervisory flight crew members, the calculation
of Element 1 is qualified by further provisions in clause
24.1.4;
•
Note 2 in the Explanatory notes at the commencement of clause
17.
24.1
24.1.1
of pay
Pay calculations
Percentages to be added to applicable line hourly rates
The applicable line hourly rates of pay (in clause 23) for flight
crew members holding administrative and/or check/training
appointments are increased by the following percentages which
apply for the duration of the tenure of appointment, regardless
of the type of duty undertaken (and are referred to as "applicable
percentage hourly rates of pay"):
Qualification
Percentage added to
applicable line hourly
rate
Senior Check Captain/Senior Check FEO Base 12%
Training qualified (Category A)
Senior Check Captain/Senior Check FEO
10%
(Category B)
Check & Training Captain Pre-Final & Final 7%
Command Check qualified (Category D)
Check & Training Captain (Category D)
6%
142.
Training Captain/Training FEO (Category E) 4%
Training First Officer
24.1.2
8%
Credited hours basis for payment of percentage
Any payment which has a credited hours basis is paid at the
applicable hourly rate plus the applicable percentage under
clause 24.1.1.
24.1.3
Additional flight duty payments
The percentage increments detailed in clause 24.1.1 will not
apply to additional flight duty payments.
24.1.4
Pay Elements
(a)
Element 1A: An additional flight duty payment as defined
in clause 7 of this Agreement, but calculated as the average of
additional flight duty payments ("AFDP") of the top 25% of pattern
line holder AFDP earners for the respective rank on each
applicable aircraft type. The average is to be calculated by
reference to the AFDP earned over the entirety of the immediately
preceding 8 [4] week bid period.
(b)
Element 1B: Payment for creep as defined in clause 7 of
this Agreement. On Day 29 of each bid period, 170 hours will be
subtracted from the average of the accrued credited hours for each
PLH for the respective rank on each aircraft type in the previous
bid period. The difference will be paid in the Day 29 pay period
and will not be a negative adjustment.
(c)
Element 2: A pro-rata payment at the applicable percentage
hourly rate(s) of pay for personal training, based on the number
of personal training sessions for the respective aircraft type
per annum, multiplied by MDC and divided by 26.
(d)
Element 5: Payment to partially compensate for loss of
ability to accrue traveling allowances. Element 5 is calculated
by multiplying ODTA by 2.5 and is paid each pay period, as an
"advance" against a guaranteed minimum annual ODTA amount for 133
days ("the guaranteed annual ODTA amount"). At the end of each
financial year, an adjustment is made against the guaranteed
annual ODTA amount. If the annual total of the amounts of ODTA
actually paid each pay period for duties plus Element 5 are less
than or more than the guaranteed annual amount, an adjustment will
be made to either pay the shortfall or recover any overpayment.
143.
24.1.5
Superannuation salary
A SCC/SCFEO's salary for superannuation purposes will be in
accordance with the definition of superannuation salary under the
Qantas Superannuation Plan Trust Deed and Rules ("the Plan"),
having regard to the SCC/SCFEO's applicable Division in the Plan,
plus the applicable allowance as determined by the Company or the
applicable percentage specified in the table in clause 24.1.1
(whichever is appropriate).
24.2
Administrative supervisory flight crew members
Explanatory note: This clause is to be read in conjunction with
clause 17.1.1.
A flight crew member who is appointed by the Company to an
administrative supervisory appointment will be paid the
following components added together:
24.2.1
A pro-rata salary based on 1105 credited hours per
364 days at the applicable line hourly rate of pay;
24.2.2
24.2.3
24.2.4
A discretionary percentage determined by the Company;
Elements 1A and 1B;
Element 2;
24.2.5
Element 5 plus actual ODTA and ADTA allowing for
adjustments; and
24.2.6
24.3
Standard Aircrew Reimbursement ("STACR").
Training supervisory flight crew members
clause 17.1.2.
Training supervisory flight crew members appointed by the Company
and approved by the Aviation Regulatory Authority will be paid
the following components added together:
24.3.1
days;
A pro-rata salary based on 1105 credited hours per 364
24.3.2 Payment for additional duties performed during the bid
period;
24.3.3
Elements 1A and IB;
144.
24.3.4 Credits for personal training undertaken during the bid
period (paid as per line flight crew members) for SCC/SCFEOs or
Element 2 for TFOs plus any applicable study allowance;
24.3.5 Element 5 plus actual ODTA and ADTA allowing for
adjustments; and
24.3.6
STACR;
EXCEPT THAT when a SCC/SCFEO rotates back to the line under clause
17.2.21, he or she will be paid as per a line flight crew member
at the SCC/SCFEO's applicable percentage hourly rate of pay
specified in the table in clause 24.1.1.
24.4 Check and Training Captains on fixed roster lines for route
checking purposes.
A CTC on a fixed roster line (or part line for route checking
purposes) will be paid either:
24.4.1
the appropriate proportion of the following components
added together:
(a)
(b)
A pro-rata salary based on 1105 credited hours per 364 days;
Elements 1A and IB;
(c) Credits for personal training undertaken plus any applicable
study allowance;
(d) Element 5 plus actual ODTA and ADTA allowing for adjustments;
and
(e)
STACR;
OR
24.4.2
Actual earnings calculated as a PLH,
whichever is greater.
24.5
Administrative and training Second Officers
A flight crew member who is appointed by the Company to an
administrative or training Second Officer position will be paid
the following components added together:
24.5.1
A pro-rata salary based on 1105 credited hours per 364
days at the applicable line hourly rate of pay;
24.5.2
An allowance determined by the Company; and
145.
24.5.3
25.
STACR.
ADDITIONS TO PAY
Explanatory note:
Clause 25.1 is to be read in conjunction with clause 27.18.8
(Additional sectors after 15-4 contact obligation)
25.1. Additional flight duty payments
25.1.1
hours
Two pilot crews and flight duty period exceeding 11
Where:
(a)
(b)
a flight is operated by a two-pilot crew; and
the actual flight duty period exceeds 11 hours
each flight crew member who operated as part of the crew is
entitled to an additional payment for each hour that the flight
duty period exceeds eleven hours at the rate of one for one.
25.1.2
Crews of 3 or more pilots and flight duty period
exceeding 12 hours
Where:
(a)
and
(b)
a flight is operated by a crew of three or more pilots;
the actual flight duty period exceeds twelve hours
each flight crew member who operated as part of the crew is
entitled to an additional payment for each hour that the flight
duty period exceeds twelve hours at the rate of one for one.
25.1.3
Flight duty period exceeding 14 hours
Where an actual flight duty period exceeds 14 hours, each flight
crew member who operated as part of the crew is entitled to an
additional payment for each hour that the flight duty period
exceeds 14 hours at the rate of one-half to one in addition to
that paid under 25.1.1 and 25.1.2.
25.1.4
Two pilot crews on A380, B744 or B767 aircraft where
flight deck duty time is planned to exceed 8 hours
A pilot whose scheduled flight deck duty time for operating as
part of a two pilot crew on A380, B744 or B767 aircraft (on a
planned basis on sectors agreed between the parties) exceeds 8
hours, is entitled to an additional payment for each credited
flight hour actually flown in the tour of duty undertaken at the
rate of eight minutes per credited flight hour.
146.
25.1.5
(Intentionally Left Blank)
25.1.6
How payments
general exclusions
are
calculated
and
pro-rated,
and
Additional flight duty payments determined under this clause
25.1:
(a)
will be pro-rated for any part of an hour attracting an
additional payment;
(b)
will be calculated using the flight crew member's hourly
rate of pay applicable at the time the duty is undertaken; and
(c)
do not apply to duty periods where a flight crew member
solely deadheads.
25.1.7
Distinguishing additional flight duty payments from
credited hours
The hours (or part hours) that attract additional payments under
this clause 25.1 are not regarded as credited hours.
25.2. Additional payment for loss of duty free time over two
consecutive bid periods
A flight crew member who:
25.2.1
is a pattern line holder for two consecutive bid periods
standing alone (e.g. bid periods 1 and 2, 3 and 4 etc); and
25.2.2
has less than 48 periods of 24 hours duty free measured
in accordance with clause 27.17.2,
will be compensated, for each 24 hour period (or part 24 hour
period) that would otherwise have been a duty free period, with
payment (in addition to any other earnings) for each affected 24
hour period of the following amounts:
147.
25.3.
Additional payment when assigned over divisor + 5
Where a flight crew member is assigned a duty that takes his or
her projected credited hours over the bid period divisor (or,
where applicable, his or her personal divisor) plus 5, the flight
crew member will receive an additional payment of 1 hour for each
credited hour (pro-rated for time less than 1 hour) that remains
over the bid period divisor (or, where applicable, his or her
personal divisor) plus 5 at the end of the bid period. The Company
will not exercise the right to remove overprojection where the
hours are caused by these circumstances.
The provisions of this sub-clause do not apply in circumstances
where a downline disruption has resulted in a flight crew member’s
projected credited hours exceeding the bid period divisor (or,
where applicable, his or her personal divisor) plus five at the
end of the bid period.
25.4.
Additional payment for exceedence of planned limits
A flight crew member will receive an additional payment of 1 hour
for each hour (pro-rated) for any extension beyond the planned
flight and duty time limits under this Agreement.
25.5.
Payment for additional sectors after 15-4 contact
obligation
Explanatory note:
Clause 25.5 is to be read in conjunction with clause 27.15.9(e).
If additional sectors are placed on the front end of a pattern
after the 15-4 contact obligation has been made under clause
27.15.9(e), the flight hour value of the additional sector(s)
will be paid as additional credited hours.
25.6 Accepting an offer under sub-clause 27.21.1(b)
A flight crew member who accepts an offer and operates a sector
in accordance with sub-clause 27.21.1(b) will receive flight hour
credits and, where applicable, deadhead credits for that sector
(eg. Avalon), in addition to the original pattern credit.
148.
26.
PAY RULES AND PROCESSES
26.1
Rate of pay for pilots and FEOs on completion of initial
training
26.1.1
Upon completion of initial training (including
aircraft type endorsement and en route flying training), a pilot
will have the status of Second Officer and be paid at the first
year rate of pay prescribed for the pilot's category from the date
on which he or she qualifies in all respects to operate Company
aircraft in that category.
26.1.2
A FEO will be paid at the first year rate prescribed
for the FEO's category from the date on which the FEO was cleared
to operate Company aircraft without supervision.
26.2
Years of service pay increments
26.2.1
A pilot's years of service pay increments fall due
on the anniversary of the date the pilot first qualified in the
status of Second Officer.
26.2.2
A FEO's years of service pay increments fall due on
the anniversary of the date the FEO first qualified in the status
of FEO.
26.3
26.3.1
(a)
Rate of pay during transitional training
No failure in previous 7 years
For a bid period wholly containing transitional training
A flight crew member who undergoes transitional training for the
whole of a bid period will be paid the greater of:
(i) the hourly rate prescribed for the flight crew member's years
of service and category for the bid period divisor; and
(ii) the credited hours accrued by the flight crew member whilst
under transitional training in the bid period.
(b)
For a bid period containing transitional training and
status as a PLH, BLH or RLH
A flight crew member who undergoes transitional training during
part of a bid period and whose status for another part of the bid
period is that of a PLH, BLH or RLH will be paid the greatest of
the following calculations:
(vi) First calculation (MGH at applicable hourly rate for lower
and higher categories)
149.
Days of bid period multiplied
divided by 56
by
MGH
multiplied by
Hourly rate
for lower
category
multiplied by
Hourly rate
for higher
category
Plus
Balance of bid
multiplied
period days divided by
by 56
MGH
OR
(vii) Second calculation (Divisor at lower category rate plus
accrued credited hours at higher category rate)
Days of bid
period divided
by 56
multiplied Divisor for multiplied Hourly rate for
by
by
lower category
lower
category
Plus
Accrued credited multiplied by
hours after
status change
Hourly rate for
higher category
OR
(viii) Third calculation (Accrued credited hours at lower and
higher category rate)
Credited
hours
accrued
whilst under
transitional
training
multiplied by
Hourly rate for lower
category
Plus
Credited hours
accrued after
status change
multiplied by
Hourly rate for higher
category
OR
(ix)
Fourth calculation (Divisor for lower category at lower
category hourly rate)
Divisor for
lower
multiplied by
Hourly
rate for
150.
category
26.3.2
lower category
Failure in previous 7 years
A flight crew member who fails to qualify during transitional
training ("current training program") and has also failed his or
her last transitional training program during the seven years
preceding the current training program, will be paid at the rate
of MGH divided by 56 per day during the period commencing from
the date of failure for the current training program up to:
(a)
the date the flight crew member qualifies or requalifies
in the category determined under clause 13.4 or clause 14; or
(b)
until the flight crew member's services are terminated.
26.4 Effective date for change of category and associated change
in rate of pay
26.4.1
Promotion or transfer to another aircraft type
Where a flight crew member is promoted or transfers to another
aircraft type:
(a)
the flight crew member's change of category will become
effective; and
(b)
the flight crew member will be paid at the hourly rate
of pay prescribed for the new category (for the credited hours
or the MGH to which the flight crew member becomes entitled upon
changing category),
from the date the Company certifies that he or she has
successfully completed all training required for the new
category.
26.4.2
Demotion
Where a flight crew member is demoted:
(a)
the flight crew member's change of category will become
effective from the date the HOFO advises the flight crew member
in writing of the demotion or from the date determined under the
disciplinary procedures in clause 9.13 (if applicable); and
(b)
the flight crew member will be paid (at the hourly rate
of pay prescribed for the lower category) the greater of:
(i) the number of credited hours equivalent to the bid period
divisor or MGH per bid period depending upon whether the flight
151.
crew member's seniority will entitle him or her to be a PLH or
BLH; and
(ii)
accrued credited hours
but the protection of pay level under this clause 26.4.2(b) will
only apply until the flight crew member is allocated to the first
full bid line in the lower category.
26.5
Calculating MGH for a portion of a bid period
The number of MGH for a portion of a bid period is calculated by
dividing MGH for the bid period by 56 and multiplying it by the
number of days comprising the portion period.
26.6 Rate of pay for a flight crew member who is unfit for flying
duty but fit for non-flying duty
26.6.1
Rate of pay for a flight crew member who, because of
personal illness, accepts a ground staff position
Subject to 26.6.2, a flight crew member who is unfit for flying
duty because of personal illness but is declared by a Company
doctor to be fit for non-flying duty may:
(a)
continue on sick leave; or
(b)
if a ground staff position is available and accepted by
the flight crew member, commence duties in that position and be
paid at a rate of pay determined under the Company's salary
administration system for ground staff AND the flight crew member
may elect to augment the ground staff salary from his or her paid
sick leave entitlements so long as the total remuneration does
not exceed pay based on divisor for the flight crew member's years
of service and category.
26.6.2 Excluding clause 26.6.1 where a flight crew member's
licence is cancelled (& a loss of licence capital sum is paid)
Clause 26.6.1 does not apply where a flight crew member, as a
result of the flight crew member's licence being cancelled or not
renewed by the Aviation Regulatory Authority, receives payment
of the capital sum under the loss of licence insurance plan (in
which case the flight crew member's services will terminate when
the capital sum under the plan is paid).
26.7 Rate of pay under the Company's personal accident insurance
scheme
A flight crew member who is unfit for duty as a result of an illness
or injury for which payment is to be made under the Company's
personal accident insurance scheme will be paid:
152.
26.7.1
at the hourly rate prescribed for the flight crew
member's years of service and category for the credited hours
accrued for the period of the absence; and
26.7.2
any remaining pattern protected hours resulting from
the absence in accordance with 27.16.2(e), as though the flight
crew member had been absent from duty on approved sick leave.
26.8
Circumstances where a flight crew member is not entitled
to accrual of MGH
clause 12.6 (stand down provisions).
A flight crew member who, in respect of any day in a bid period
("affected day"):
26.8.1
is suspended; or
26.8.2
cannot be usefully employed because of strike, stoppage
or other limitation of work; or
26.8.3
fails to provide a medical certificate or other
evidence of unfitness for duty as required under clause 31.3.10;
or
26.8.4
fails to carry out a legally rostered duty without
Company approval; or
26.8.5
is not entitled (for reasons other than those specified
in 26.8.1 to 26.8.4 above) to the accrual of MGH,
will have his or her MGH reduced by MGH divided by 56 for the
affected day and the Company will notify the flight crew member
in writing of the reason for the reduction.
26.9
Calculating pay for accrued credited
hours when
Captain proffers a pattern line to supervisory flying
a
26.9.1
A Captain who proffers a pattern line to supervisory
flying will be paid for:
(a)
the number of credited hours equal to the value of the
bid period divisor plus 5; and
(b)
any credited hours actually accrued for the bid period,
in excess of 132 hours.
This clause 26.9.1 does not apply where the Captain transfers to
another category or base station, or commences transitional
training during the bid period.
153.
26.9.2
Where a Captain proffers a pattern line to supervisory
flying and transfers to another category or base station, or
commences transitional training during the bid period, the
accrued credited hours for the portion of the bid period before
the transfer or training commences is calculated using the
following formula:
(a)
divisor for the category divided by 56 and multiplied by
the number of days for which the calculation is required; plus
(b)
if credited hours actually accrued prior to the transfer
or training exceed 132 hours for the same period (pro-rated in
accordance with clause 26.5), the excess number of hours is added
to the accrued hours calculated in clause 26.9.2(a).
26.9.3
For pay purposes, a Captain who proffers a pattern
line to supervisory flying is considered to be a pattern line
holder for the bid period but credited hours determined under
clause 26.9.1(b) will not be included in a Captain's projected
credited hours for the purpose of applying the 56 day bid period
limitations under 27.15.1.
26.10 Calculating
annual
and
long
service
entitlements
on termination of employment
leave
On termination of employment, a flight crew member who is entitled
to payment in lieu of accrued annual leave and long service leave
will be paid, in respect of both types of leave, the greater of:
26.10.1
the average of accrued credited hours; and
26.10.2
MGH,
for the flight crew member's last six completed bid periods at
the flight crew member's applicable line hourly rate.
26.11 Calculating sick leave entitlement on medical termination
26.11.1
Calculating the lump sum payment
A flight crew member who is medically terminated in accordance
with 26.6.2 is entitled to a lump sum payment for accrued sick
leave (up to 365 days) calculated under clause 31.3 to a maximum
of his or her accrual as at the last day of service as a flight
crew member with the Company. The lump sum payment will be
calculated using the applicable line hourly rate and will be the
greater of:
(a)
the average of accrued credited hours; and
(b)
MGH,
154.
in each bid period for the flight crew member's last six completed
bid periods.
26.11.2 Number of days of accrued sick leave not to exceed number
of days of remaining service
The accrued days of sick leave upon which the lump sum payment
is calculated will not exceed the number of days of service
remaining up to the retirement date (which is the known retirement
date at the time sick leave commences). Calculation of the lump
sum payment will not be affected if any other agreed retirement
date is determined after sick leave commences.
26.12
Annual leave
26.12.1
(a)
Rate of pay and allowances
Sydney base
A flight crew member on annual leave will be paid at the line
hourly rate of pay for his or her credited hours accrued for the
period of annual leave in accordance with clause 28.
(b)
Bases other Sydney
A flight crew member on annual leave will be paid:
(i)
at the line hourly rate of pay for his or her credited
hours accrued for the period of annual leave in accordance with
clause 28;
plus
(ii) any applicable living away from home allowance or
appropriate allowance as prescribed in Company manuals
associated with a posting at a base station, where:
(1)
or
the leave is taken during or immediately after the posting;
(2)
the leave taken at a base station accrued at another base
station which is not in the same area (as defined in Company
manuals); or
(3)
the leave which accrued at the base station to which the
flight crew member is then currently posted, is taken in another
area.
26.12.2
Advance payment
155.
Upon a flight crew member's request, the Company will provide an
advance payment (at the rate of MGH for a line flight crew member)
for the flight crew member's annual leave period immediately
before the period of annual leave starts, provided:
(a)
at least 21 days' notice is given to the Company; and
(b)
the annual leave is for a period of 3 weeks or more.
26.12.3
Calculating pay credits for BLHs/RLHs
For pay purposes, credits for annual leave for BLHs and RLHs will
be the value calculated by dividing the bid period divisor by 56
per day. These credits will be added to pro rata MGH or accrued
credited hours, whichever is greater. (Note: For bid period
limitation purposes, credits will be the value calculated by
dividing MGH (i.e. 160) by 56per day.)
26.13
Sick leave
clause 31.
26.13.1
Payment at full or half pay
A flight crew member on approved sick leave will be paid:
(a)
if on full pay, at the line hourly rate of pay; or
(b)
if on half pay, at half the line hourly rate of pay,
for the flight crew member's credited hours accrued for the period
of sick leave and any remaining pattern protected hours resulting
from the sick leave.
26.13.2
Augmenting sick leave with annual leave
A flight crew member who has exhausted his or her entitlement to
sick leave at full pay may elect to take annual leave to augment
sick leave at half pay or take annual leave in lieu of sick leave
without pay:
(a)
up to MGH, if the flight crew member is a BLH or RLH; or
(b) administered and debited as for sick leave at full pay, if
the flight crew member is a pattern line holder,
and the flight crew member will be paid at the line hourly rate
of pay.
26.13.3
Converting sick leave between long haul and short
haul operations
156.
(a)
Sick leave entitlement
When transferring from long haul to short haul operations, the
conversion of a flight crew member's accrued sick leave will be
made according to the following formula:
SHSLE
=
LHSLE x
21 days
15 days
When transferring from short haul to long haul operations, the
conversion of a flight crew member's accrued sick leave will be
made according to the following formula:
LHSLE
=
SHSLE x
15 days
21 days
Where:
SHSLE means short haul sick leave entitlement
LHSLE means long haul sick leave entitlement
(b)
URTI entitlement
When transferring from long haul to short haul operations, a
conversion of a flight crew member's accrued URTI entitlement
will be made according to the following formula:
SHUE
=
LHUE x
4 days
6 days
When transferring from short haul to long haul operations, a
conversion of a flight crew member's accrued URTI entitlement
will be made according to the following formula:
LHUE
=
SHUE x
6 days
4 days
Where:
SHUE means short haul URTI entitlement
LHUE means long haul URTI entitlement
26.14 Long service leave
clause 29 & S.A.8.
26.14.1
half pay
Company's discretion to grant long service leave at
A flight crew member who has an accrued long service leave
entitlement may, upon request, and at the Company's discretion,
be granted long service leave at half pay for a period not
157.
exceeding twice the period of the flight crew member's accrued
entitlement.
26.14.2
Calculating payment at full or half line rate of pay
A flight crew member on long service leave will be paid:
(a)
if on full pay, at the line hourly rate of pay; or
(b)
if on half pay, at half the line hourly rate of pay
for the flight crew member's credited hours accrued for the period
of long service leave and any remaining pattern protected hours
resulting from the long service leave.
26.14.3
Calculating pay credits for BLHs/RLHs
For pay purposes, credits for long service leave for BLHs and RLHs
will be the value calculated by dividing the bid period divisor
by 56 per day. These credits will be added to pro rata MGH or
accrued credited hours, whichever is greater. (Note: For bid
period limitation purposes, credits will be the value calculated
by dividing MGH (i.e. 160) by 56per day.)
26.14.4
Credits for public holidays contained within long
service leave period
Public holidays contained within a period of long service leave
will attract a credit of Bid Period divisor divided by 56 per day
or be re-credited to the flight crew member at the Company's
discretion.
26.15
Special leave with or without pay
The following applies to a flight crew member on approved special
leave:
26.15.1
if the special leave is taken with pay, the flight
crew member will be paid at the line hourly rate of pay for the
flight crew member's credited hours accrued outside the period
of special leave and pro-rata MGH during the period of special
leave; or
26.15.2
if the special leave is taken without pay, the flight
crew member will not be paid for his or her credited hours accrued
for the period of special leave in accordance with the provisions
of clause 27.
26.16 Rate of pay when temporarily assigned to an aircraft type
A flight crew member who is temporarily assigned to an aircraft
type in accordance with clause 16.6 will be paid at the flight
158.
crew member's line hourly rate of pay or the line hourly rate of
pay applicable to the category to which the flight crew member
is temporarily assigned, whichever is greater.
26.17
Pay for home study and/or 4th simulator session
Note: See clause 27.15.8(b)(ii)
26.18
How the pay system works (56 day bid periods)
Explanatory note: A practical example of how the pay system works
appears at the end of clause 26.19.
26.18.1
Fortnightly Pay
A flight crew member is paid fortnightly by deposit into his or
her nominated bank account.
26.18.2
Four pay periods each bid period
There are four pay periods in each bid period (referred to in this
clause as pay periods 1,2,3 and 4).
26.18.3
Payment for MGH
Flight crew members (including pattern line holders, BLHs and
RLHs) are paid MGH for each bid period in four instalments of forty
hours each pay period. If the Association agrees to an increase
in the divisor other than in accordance with the provisions in
this Agreement for a category or categories in a particular bid
period, there will be a commensurate increase in MGH for the
respective category or categories in that bid period.
26.18.4
Pattern line holders are paid the difference between
MGH and divisor hours
In addition to the payment for MGH, pattern line holders are paid
one quarter of the difference between MGH and bid period divisor
hours in pay periods 1, 3 and 4.
26.18.5
BLHs are paid for hours worked in excess of MGH
BLHs and RLHs are paid for all hours worked in excess of MGH.
26.18.6
Day 29 balancing of pay in Pay Period 2
Pay period 2 occurs on day 29 of the bid period and allows for
a reconciliation of all accrued credited hours from the previous
bid period. In pay period 2, a flight crew member will be paid
for credited hours accrued for the previous bid period for which
the flight crew member has not already been paid. If a flight crew
member has been paid for more credited hours than were accrued
159.
in the previous bid period, the Company may make the necessary
adjustment in pay period 2 of the current bid period.
26.18.7
TSOs and FEOs under initial training
Each pay period, TSOs and FEOs under initial training will be paid
one quarter of the amount payable each bid period under clause
23.
26.18.8
Supervisory flight crew, administration and training
S/Os and the Association's President
In pay periods 1, 2, 3 and 4, supervisory flight crew,
administration and training S/Os will be paid an amount
calculated on the basis of 1/26 of the prescribed pay and
appropriate allowances under clause 24.
26.18.9
Additional Flight Duty Payments
Explanatory note:
the following clause is to be read in
conjunction with clause 25.1
Additional flight duty payments will normally be paid two weeks
in arrears (i.e. additional flight duty payments earned on
patterns completed by the end of week 2 of a bid period will be
paid in the Day 29 pay (pay period 2) of that bid period and
additional flight duty payments earned on patterns completed by
the end of week 4 of a bid period will be paid in the day 43 pay
(pay period 3) of that bid period, etc.
26.18.10 Practical example of the pay system (based on a divisor
of 170 hours) for a PLH
Note: Calculations are in decimals
Start of
bid
period
Step 1:
Pay 1
Pay 2
Pay 3
Pay 4
40.00 hours
MGH
+2.50 hrs
40.00 hours MGH
+ Day 29
Adjustment from
previous bid
period
40.00 hours
MGH
+ 2.50 hrs
40.00
hours MGH
+ 2.50 hrs
Find difference between divisor and MGH
i.e.
-
170 divisor
160 MGH
10 difference
Step 2:
Divide difference by 4
i.e.
10
4
= 2.5 hours payable in pays 1, 3 & 4
160.
Step 3: Day 29 balancing (previous bid period hours 176.75 plus
1 simulator session)
i.e.
Previous bid period pay due:
176.75
Previous bid period already paid:
167.50
Balance due:
9.25
Therefore, Day 29 Pay
=
+ Previous bid period balance due:
Pay 2
=
40.00 (current bid
period)
9.25
49.25 + 5:50 hrs
training pay
Notes:
1. BLHs & RLHs will receive all hours worked over 160 in Day 29
balancing
2. Training credits are additional to accrued credited hours for
BLHs & RLHs
26.19 How the pay system works (28 day bid periods based on Divisor
of 85 for PLH)
Explanatory note: A practical example of how the pay system works
for 28 day bid periods is set out below.
Pay 2
Start
of bid
period
Step 1:
Pay 1
40.00
hours MGH
+ 2.5 hrs
40.00 hours
MGH + Day 29
Adjustment
from
previous bid
period
Pay 2
Start
of bid
period
Pay 1
40.00
hours MGH
+ 2.5 hrs
40.00 hours
MGH + Day 29
Adjustment
from
previous
bid period
Find difference between divisor and MGH
i.e. 85 divisor
- 80 MGH
5 difference
Step 2:
Divide difference by 2
i.e. 5 = 2.5 hours payable in pay 1
2
Step 3:
Day 29 balancing (previous bid period hours 88.5 plus
1 simulator session)
161.
i.e
Previous bid period pay due:
Previous bid period already paid:
Balance due:
Therefore, Day 29 Pay
+ Previous bid period balance:
Pay 2
88.5
82.5
6.00
= 40.00 (current bid
period)
6.00
= 46.00 + 5.50 hrs
training pay
Notes:
1.
BLHs & RLHs will receive all hours worked over 80 in Day
29 balancing
2.
Training credits are additional to accrued credited hours
for BLHs & RLHs
162.
PART 6 - HOURS OF WORK, SCHEDULING AND RELATED ARRANGEMENTS
27.
SCHEDULING AND HOURS OF WORK
Explanatory note:
A number of agreed variations to Clause 27 (including, but not
limited to, variations to flight and duty time limitations, crew
rest facilities and pattern construction are contained in
Schedule 1 (Scheduling Variations Agreement).
27.1
Application of various related agreements
The Company will schedule flight crew members (other than
supervisory flight crew members) for duty in accordance with the
provisions of this Agreement.
27.2
27.2.1
Scheduling Policies
Intent and purpose of Scheduling Policies
It is the intent and purpose of this section to provide for flight
crew member participation in the development of flight crew
member scheduling policies and procedures which will promote the
most efficient and economical operation of flights for the
Company and favourable working conditions for flight crew members.
Representatives from the Company's flight operations branch and
Company employed flight crew member representatives will consult
with regard to the above, the Company retaining the right to
determine the geographic location of flight crew member base
stations, the assignment of flying to base stations and the
grouping of flights into patterns for the purpose of scheduling
flight crew members consistent with the intent of this clause.
27.2.2
clause 27.7.4 (Establishment levels)
A Scheduling Committee will be established and elements of it will
meet before each bid period commences and when requested by either
party for the purpose of:
(a)
developing and maintaining the most efficient methods of
scheduling flight crew members;
(b)
examining the allocation of flying and the bid lines
generated for the ensuing bid period;
(c)
coordinating scheduling procedures among base stations,
including the methods of promulgating bidding and allocation
information;
163.
(d)
consulting with regard to the grouping of flights into
patterns;
(e)
considering any other matters relating to the scheduling
of flight crew members;
(f)
analyse the previous bid period to identify and track
problems with establishment;
(g)
manage and monitor optimum reserve coverage in relation
to the planning divisor; and
(h) procedures to be adopted in the event of significant changes
to planned flying after the normal time for confirmation of known
flying.
27.2.3
All pertinent information to be provided to the
The Company will provide the Scheduling Committee with:
(a)
all pertinent information including the proposed sector
times for all sectors that are planned to be flown in the ensuing
bid period and will, if requested, demonstrate that the proposed
sector times have been met on at least 65 percent of previous
comparable occasions. If the proposed sector times do not meet
this requirement, they will be adjusted to comply prior to the
issue of bidding information. On any planned new sector, the
proposed sector times will be calculated using all available data
(Note: This clause 27.2.3(a) is to be read in conjunction with
clause 27.15.3(d) dealing with Flight Hour Credits); and
(b)
details of flying carried out by supervisory flight crew
members during the previous bid period to enable a review of the
quota of flying under clause 17.
(c) The Company will consult with AIPA regarding patterns
identified for pre-allocation in accordance with sub-clause
27.6.1 and will make available pairing information at the
consultative stage.
27.2.4
Planned single sectors requiring Association approval
Any planned pattern which includes a sector covered by clause
27.8.10 requires approval by the Association.
27.3
Changes to the bid line construction rules
27.3.1
In addition to meetings before each bid period, the
Scheduling Committee will meet when requested by either party to
consider any changes to the bid line construction rules.
164.
27.3.2
Notwithstanding 27.3.1, the Company may make temporary
changes to the administration of the bid line construction rules
pending agreement between the Company's representatives and the
Association's representatives comprising the Scheduling
Committee, subject to the following:
(a)
If the parties cannot agree on changes or proposed changes
promptly, either party may refer the matter to a neutral party
appointed by agreement between the Company and the Association
and the neutral party's decision will be final and binding upon
the parties;
(b)
If the parties cannot agree upon the appointment of a
neutral party, the matter will be referred to a Board of Appeal
whose decision will be final and binding upon the parties;
(c)
Until the matter is resolved the Company may continue the
temporary changes instituted by it under 27.3.2.
27.4
27.4.1
(a)
Constructing patterns and pattern lines
Pattern construction
Transits for international trips longer than 6 days
On a planned basis, international trips longer than 6 days will
not transit home base on any day other than the first and last
day of the pattern.
(b)
No disruption to international patterns
The Company will give directions that patterns incorporating
international flying have flying built on the front end in a way
that in reasonably foreseeable circumstances will not
unnecessarily put at risk the flight crew member's ability to fly
the international portion of the pattern.
(c)
Rules applying for pattern repair
The same pattern construction rules used to create patterns as
agreed between the Company and the Association during the
consultative process, will be used to repair patterns.
27.4.2
(a)
Pattern line construction
Pattern lines to include all known flying
All known flying will be included in pattern lines prepared by
the Company. Computer programs (agreed between the parties) will
group patterns of flying into pattern lines and allocate patterns
in accordance with Aviation Regulatory Authority requirements,
the provisions of this Agreement and a flight crew member's
165.
expressed preferences. The computer programs will be identified
to the Association and will not be amended in any way without its
approval. The Company will, on request, make available to the
Association the specifications and such program information as
is possible, subject to any copyright or other similar limitation
which may be imposed on the Company.
(b)
Determining the number of pattern lines
constructed for each category at a base station
(i)
to
be
Dividing total credited hours by the divisor
Subject to the allocation of flying to supervisory flight crew
members in accordance with clause 17.4 under clauses 45.2 and 46.4,
the number of pattern lines to be constructed for each category
at a base station is determined by dividing the total credited
hours of known flying available (plus total annual and long
service leave credits attributable to planned pattern line
holders) by the bid period divisor as defined (i.e. a number
between 160 and 175 as determined by the Company after
consultation with the Association. With respect to the B744 fleet,
the Company may (after consultation with AIPA) increase the
divisor affecting each category (i.e. Captain, F/O, S/O) up to
180 on two (2) occasions each calendar year. Any increase in the
divisor above 175 on the B744 and above 170 on any other aircraft
type for any category in any particular bid period will result
in a commensurate increase in MGH for the respective category in
that bid period.
(ii) Reducing the number of pattern lines to improve quality
The number of pattern lines to be constructed by TCAM may be
reduced below the value specified in clause 27.4.2(b)(i) or where
the Scheduling Committee agrees that the reduction would improve
the quality of pattern lines for the majority of affected flight
crew members.
(iii) Constructing additional lines from remaining known flying
Where sufficient known flying remains after the TCAM process that
would allow the construction of additional pattern lines
containing at least 120 credited hours, lines will be manually
constructed which may infringe minimum pattern gap but not MBTT.
A flight crew member who is allocated an additional manually built
pattern line is referred to as a low PLH.
(c)
Short PLHs
A Short PLH:
(i) is pay protected (assignable time available to MGH) but can
elect at any time to cease being assignable time available once
166.
he or she has achieved 132 credited hours in which case pay will
be accrued credited hours in lieu of MGH and the flight crew member
will then have Priority 5 status for any allocation of open time
flying;
(ii) is pattern protected, offsetable under B27.16.5(i)(xiv),
to the lower limit of the standard window or MGH, whichever is
the greater, and has Priority 2 status for open time. A Short
PLH may, at any time, elect to drop pattern protection and then
has Priority 5 status for any allocation of open time.
(d)
Low PLHs (i.e. a PLH having a hand built line of at least
120 credited hours)
A Low PLH:
(i) is pay protected (assignable time available to MGH) but can
elect at any time to drop being assignable time available once
he or she has achieved 132 credited hours in which case pay will
be accrued credited hours in lieu of MGH and the flight crew member
will then have Priority 5 status for any allocation of open time
flying;
(ii) has Priority 1 status for open time up to the lower limit
of the standard window or MGH, whichever is the greater.
(e)
Contained lines
(i) If required by the Company, flight crew members who have a
reasonable expectation of being a BLH in the next bid period will
have their pattern lines constructed in such a way as to provide
that at least 50% of the total anticipated blank line
establishment may be available for duty on the first day of that
next bid period.
(ii) Such flight crew members will be notified that they are so
affected and may bid in order of seniority to have a contained
line. If insufficient crew in each category bid, contained lines
will be allocated in reverse order of seniority.
(iii) A flight crew member allocated a contained line will be
pattern protected to the lower limit of the standard window. If
the line value is less than the lower limit of the standard window,
the flight crew member will be deemed to be a Short PLH. Any
outstanding balance of pattern protected hours which is not
offset at the end of the bid period can be pre-allocated at the
beginning of the flight crew member's next pattern line.
(f)
Midnight cut-off
For the purposes of line building, a midnight cut-off rule applies
to achieve the following:
167.
(i)
Apportioning credits
Credits for each portion of a pattern that spans two bid periods
will be apportioned by dividing the credited hours for the pattern
by the total number of roster calendar days of the pattern.
(ii)
Pattern protection
Where a flight crew member becomes pattern protected under clause
27.16:
(1)
For a pattern that overlaps two bid periods, the Company
will have the opportunity of two offsets for each pattern
protected occasion. Offsets can be made in accordance with clause
27.16.5(f)(i) in either the first or second bid period. The
duration of a flight crew member's pattern protected obligation
will be determined under clause 27.16.
(2)
The pattern protection in the first bid period will be
governed by the pattern protection value of the whole pattern.
(3)
If the pattern protection is not totally offset in the
first bid period then the pattern protection value in the second
bid period will be governed by the credited hours of the pattern
attributed to the second bid period or the remaining pattern
protection, whichever is lesser.
(4)
If a flight crew member becomes a BLH, pattern protection
ceases at the end of the bid period.
(5)
The last occasion that the Company can offer or assign
a pattern protection offset associated with a pattern that spans
two bid periods is on the last day of the pattern that spans the
two bid periods.
(6)
Any pattern protection offset (plus MBTT) allocated in
the second bid period cannot conflict with a pattern in the second
bid period.
(iii)
Overprojection for rotating PLHs/BLHs
Where a pattern overlaps two bid periods in the case of a flight
crew member rotating from a blank line to a pattern line, the value
of the pattern that accrues to the pattern line will not cause
the Company to remove time as a result of applying the
overprojection provisions of the Agreement unless the flight crew
member agrees. In all other respects, the normal provisions of
overprojection and midnight cut-off apply.
(g)
Building duty free periods into pattern lines
(i) A minimum of 20 duty free periods (subject to change by
agreement between the Company and the Association) will be built
into each pattern line, of which 18 will be DDFDs.
168.
(ii) In each 2 consecutive bid periods a flight crew member will
receive 48 periods of 24 hours free of duty at his or her base
station. If the provisions of this clause are not met then clause
27.25.2 will apply.
(iii) In the grouping of patterns into pattern lines an
intervening period of one (1) calendar day for each two (2)
calendar days of the preceding pattern will be observed (with half
days disregarded) except that at bid period change-over, MBIT
(extending through to midnight on the calendar day MBTT ends) will
be applied before the allocation of the first pattern in the
subsequent bid period.
(iv) DDFDs will be allocated first to satisfy sub-clause
27.4.2(g)(iii) above, and then to satisfy a flight crew member's
specific bid.
(h)
Single days off option
The Company will, via the TCAM process, allow flight crew members
to accept or reject single days off (of at least 36 hours) during
pattern line construction.
(i) Flexible Lines ("flexi-lines")
(1) Notwithstanding any inconsistent provisions contained
elsewhere in this Agreement, this clause replaces clause 27.4.2(i)
and clause 10 of Appendix 5 of EBA7 provided that the provisions
of this clause will not act to vary the agreed terms and conditions
that apply to a flight crew member who commenced a reduced value
line under the provisions of clause 10 of Appendix 5 of EBA7 prior
to the date of certification of this variation to EBA7.
(2) A flexi-line is a line where a flight crew member bids to
a reduced number of hours as set out in this clause.
(3) A flight crew member may apply to work a flexi-line for a
fixed period of time. The fixed period may be shortened by
agreement between the flight crew member and the Company.
Applications for a flexi-line may be submitted at any time.
(4)
Duration of a flexi-line:
(a) Where the application is approved within the minimum
available quota, the duration of the flexi-line will be for a
minimum of 3 [6] and a maximum of 13 [26] bid periods, unless a
shorter period is agreed between the Company and the flight crew
member concerned;
169.
(b) Where the application is approved above the minimum
available quota, the duration of the flexi-line will be as agreed
between the flight crew member and the Company, to a maximum of
13 [26] bid periods;
provided that a flight crew member will cease to hold a flexi-line
on commencement of transitional training.
(5) The Company may require up to three [6] complete bid periods
notice to commence or renew a flexi-line, or to vary the value
of a flexi-line.
Notice of an application to renew a flexi-line, or to vary the
value of a flexi-line, may be provided during the term of a
flexi-line.
(6) A flexi-line will always start at the commencement of a bid
period and end at the conclusion of a bid period, unless agreed
otherwise by the Company.
(7)
The Company;
(a) will approve applications in seniority order for flexi-lines
that fall within the minimum available quota; and
(b) may approve applications in seniority order that fall beyond
the minimum available quota.
Applications to renew a flexi-line will be treated in the same
way as an application to commence a flexi-line.
(8) The minimum available quota inclusive of any approved
carer’s lines is 5% of the total operational pilot establishment
for the first 12 months following certification of this variation
to EBA7, increasing to 6% thereafter, made available on an ongoing
basis as follows:
(a) flight crew entitled to access a “tax-free” commutable income
stream from superannuation through the ATO “Transition to
Retirement” policy have priority access to 1/5th of the quota;
and
(b) flight crew entitled to access a “beneficially-taxed”
commutable income stream from superannuation through the ATO
“Transition to Retirement” policy have priority access to a
further 1/5th of the quota; and
(c) the remainder of the quota is available on a pro rata across
the operational establishment for each category (that is shared
in the same proportion that the category bears to the total
operational establishment)
170.
Provided that:
•
any unfilled sub-quota is available across all ranks, and
fleets on a seniority basis;
•
a flight crew member who satisfies the criteria for the
approval of a carer’s line will not have his or her
application for a carers line rejected on the basis that the
quota is full, but the approval will be treated as an advance
on the next available slot in the quota; and
•
a flight crew member who would satisfy the criteria for a
carer’s line except for not being a permanent pattern line
holder will not have his or her application for a flexi-line
rejected on the basis that the quota is full but the approval
will be treated as an advance on the next available slot in
the quota.
(9)
Line Value
(a) The value of a flexi-line is either 90(44), 110(55), 130(66)
or 150(71.5) hours. Where a flexi-line is approved within the
minimum available quota, the value of the flexi-line is the value,
from those listed above, requested by the pilot.
(b) Where the flexi-line is approved above the minimum available
quota, the value, from those listed above, will be as agreed
between the pilot and the Company.
(c) At Consultative, the Company and AIPA will determine if a
conflict exists between the flight crew member’s nominated value
and the Company’s ability to build a line within applicable
windows to that value (due to bid line construction limitations).
(d) Where a conflict exists the Company may require the
nominated/agreed value to change to an alternate value. This
alternate value (not limited to the pre-defined values above),
offered to a flight crew member, will be the closest achievable
value, immediately higher and lower, to a flight crew members
nominated value. The value selected by a flight crew member will
become the value of that flexi-line.
(e) Changes under this provision may, if required, be made prior
to or at the roster build stage in consultation with AIPA and in
accordance with a flight crew members previously indicated
preferences.
(f) The provisions of B.27.15.1 (a) through (c) will apply with
respect to the approved nominated flexi-line value above.
(10) Pay Credits
(a) Pay will be calculated pursuant to the provisions of this
Agreement for a flight crew member’s projected credited hours,
171.
except that MGH for a pattern line will be the bottom of a flight
crew member’s window of hours bid applicable to the value of a
flexi-line approved under B.27.4.2 (i) (9) above. MGH for a blank
line will be the applicable value of the approved flexi-line.
(b) Where a flight crew member is allocated a pattern line below
their applicable MGH they will be assignable time available to
MGH and receive Priority 2 in Open Time. A flight crew member may
elect to drop the assignable time available hours, and
subsequently receive Priority 5 in Open Time, by notifying the
Company prior to the commencement of the first contact obligation
of the bid period.
(c) The conditions applicable to a Short Line holder and a Low
Line holder will not apply.
(11) Recency
A flight crew member on a flexi-line is expected to structure his
or her bid line to, as far as possible, maintain recency.
(12) Entitlements
(a) Annual Leave
Credit: The annual leave credit (in calendar days) for each bid
period will be:
Flexi-line Value/Divisor x 42 x 56/365
Debit: if annual leave is accessed within the term of a flexi-line,
each calendar day of annual leave taken will be debited using the
formula:
Flexi-line Value/Divisor
Pay Credit: if an annual leave is accessed within the term of a
flexi-line, the pay credit (hours) for each calendar day of annual
leave will be:
Flexi-line Value /56
(b) Personal Leave and URTI leave
The personal leave credit (in calendar days) for each bid period
will be:
Credited hours for the bid period/Divisor x 21 x
56/365
The URTI leave credit (in calendar days) for each bid period will
be:
172.
Credited hours for the bid period/Divisor x 4 x 56/365
Personal leave will be taken and paid on the same basis as a flight
crew member who is not on a flexi-line.
"Note: For the purposes of this clause "credited hours" means the
greater of (i)MGH; or (ii) projected credit hours (which may
include pattern protected hours)."
(c)
Paid Maternity Leave
If a period of paid maternity leave is taken within the term of
a flexi-line, the pay credit (hours) for each calendar day of
maternity leave will be:
Flexi-line Value /56
(d)
Long Service Leave
A flight crew member‘s pay credit when taking long service leave
will be pro-rated for leave accrued while holding a flexi-line
in accordance with Company policy.
(e)
Superannuation
In relation to Divisions 1, 2 and 3 of the Qantas Superannuation
Plan, superannuation entitlements will be prorated for service
during the term of a flexi-line, based on the value of the
flexi-line as a proportion of divisor in accordance with the rules
for the relevant Division.
In relation to Division 6 and External Superannuation Plans,
pro-rata benefit is achieved by applying the existing Company
contribution percentage to the reduced credited hours worked
under a flexi-line.
(j) Carers Lines
Notwithstanding any inconsistent provisions contained elsewhere
in this Agreement, clause 27 relating to hours of work and
scheduling and any relevant related agreements between the
parties, the terms of this clause will apply to any permanent
pattern line holder who meets the criteria of a person who has
responsibilities as a carer as set out in this clause and who
wishes to work a carers' line to accommodate those
responsibilities.
(1).
lines
General statement about the objectives sought via carers'
The provisions of this clause are designed to recognise the need
to assist crew members who are permanent pattern line holders and
173.
who meet the definition of a carer as set out in this clause, to
arrange their work in a way that will accommodate their
responsibilities as a carer. A carer's line offers greater
rostering stability than that associated with a normal bid line,
since the requirement for a crew member working a carer's line
to be contactable and available for duty in addition to the duties
originally allocated via the individual crew members' carer's
line is restricted. Carers' lines will receive pro-rata pay and
entitlements in accordance with this clause.
(2).
Meaning of "responsibilities as a carer" and “carer”
and “permanent pattern line holder”
Pursuant to this clause;
(a) a reference to a crew member's "responsibilities as a carer"
is a reference to the crew member's responsibilities to be a
primary care giver to an immediate family or household member;
(b) a reference to a “carer” is a reference to a permanent pattern
line holder who meets the criteria of a person who has
responsibilities to care for or support an immediate family or
household member;
(c) a reference to a permanent pattern line holder means a crew
member whose seniority is sufficient to sustain his or her flying
as a pattern line holder for a period of at least 3 consecutive
bid periods while working a carer's line.
(3).
Evidence of responsibilities as a carer
A crew member may be required to provide evidence of his or her
carer's responsibilities by way of statutory declaration (or
other evidence to the Company's satisfaction) providing the
(a)
The name and age of the immediate family or household member
requiring care and their relationship to the crew member;
(b)
Copies of any medical evidence in support of the crew
member's request for a carer's line (for example, medical
certificate verifying the immediate family or household member's
illness and his or her need for care or support);
(c)
Verification that the crew member is the primary care giver
of the immediate family or household member requiring care;
(d)
The circumstances which require the crew member to access
a carer's line;
(e)
The estimated period that the crew member wants to work
a carer's line; and
174.
(f)
An acknowledgment that the crew member will not engage
in any conduct inconsistent with his or her contract of employment
whilst working a carer's line in accordance with this clause.
(4).
Notice for commencing & duration of a carer's line
(a)
To assist the Company with planning, the following time
periods will apply:
(i) a carer who wants to work a carer's line will give the Company
at least 2 bid periods' notice of his or her intention to access
a carer's line and state the estimated period that the carer wants
to work a carer's line. If the flight crew member meets the
criteria of a carer for the granting of a carer's line, he or she
will be allocated a carer's line for a specified duration having
regard to the circumstances of each case. The carer may apply to
the Company to extend this specified duration by giving at least
1 bid period's notice prior to the expiry of the approved duration.
The carer's application to extend the time worked on a carer's
line may be required to be supported by evidence, satisfactory
to the Company, of continuing responsibilities as a carer;
(ii) a carer who wants to work a carer's line will be required
to work a carer's line for at least 3 bid periods;
(iii) a carer who wants to return to flying a normal bid line will
give the Company at least 2 bid periods' notice of his or her
intention to do so;
(iv) a carer's line cannot be commenced or discontinued part way
through a bid period.
(b)
In exceptional circumstances or for compassionate reasons,
the Company may, in its discretion, agree to reduce or waive the
time periods specified in this clause.
(c)
The carer must notify the Company if his or her carer
responsibilities materially change such that the crew member no
longer has responsibilities as a carer as set out in this clause.
If this occurs, or the Company otherwise reasonably considers
that the crew member is not eligible, or no longer required, to
work a carer's line, the Company may end the crew member's access
to a carer's line by giving 1 bid period's notice.
(5).
Nominating the hours of work
A carer who wants to work a carer's line must nominate:
(a)
the percentage of the divisor that he or she is prepared
to work ("the nominated percentage") but the nominated percentage
cannot be less than half of the divisor;
175.
(b)
the days on which he or she does not want to work ("the
nominated non-work days").
(6).
Constructing a carer's bid line
(a)
If the carer's nominated percentage and nominated non-work
days meet with the Company's operational requirements, the
Company will construct a bid line for each carer commensurate with
his or her relative seniority using the nominated percentage
(plus or minus the applicable standard window limitations) and
taking into account the nominated non-work days.
(b)
If the carer's nominated percentage and nominated work
days do not meet with Company operational requirements or the
nominated non-work days preclude the construction of a bid line
equivalent to the nominated percentage (plus or minus the
applicable standard window limitations), the Company has the
option to either construct a bid line for the maximum number of
projected credited hours possible (but, in any event, the carer's
bid line will be constructed having a credited hours value of at
least 50% of the divisor) and/or to remove sufficient nominated
non-work days in order to achieve the nominated percentage.
(c)
The carer is entitled to bid for, and be awarded, open
time flying commensurate with his or her seniority in order to
increase projected credited hours to the nominated percentage.
(7).
Recovering time lost from a pattern
(a)
Subject to clause (8) of this clause, if a carer loses
hours he or she will not be pattern protected (i.e. the carer will
not be pay protected for the duration of the bid period). However,
the carer will be deemed to be "priority time available" for the
allocation of open time flying in order to recover the hours lost.
(b)
If the lost hours cannot be recovered within the bid period
in which they were lost, then the carer will be made "priority
time available" for the allocation of open time flying for the
amount of the shortfall in the next bid period.
(8).
Pattern protection
A carer who loses hours will not be entitled to off-settable or
multi-off-settable pattern protection but will be entitled to
fixed and date limited pattern protection, as summarised in the
table below.
Pattern Protection
Normal bid line
Carer's line
176.
Offsettable and multi
off-settable pattern
protection
Date limited pattern
protection
Fixed pattern protection
(9).
Does not apply - instead carer
will be deemed to be "priority
time available" for the
allocation of open time
Applies to carers
Applies to carers
Maximum 'window' of hours of work
(a)
The maximum window of hours that a carer can choose to
work is the carer's nominated percentage plus 10 hours.
(b)
The maximum window of hours that the Company can require
a carer to work, is the carer's nominated percentage plus 5 hours.
(10).
Returning a carer to base after a downline disruption
In the event of downline disruption, the Company will do whatever
is reasonably practicable (taking into account the economic costs
& operational considerations) to return the carer to his or her
base station on the day the original pattern was scheduled to
conclude. If the Company considers that this is not reasonably
practicable, the Company will use its best endeavours (again,
taking into account the economic costs & operational
considerations) to return a carer to his or her base station as
soon as is reasonably practicable. The decision of the relevant
Fleet Manager or Duty Captain on this matter will be final.
(11).
Standby
Crew members working a carer's line will not be assigned any stand
by duties.
(12).
Training for return to work
The Company will provide a crew member who is returning to work
after a period of approved leave and who wants to work a carer's
line, with recency flying, cyclic training sessions, route
qualifications and any further training as may be necessary in
order to qualify the crew member for his or her return to line
flying, but all such training will be carried out on the basis
that the crew member is rostered on a normal bid line. Once cleared
to the line, the crew member will be eligible to commence a carer's
line from the commencement of the next bid period.
(13).
Pay
Pay will be calculated pursuant to the provisions of this
Agreement based on the flight crew member’s accrued credited
hours.
177.
(14). Entitlements
Entitlements will be calculated in the same manner as flexi-lines
(see clause 27.4.2 (i)(12) except that the "Flexi-line value"
means, for a carer, the line value constructed under (6), and the
reference to "credited hours" means the credited hours actually
achieved.
(15).
Loss of licence
Carers will be covered for loss of licence benefits under the Loss
of Licence Insurance Plan ("the LOL Plan"), pursuant to clause
20 of this Agreement PROVIDED HOWEVER, if a carer continues to
work a carer's line for a period of two years or more, the Company
reserves the right to require the carer to contribute towards the
payment of the premium payable under the LOL Plan according to
the following formula, subject to establishing the legality of
such an arrangement.
Formula
Commencing two years after a crew member first commences working
a carer's line, the carer will reimburse the Company for a pro
rata proportion of the premium payable by the Company under the
LOI Plan for coverage of an individual crew member. The carer's
percentage contribution towards the premium will be calculated
as the difference between 100% and the carer's nominated
percentage.
(16). Number of Carer’s Lines
The allocation of Carer’s Lines will be included in the percentage
of lines allocated for the provision of Flexible Lines pursuant
to the provisions of clause 27.4.2 (i) of this Agreement.
(k)
Planning provision for recency days
(i) Where a flight crew member does not fly for 35 days due to
a combination of leave, A-Days and X-Days, two (2) A-Days may be
placed on his or her line to allow for recency training prior to
the allocation of patterns.
(ii) If one day of recency is required, the recency (or cyclic)
session will be scheduled for the second 'A' day and the first
'A' day will be left free for study.
(iii) The contactability requirements for flight crew members
allocated 'A' days for recency purposes will be those that
normally apply to 'A' days.
(iv) If a flight crew member successfully bids for 'X' days
immediately after the leave and recency days, he/she will be
178.
permitted to swap the 'X' days and recency days to allow the leave
and 'X' days to be joined. In order to avoid any delays in the
allocation of recency training, the Company may implement a
procedure under which any request to swap 'X' days with recency
days must be made before bid lines are published.
(l)
Pattern line allocation below MGH
Where a pilot is allocated a pattern line below the value of MGH
but within the allowable bidding window of hours, he/she will be
entitled to drop assignable time available hours and consequently
receive priority 5 in open time according clause 27.21.5. This
option can only be exercised if notified to the Company prior to
the commencement of the first contact obligation of the bid
period.
27.4.3
Pattern lines may be designated for proffer to
supervisories
Three captain pattern lines at Sydney may be designated as lines
for proffer to supervisory flight crew members.
27.4.4
Building pattern lines that do not conflict with flying
allocated in the preceding bid period
Having regard to pattern allocations (including open time flying
for which bids have closed) at the time of closure of pattern line
bids, a pattern line will be constructed so as not to conflict
with flying allocated to a flight crew member in the preceding
bid period, including minimum base turnaround time.
27.4.5
Auditing the allocation of bid lines
(a)
An agreed audit system will be made available to the
Association to allow each flight crew member's bid line to be
analysed and assessed each bid period.
(b)
Where it is apparent either to the Association or the
Company that the allocation of patterns has not been made in
accordance with the bid line construction rules, the parties will
confer and agree upon a method to resolve the problem. Where a
resolution is not possible the matter will be determined by direct
reference to a Board of Appeal constituted under clause 9 of this
Agreement.
(c)
Agreement by the Association and the Company as to the
proposed content of each flight crew member's bid line is required
before promulgation. Following such approval, no aspect of the
content of any bid line will be subject to the grievance
procedures of the Agreement. If the parties fail to agree, the
matter will be referred to a neutral or, if necessary to the Board
179.
of appeal for resolution. Pending resolution, promulgation of bid
lines will proceed as though agreement had been reached.
27.4.6
Pattern protection for a flight crew member
disadvantaged due to error
Where a flight crew member has been disadvantaged in the
allocation process due to an error in the data used, the flight
crew member will be pattern protected to the bid period divisor
and will be available for offsets in accordance with clause
27.16.5(1). Where the Company and the Association agree,
following construction of bid lines for a bid period and before
the commencement of that bid period, patterns not allocated to
any pattern line may be exchanged with, or added to the patterns,
in the pattern line in order to correct an error or anomaly in
that line.
27.4.7
Including credited hours for annual and long service
leave in pattern lines
Credited hours calculated in accordance with clause 27.15.7 for
annual and long service leave will be included in a flight crew
member's pattern line at the time pattern lines are constructed
and will increase a flight crew member's projected credited
hours.
27.5
Bidding guidelines for preferential bidding
27.5.1.
Flight crew members eligible to bid are to submit
sufficient number of bids
Prior to the closing date for bids, each flight crew member
eligible to bid should submit a sufficient number of bids to
enable the allocation of a bid line constructed in accordance with
those bids and the flight crew member's seniority.
27.5.2.
A flight crew member's "standing bid"
Except where a flight crew member specifically submits a
different bid, each flight crew member is assumed to have a
"standing bid" which ranks all bid line types equally in the
following order of preference:
(a)
any pattern line except pattern lines designated for
proffer to supervisory flight crew members;
(b)
any pattern line designated for proffer to supervisory
flight crew members;
(c)
any blank line;
(d)
any reserve line.
180.
27.5.3.
Varying the order of a "standing bid" before closing
time for bids
Prior to the closing time for bids, each flight crew member may
vary the order of his or her "standing bid" and may submit
additional specific bids, which will have precedence over the
flight crew member's standing bid for patterns, pattern types,
duty free periods, total credited hours and/or any other matter
permitted by the Scheduling Committee.
27.5.4.
Reverting to previous bidding rules if preferential
bidding is abandoned
If preferential bidding is abandoned by agreement between the
parties during the currency of this Agreement, the bidding rules
in force immediately before preferential bidding came into
operation will be reintroduced.
27.6
Allocation of bid lines and restrictions on allocation
The bid line allocation process allocates patterns to flight crew
members in accordance with their expressed bid line preferences
in order of seniority, subject to the following restrictions:
27.6.1.
Pre-allocating flying for pilots
Flying for supervisory pilots, Check and Training Captains and
Training Captains on a fixed roster and pilots undergoing
transitional training, will be pre-allocated, i.e. flying will
be allocated before the known flying is made available for bidding
to line pilots, viz:
(a)
the pre-allocation of flying to supervisory pilots
specified in clause 17.2.1 will take place in accordance with
clause 17.4;
(b)
the Company may pre-allocate flying to those Check and
Training Captains planned to perform fixed roster checking duties
in accordance with clause 17.3.8.
(c) At each base station, patterns identified for line training
may be pre-allocated to Check and Training Captains and Training
Captains based on trainee requirements recognizing both number
of sectors and required destinations in order to ensure that
trainees are available for line duties in their new category in
the minimum amount of time. Where consistent with these
objectives the principles of representative flying will be
observed. All other patterns required to complete a bid line will
be allocated as part of the bid line allocation process.
181.
(d) At each base station, patterns identified at (c) above may
be pre-allocated to each trainee who has been allocated a
promotion or conversion vacancy to enable “pairing” with a
Training Captain.
27.6.2
Pre-allocating mentor flying to Second Officers
A second officer may be pre-allocated a pattern of flying
allocated to his/her “mentor” on the following occasions:
(a)
once within 90 days of being cleared to the line; and
(b)
as further agreed to by the Association.
27.6.3.
Pre-allocating a flight crew member's "golden
flying before retirement
bid"
In a flight crew member's last bid period (or part of a bid period)
of flying before retirement (or before his or her employment
contract is terminated as a result of redundancy), the flight crew
member will be pre-allocated a pattern of his or her choice (to
be known as a flight crew member's "golden bid") before the known
flying is made available for bidding.
Where two or more flight
crew members in the same category are competing for the same
pattern, seniority will determine the allocation.
27.6.4.
Pre-allocating a flight crew member's banked hours
Any hours banked by a flight crew member under clause 27.15.12(d)
can be pre-allocated to a future bid period.
27.6.5.
Pre-allocating "golden" annual leave
Requests for "golden" annual leave days will be pre-allocated in
accordance with clause 28.28.
27.6.6.
Conflict with last pattern in preceding bid period
A flight crew member may be allocated a pattern line which
conflicts with his or her last pattern in the preceding bid period,
in which case the flight crew member will be pattern protected
and available for offsets in accordance with clause 27.16.5(1).
27.6.7.
Allocating patterns where flight crew member's
qualification is reasonably expected to be achieved before the
bid period starts
A pattern line will not be allocated to a flight crew member who
has not been allocated to, and qualified on, an aircraft type and
who is not qualified in the status scheduled on that pattern line
EXCEPT THAT:
182.
(a)
a pattern line will be allocated where there is a reasonable
expectation that the flight crew member will be so qualified and
allocated before the bid period commences in accordance with
seniority;
(b)
where there is a reasonable expectation that a flight crew
member will complete a transitional training period before the
end of the first seven days of the new bid period, the flight crew
member will be allocated a pattern line in accordance with his
or her seniority and, in that event, will receive transitional
training credits until qualified in the new category;
but if the date of qualification prevents the flight crew member
from commencing an awarded pattern, the pattern will be dropped
unpaid PROVIDED ALWAYS THAT where a flight crew member is
allocated to, and qualified on the aircraft type, an absence on
approved sick leave will not constitute lack of qualification for
the purpose of this clause 27.6.7.
27.6.8.
Blank lines will not be allocated in two consecutive
bid periods unless a flight crew member expresses a preference
A flight crew member will not be allocated blank lines in two
consecutive bid periods unless the flight crew member expressed
a first preference for a blank line in the second bid period. For
the purpose of this clause 27.6.8, a check and training captain
who is allocated to checking duties in a bid period will be
regarded as a BLH for that bid period, to allow a pattern line
to be allocated in the following bid period.
27.6.9.
RLHs deemed BLHs following promotional training
Where a flight crew member is a RLH following a change in category
for a period exceeding 28 days of a bid period and in the
subsequent bid period is due to become either a PLH or a BLH based
on seniority provisions, then he or she will be considered to have
been a BLH for the former bid period for the purpose of bid line
allocation.
27.7 Establishment levels - Sufficient flight crew members at
each base station
Explanatory notes:
Clause 27.7 is to be read in conjunction with clause 37.7
(Establishing Captain and First Officer requirements for
training requirements).
27.7.1
Pattern line holders
The Company will make available a sufficient number of flight crew
members who, as pattern line holders, will operate the pattern
lines available at each base station.
183.
27.7.2
BLHs
The Company will, if necessary, make available a sufficient
number of flight crew members who will be BLHs to protect the
operation for each base station. At each base station, the number
of BLHs will not exceed one third of the number of pattern line
holders EXCEPT THAT:
(a)
Where the number of pattern line holders is from 3 to 5
inclusive, up to 2 BLHs may be permitted; and
(b)
Where the number of pattern line holders is from 6 to 8
inclusive, then up to 3 BLHs may be permitted,
AND, for the purpose of the one-third calculation, where the
Company has been notified that the individual flight crew members
are expected to be unfit for the whole of the ensuing bid period,
those flight crew members will be additional to the one-third
calculation.
27.7.3
Allocating additional crew for reserves
Nothing in this Agreement prevents the Company from allocating
additional flight crew members to a base station. Sufficient
reserve lines will be constructed to enable each bid line flight
crew member to be allocated a bid line.
27.7.4
(a)
Establishment formula
Definition of correct establishment
The Company is committed to provide the correct establishment of
aircrew. The definition of correct establishment is a
blank/reserve coverage to perform duties, with the intent that
every pattern line holder is provided with a high level of
stability of roster once published.
(b)
Considerations to be taken into account
Considerations to be taken into account include coverage for
sickness, standbys, annual leave, unplanned/compassionate leave,
long service leave, licence renewal and training, simulator
supports, trips dropped due over projection, supervisory
patterns dropped to open time, patterns dropped due conflict, ad
hoc charters and maintenance/paint job flights, aircraft
substitutions etc.
(c)
Maximum training to achieve correct establishment
The Company states it will provide maximum training to drive
numbers to correct establishment, based on the relevant planning
184.
divisor. Blank line coverage of 15% (additional to 11 1/2% for
annual leave) will be used for planning purposes. This figure will
be fine tuned by the Company as experience dictates.
(d)
Consultative approach
Whilst the Company retains authority for aircrew numbers, these
numbers will be transparent and both parties agree to work
together to provide optimum crew coverage.
27.8
Flight and duty time limitations
Explanatory note:
A number of agreed variations to Clause 27.8 are contained in
Schedule 1 (Scheduling Variations Agreement).
27.8.1
Specific flights that cannot be operated within the
duty time limitations
The Company and the Association may agree to operate specific
flights or a specific series of flights on jet aircraft with
in-flight relief provided and adequate rest facilities available
on board the aircraft where those flights cannot be scheduled
within fourteen (14) hours' duty time. An additional pilot (or
FEO if applicable) will augment the normal crew complement.
27.8.2
11 hours
Limit of 3 sectors if duty time scheduled to exceed
A pilot on a jet aircraft in a flight crew consisting of three
pilots and an additional flight crew member or members with
in-flight relief provided, will not be scheduled to operate more
than three sectors in any duty period if the duty time in such
period is scheduled to exceed eleven hours.
27.8.3
Jet aircraft with 2 pilots
A pilot on a jet aircraft in a flight crew consisting of not more
than two pilots will not be scheduled in excess of:
(a)
(b)
8 hours flight deck duty;
11 hours duty time,
EXCEPT THAT on A380, B744 and B767 aircraft the scheduled flight
time may be 8 1/2 hours on sectors as may be agreed from time to
time between the Company and the Association.
If delays occur after commencement of duty, the scheduled
limitations may be extended up to and including one hour (EXCEPT
THAT, where the scheduled flight time on A380, B744 and B767
aircraft is increased, by agreement, up to a maximum of 8 XA hours,
185.
the scheduled flight deck duty can only be extended up to and
including 30 minutes) at the pilot's discretion.
27.8.4
Jet aircraft with 3 pilots with in-flight relief but
NO adequate rest facilities
pilots with in-flight relief provided and no adequate rest
facilities available on board the aircraft will not be scheduled
in excess of:
(a)
(b)
8-1/2 hours flight deck duty;
12 hours duty time.
limitations may be extended by up to and including two hours at
the pilot's discretion.
27.8.5
Jet aircraft with 3 pilots AND in-flight relief AND
adequate rest facilities
pilots with in-flight relief provided and adequate rest
facilities available on board the aircraft will not be scheduled
in excess of:
(a)
(b)
14 hours duty time.
limitations may be extended by up to and including four hours at
the pilot's discretion.
27.8.6
A380/B744 aircraft for planned single sectors with 4
pilots AND inflight relief AND adequate rest facilities
clause 27.2.4 (Any planned pattern which includes a sector
covered by clause 27.8.10 requires Association approval).
A pilot on a A380/B744 aircraft in a flight crew consisting of
four pilots, with in-flight relief provided, and adequate crew
rest facilities available on board the aircraft, for planned
single sector operations, will not be scheduled in excess of:
(a)
(b)
8 1/2 hours flight deck duty;
16 1/2 hours duty time.
If delays occur after the commencement of duty, the scheduled
limitations may be extended by up to and including three and one
half hours at the pilot's discretion.
186.
27.8.7
apply
Statutory requirements for adequate rest facilities
Aviation Regulatory Authority requirements with respect to
adequate rest facilities on board the aircraft will apply in all
relevant situations.
27.8.8 Exceptional
to statutory limits
circumstances:
Extending
limitations
Under exceptional circumstances (such as civil riot, cyclone,
mercy flight) the scheduled flight and duty limitations contained
in this clause may be extended to the limitations provided by the
Aviation Regulatory Authority.
27.8.9
Concessions by Aviation Regulatory Authority
(a)
Despite the scheduled flight and duty limitations contained
in this clause, any concession given to the Company by the
Aviation Regulatory Authority may be applied (subject to
sub-clause (b)).
(b)
Any concession or exemption to statutory flight time
limitations which has a general and ongoing effect cannot be
implemented without the Association's prior agreement. Those
concessions will be promulgated in the Company's Flight
Administration Manual.
27.9
Duty limitations applicable to deadheading
Explanatory note:
Clause 27.9 is to be read in conjunction with clause 27.13.3
(Minimum off duty periods en route - Deadheading)
27.9.1
A flight crew member will not be scheduled to deadhead
and operate, during a duty period, in excess of the duty
limitations applicable to the crew in which the flight crew member
operates.
27.9.2
A flight crew member may be scheduled to operate and
then deadhead for a total duty period not exceeding fourteen and
a half hours EXCEPT THAT a flight crew member inbound to the flight
crew member's base station to complete a pattern may be scheduled
to operate and then deadhead for a total duty period not exceeding
eighteen hours in which case the following conditions apply:
(a)
the flight crew member may elect to slip at a port prior
to the base station rather than deadhead to the base station if,
to do otherwise, he or she would exceed the applicable duty time
limitations in 27.8.
187.
(b)
if the flight crew member elects to slip at a port prior
to the base station, the flight crew member will receive:
(i) credited hours as if he or she had deadheaded to the base
station as scheduled;
(ii) duty free time entitlements determined (under the provisions
in this Part 6 dealing with minimum base turnaround time and duty
free time at a flight crew member's base station) as if the flight
crew member had deadheaded to the base station as scheduled,
BUT the conditions of 27.9.2 only apply where the scheduled duty
time in excess of the duty time limitations specified in 27.8 is
time during which the flight crew member does not operate.
27.9.3
A flight crew member will not be scheduled for duty
in excess of 26 hours in any duty period if he or she deadheads
only and does not operate during the duty period PROVIDED THAT:
(a)
(b)
the duty is limited to two (2) sectors; and
the flight crew member is provided with first class travel.
27.10 Duty limitations applicable to standby or ground duties
27.10.1
Duration of standby duty
A flight crew member will not be scheduled for a standby duty in
excess of twelve consecutive hours. A flight crew member
scheduled for, or on a standby duty of, less than twelve
consecutive hours may be required to extend the standby duty to
twelve consecutive hours.
27.10.2
Reporting for flight duty during standby duty
A flight crew member on standby duty may be required to report
for flight duty during the time the flight crew member is on
standby. In this event, for flight time limitation purposes the
flight duty period begins at the actual or required reporting time,
whichever is the later.
27.10.3
duty
Reporting for flight duty after termination of standby
A flight crew member on standby duty may be required to report
for flight duty after the termination of the standby duty without
an intervening off duty period prescribed by the Aviation
Regulatory Authority. In this event, for flight time limitation
purposes the flight duty period will be deemed to begin at the
end of the standby duty.
27.10.4
Classroom training
188.
(a)
Classroom hours per day or hours on consecutive days
A flight crew member will not be required to attend lectures or
ground courses at the flight crew member's base station in excess
of:
(i)
eight classroom hours in any one day (subject to the
restrictions set out in clause 27.10.4(b)) or
(ii)
more than five days in any consecutive seven days.
(b)
Restrictions
(i) Classroom training will not be solely "chalk and talk" and
there will be no exams or intensive instructions after 6 hours.
On a 2 day course, the maximum training time will be 12 hours.
(ii) If the course is a one day course, the limit will be 6 hours
which may be extended to 8 hours provided the day is limited to
8 hours face to face training plus morning and afternoon tea
breaks of 15 minutes and a 1 hour lunch break is paid with a total
duty time of 9 hours from sign on to sign off programmed. Any
classroom time over 6 hours will be paid on a basis of 1:1,
pro-rated for any time less than one hour.
(iii) If the course is a two day course, the limit on any one day
will be 8 hours without any additional payment provided the total
hours over the two days does not exceed 12 hours. This is to be
the planned maximum. Any classroom time over 12 hours will be paid
on the basis of 1:1, pro-rated for any time less than one hour.
(c)
Parties to review claims for payment for
exceeding specified limits on an unplanned basis
courses
The Company and the Association will review claims for payment
for courses which, on an unplanned basis, exceed 8 hours in a one
day course or 12 hours in a 2 day course.
27.11 Duty limitations requiring rest period after 50 hours of
duty
Following 50 hours of duty of any nature associated with the
flight crew member's employment, he or she will have a rest period
of not less than 24 consecutive hours before commencing a tour
of duty.
27.12 Measurement of duty time
27.12.1
Flight duty
(a)
A flight crew member's scheduled flight duty period will
begin at the required reporting time and will end 30 minutes after
189.
the scheduled arrival time on blocks of the last flight during
the flight duty period.
(b)
A flight crew member's actual flight duty period will begin
at the actual or required reporting time, whichever is later, and
will end 30 minutes after the actual arrival time on blocks of
the last flight during the flight duty period.
27.12.2
Deadhead duty
(a)
A flight crew member's scheduled deadhead duty period
begins at the required reporting time, and ends 30 minutes after
the scheduled arrival time on blocks of the last flight during
the flight duty period.
(b)
A flight crew member's actual deadhead duty period begins
at the actual or required reporting time, whichever is later, and
ends 30 minutes after the actual arrival time on blocks of the
last flight during the flight duty period.
27.12.3
Standby duty
(a)
A flight crew member's scheduled standby duty period will
begin at the required time of availability for contact and will
end at the scheduled time of release from the period of
availability for contact.
(b)
A flight crew member's actual standby duty period will
begin at the required time of availability for contact and will
end at the time the flight crew member is released from duty or
at the time the flight crew member was scheduled to complete the
period of availability for contact if not released at an earlier
time.
27.12.4
Base duty
(a)
A flight crew member's scheduled base duty period begins
at the required reporting time and ends at the scheduled time of
release from the duty.
(b)
A flight crew member's actual base duty period begins at
the actual or required reporting time, whichever is later, and
ends at the actual time of release from the duty.
27.13 Minimum off duty periods en route
27.13.1
Factors to be taken into account when grouping flights
into patterns
In the grouping of flights into patterns, a flight crew member
will, where applicable, be scheduled for intervening off duty
190.
periods while en route. The duration of these periods will take
into account factors including:
(a)
the duration and time of day of the duties preceding the
off duty period;
(b)
the duration and time of day of the duty following the
off duty period;
(c)
the local time of day of the proposed off duty period;
(d)
the degree of longitudinal time shift to which the flight
crew member has been subjected during the preceding duties;
(e)
the suitability and distance of the proposed accommodation
from the airport;
(f)
the availability of earlier or later services which could
be utilised to shorten or lengthen the off duty period; and
(g)
any other relevant factors.
27.13.2
Regularly scheduled flights
For regularly scheduled flights, the minimum scheduled off duty
period en route after each flight duty period will be the lesser
of:
(a)
the sum of the scheduled flight time plus any flight time
scheduled between 2000 (local time) and 0800 (local time)
calculated from the initial point of departure of the flight duty
period; and
(b)
27.13.3
twenty (20) hour;
Deadheading
(a)
Unless the Association specifically requires the
limitations of 27.13.2(a) and (b), where a tour of duty is to be
followed by deadheading, 12 hours may be the minimum time off
before deadheading, provided that the deadheading is limited to
12 hours and the prescription in clause 27.13.2(a) is scheduled
after the deadheading.
(b)
Where a flight crew member deadheads in business class,
the minimum off duty period after solely deadheading will be an
amount equal to the flight time plus the night flight hours
measured from the point of departure, except that, in the case
of a downline disruption, the minimum off duty period will be
twelve hours.
(c) The minimum scheduled off duty period enroute following a
deadheading duty in excess of 24 hours will be an amount equal
to the flight time plus the night flight hours measured from the
point of departure, or 20 hours, whichever is less.
27.13.4
Irregular charter or special flights
191.
For irregular charter or special flights, the minimum scheduled
off duty period en route will be at least twelve (1.2) hours.
27.13.5
Off duty period en route cannot be less than 12 hours
without approval of Aviation Regulatory Authority
In any event, the off duty period en route will not be scheduled
to be less than twelve (12) hours unless otherwise permitted by
the Aviation Regulatory Authority.
27.13.6
Disruptions
If disruptions occur after commencement of duty, the minimum off
duty period en route will be at least twelve (12) hours unless
otherwise permitted by the Aviation Regulatory Authority.
27.13.7
Exceptional circumstances
mercy flight) the minimum off duty periods set out in this clause
27.13 may be reduced at the flight crew member's discretion to
the minimum period allowed by the Aviation Regulatory Authority.
27.13.8
London Slips
London slips can be reduced to the extent of an arrival not later
than 0830 on day 1 and departing 2000 or later on day 2, provided
the inbound and outbound patterns are operated by a 4-pilot crew,
the slip in Asia southbound is 2 days and the service operated
to home base is a direct service. However, nothing in this
sub-clause prohibits a slip being reduced to 12 hours to cover
a downline disruption. Further, in the case of a pilot deadheading
out of London, the minimum slip will be as set out in this
sub-clause or as otherwise required under clause 27.13, whichever
is the lesser.
27.14 Minimum base turnaround time ("MBTT")
27.14.1
A flight crew member is entitled to a minimum base
turnaround time (which may include designated duty free days) on
arrival at the flight crew member's base station on completion
of each pattern of flying in accordance with the provisions of
this clause EXCEPT where:
(a)
the flight crew member's base station is considered to
be a stopover within a pattern; or
(b)
the flight crew member is awarded a pattern of open time
flying which conflicts with the minimum base turnaround time
associated with the previous pattern in the flight crew member's
pattern line and/or where the minimum base turnaround time
associated with the awarded open time flying conflicts with the
192.
next pattern in the flight crew member's pattern line in the then
current bid period or the next.
27.14.2
A flight crew member will not be required to carry out
any duty connected with his or her employment without the flight
crew member's consent during minimum base turnaround time except
as provided in clause 27.14.1.
27.14.3
Except as provided in clause 27.14.1, the minimum base
turnaround time at a flight crew member's base station upon
completion of a pattern will be as follows:
(a)
(b)
twelve hours, for a pattern of one day away;
one local night, for a pattern of two to four days away;
(c)
two local nights, where the accrued credited flight hours
of the pattern exceed 20;
(d)
two local nights, for a pattern of five to eight days away;
(e)
three local nights, where the accrued credited flight hours
of the pattern exceed 40;
(f)
away;
three local nights, for a pattern of nine to twelve days
(g)
four local nights, where the accrued credited flight hours
of the pattern exceed 60 or where the days away for the pattern
exceed twelve;
(h) where a flight crew member exceeds 100 flight hours in 30 days
during an awarded or assigned pattern the flight crew member is
entitled to additional minimum base turnaround time for the
pattern causing the excess. Where the flight crew member accrues
further excess hours during the next awarded or assigned pattern
the flight crew member is entitled to additional minimum base
turnaround time for those further excess hours. The additional
minimum base turnaround time entitlement for excess hours
referred to in this sub-clause will be as follows:
(i)
one local night for up to, but not exceeding, five hours
excess; and
(ii)
two local nights for five hours excess or more.
For the purpose of this clause 27.14.3, the number of days away
in a pattern includes the day of departure and the day of return,
calculated in accordance with 27.15.6 (elapsed time away
credits).
193.
27.14.4 The Company and the Association may by mutual agreement
increase or decrease the minimum base turnaround time for
specific patterns scheduled for each bid period but the maximum
provisions will be four local nights except as provided in
27.14.3(h).
27.14.5
Where a flight crew member will not be able to complete
the minimum base turnaround time to which he or she is entitled
before the scheduled report time of the next pattern in the flight
crew member's pattern line, the Company will remove the flight
crew member from the pattern unless the Company is advised before
the closing time on the normal closure day of open time flying
for the pattern that the flight crew member will fly the pattern.
27.15 Credited Hours
Explanatory note:
Clause 27.15 is to be read in conjunction with:
•
the definition of minimum daily credit ("MDC") in clause 7;
•
clauses 2.3 & 3 of Section C dealing with the application
& implementation of a MDC.
27.15.1
Fifty-six day bid period limitations
(a)
Flight crew members will not be scheduled to exceed bid
period divisor (or, where applicable, personal divisor) plus 5
A flight crew member will not be scheduled to exceed bid period
divisor plus 5 credited hours in a bid period unless TCAM
allocates a bid line outside the standard window resulting from
the flight crew member's bid for patterns having a credited hours
value outside the lower limit or upper limit (with or without a
"NS" bid) of the standard window, in which case the flight crew
member will not be scheduled to exceed his or her personal divisor
plus 5 credited hours.
(b)
Flight crew members may be required to exceed bid period
divisor plus 5 where disruptions occur
A flight crew member may be required to exceed bid period divisor
(or, if applicable, personal divisor) plus five in a bid period
if, after departing the base station on the last pattern in the
bid period, the flight crew member is rescheduled or delayed on
the line due to an unexpected disruption to the pattern.
(c)
Flight crew members cannot elect to exceed bid period
divisor plus 10 without Company approval
A flight crew member may elect to exceed the bid period divisor
(or, if applicable, personal divisor) plus five in a bid period,
but the flight crew member can not elect to exceed the bid period
194.
divisor plus ten or subsequently elect for any further increase
without Company approval.
(d)
Bid period limitations proportionately reduced if a flight
crew member becomes a RLH for a portion of a bid period
A flight crew member who becomes a RLH for a portion of a bid period
will have his or her 56 day bid period limitations proportionately
reduced for each day of the bid period the flight crew member was
not available.
(e)
Limitations where a BLH or RLH takes annual or long service
leave or sick leave
Despite the limitations provided by this clause 27.15.1, a BLH's
or RLH's 56 day period limitations for a bid period in which the
flight crew member takes annual leave, long service leave or sick
leave will be extended by the number of credited hours accrued
in excess of MGH for the period of leave as determined under clause
27.15.7.
(f)
Calculating annual and long service leave credits for BLHs
and RLHs for bid period limitation purposes
For bid period limitation purposes, the calculation of credits
for annual and long service leave for BLHs and RLHs is MGH divided
by 56 per day.
27.15.2
Calculation of credited hours for a bid period
(a)
A flight crew member will receive credited hours in
accordance with this clause 27.15.2 for the calculation of pay
and bid period limitations.
(b)
A flight crew member's credited hours for a bid period
will be calculated in accordance with the following provisions:
(i) when a pattern begins and ends within a bid period, the
credited hours for the pattern will be credited to that bid
period;
(ii) credits for each portion of the pattern which spans two bid
periods will be apportioned by taking the credited hours for the
pattern and dividing this by the total number of roster calendar
days of the pattern;
(iii) if the flight crew member is assigned to a pattern not
contained in the flight crew member's original bid line and that
pattern together with minimum base turnaround time conflicts with
a pattern or patterns in the next pattern line, the credited hours
for that assigned pattern will be credited to each bid period as
at the last day of the bid period. Any hours so credited into the
195.
new bid period will reduce the hours for which the flight crew
member is pattern protected for that occasion; and
(iv) if the flight crew member is a BLH and/or a RLH and/or is
undergoing transitional training in both the bid period in which
the flight crew member's pattern begins and in the next bid period,
the credited hours for the pattern will be credited to each bid
period as at the last day of the bid period.
(v) For the purposes of clauses 27.15.2(b)(i), and to generally
determine the credited hours value of a portion of a pattern up
to a specific day, a flight crew member's credited hours for a
pattern will be the greatest of:
(1)
(2)
(3)
(4)
flight hour credits; or
deadhead credits; or
flight hour credits and deadhead credits; or
duty period credits
for scheduled duty periods beginning before 2359 on that specific
day;
OR
(5) MDC or elapsed time away credits ("ETAC") (accruing under
clause 27.15.6 calculated to 2359 local time on that specific day),
whichever applies,
will represent the first portion of the pattern and any balance
of credited hours will represent the second portion of that
pattern.
(c)
In computing credited hours for a pattern, the greatest
of the following calculation options will apply:
(1)
(2)
(3)
(4)
duty period credits
for scheduled duty periods; OR
(5)
MDC or ETAC (whichever applies) accruing under clause
27.15.6.
27.15.3
Flight hour credits
Explanatory note:
Clause 27.15.3 is to be read in conjunction with clause 27.2.3(a)
(relating to sector times)
196.
(a)
In computing the credits for hours flown, the agreed sector
times from block to block on each sector will be used. Those agreed
sector times will not be less than those in the Company's
published timetable.
(b)
For each flight hour of the agreed sector times, a flight
crew member of an operating crew will receive one (1) credited
hour pro rated for time less than one (1) hour.
(c)
For each flight hour of the agreed sector times scheduled
between 2000 (local standard time) and 0800 (local standard time)
at the initial point of departure of each flight duty period, a
flight crew member of an operating crew will, in addition, receive
a credit of one third of an hour pro rated for time less than one
(1) hour.
(d)
When the provisions of clause 27.15.3(a) above and 27.2.3(a)
extend a sector time beyond that shown in the Company's published
timetables, the extension will be deemed to take place at the end
of the applicable sector and the following sector will be deemed
to begin in accordance with the Company's published timetables.
27.15.4
Deadhead credits
(a)
A flight crew member will receive a credit of one (1) hour
for each scheduled flight hour of deadheading, pro rated for time
less than one (1) hour. The deadhead credit may not apply where
a flight crew member returns to base after being held out of
service and is subsequently found to be culpable, and where any
resultant penalty includes the loss of credited hours.
(b)
When a pattern contains deadheading a flight crew member
will receive MDC or ETAC (whichever applies) calculated in
accordance with clause 27.15.6.
(c)
A flight crew member who is scheduled to deadhead to his
or her base station to complete a pattern may, with the approval
of the Company and subject to loading, travel on an earlier or
later flight than the scheduled deadhead flight, but will receive
the credits that would have been received had the flight crew
member deadheaded to the base station as scheduled. In either case
the flight crew member's duty free time will be deemed to commence
as scheduled.
(d)
Where a flight crew member's scheduled deadhead travel
is delayed through no fault of the flight crew member, the delay
will be treated as a downline disruption.
(e)
When deadheading is done on surface transport, the fastest
published scheduled flight time between origin and destination
or comparable points will be used for determining credits. For
that mode of deadheading associated with a tour of flight duty,
197.
additional flight duty payments provided in accordance with
clause 25.1 will apply for the actual duty time.
(f)
When deadheading on aircraft or routes for which a schedule
is not published, the greater of:
(i)
(ii)
actual block time; and
MDC or ETAC (whichever applies)
will be used for determining credits.
(g)
Deadheading specified in this clause 27.15.4 will be
credited as though accumulated on the aircraft type to which the
flight crew member is currently allocated.
27.15.5
Duty period credits
(a)
All
flying
on
domestic rostering/flying
aircraft
except
B767
When a flight crew member reports for a duty period within a
pattern and leaves the blocks, he or she will receive a credit
of one (1) hour for each two (2) hours of the scheduled duty period,
pro rated for time less than one (1) hour. When the flight crew
member completes a pattern consisting of one duty period, he or
she will receive a credit of one (1) hour for each two (2) hours
of the scheduled or actual duty period, whichever is the greater,
pro rated for time less than one (1) hour.
(b)
With respect to B767 domestic rostering/flying when a flight crew
member reports for a duty period within a pattern and leaves the
blocks, the flight crew member will receive a credit of 0.67 of
an hour for each hour of the scheduled duty period, pro rated for
time less than one hour. When the flight crew member completes
a pattern consisting of one duty period, he or she will receive
a credit of 0.67 of an hour for each hour of the scheduled or actual
duty period, whichever is the greater, pro rated for time less
than one hour. The extra credit arising from the increase (i.e.
from 0.5 to 0.67) for the pattern may be treated by the Company
as a passive credit in two (2) bid periods per calendar year. The
Company must demonstrate to the Association's satisfaction that
use of the passive credit is necessary as a result of crew shortage
due to unforseen circumstances. If agreement cannot be reached
between the parties on the application of a passive credit, the
matter will be referred to the Grievance Board Chairman for a
decision. Both parties agree to be bound by the decision of the
Grievance Board Chairman.
(c)
Where the duty period includes deadheading
198.
For the purpose of this clause, where the duty period begins
and/or ends with deadheading, the duty period will be the time
between scheduled departure and/or arrival time as applicable to
the deadheading portion.
27.15.6
MDC and Elapsed time away credits ("ETAC")
Explanatory note:
Clause 27.15.6 is to be read in conjunction with:
•
the definition of minimum daily credit ("MDC") in clause 7;
and
•
clauses 2.3 and 3 of Section C dealing with the application
of a MDC.
(a)
Where MDC replaces ETAC
Pursuant to clauses 2.3.2, 2.3.3 and 3 of Section C of this
Agreement, a MDC (active credit) will replace ETAC in the
calculation of credited hours relating to patterns of flying on
all aircraft types (subject to clause 2.3.4 of Section C dealing
with B767 domestic patterns).
(b)
Value of MDC for flying patterns (except B767 domestic
patterns)
The value of MDC in relation to patterns of flying on all aircraft
types (except B767 domestic patterns), is 5 hours and 30 minutes
per calendar day, subject to implementation being phased in
pursuant to clauses 2.3.2, 2.3.3 and 3 of Section C of this
Agreement.
(c)
Application and value of MDC for B767 domestic patterns
The application and value of MDC in relation to B767 domestic
patterns is specified in clause 2.3.4 of Section C of this
Agreement.
(d)
Calculating the value of ETAC (where it applies)
Where it applies (and a flight crew member leaves the blocks),
ETAC is calculated as having a value of one (1) hour for each four
(4) hours of elapsed scheduled or actual time away (whichever is
greater), pro-rated for time less than one hour with a minimum
credit of three (3) hours, commencing at the actual or required
reporting time (whichever is later) and ending thirty (30)
minutes after the actual or scheduled arrival time on blocks
(whichever is later) of the last flight during that pattern.
(e)
Determining MDC or ETAC where MBTT at a flight crew member's
base station is less than the prescribed time
199.
For the purpose of determining MDC or ETAC (whichever applies),
a flight crew member's base station will be considered a
stopover within a pattern where the minimum base turnaround time
between patterns is less than that prescribed in clause 27.14,
except where either pattern was awarded and/or flown at the flight
crew member's request.
(f)
Where a flight crew member becomes unavailable due to
personal illness or other approved reasons during a pattern
When a flight crew member becomes unavailable because of personal
illness or due to other approved personal reasons during an
awarded or assigned pattern and the flight crew member is unable
to fly part or all of the pattern, MDC or ETAC (whichever applies)
will begin at the actual or required reporting time (whichever
is later) and will continue up to and including the day (or time,
in the case of ETAC) the flight crew member is unable to report
for the next scheduled duty or up to and including the day (or
time, in the case of ETAC) of the flight crew member's
repatriation (whichever is earlier).
(g)
Where a flight crew member becomes available again after
personal illness (or other approved reasons for being unavailable)
during a pattern and flies
Where a flight crew member becomes available again after personal
illness (or non-availability due to other approved personal
reasons) and flies part of the pattern affected by the
non-availability or flies another pattern:
(i) ETAC (if applicable) will resume from the time the flight crew
member becomes available for duty; or
(ii) MDC (if applicable) will not apply for the period of
non-availability but will resume from the day the flight crew
member becomes available for duty. The MDC calculation for the
pattern will be adjusted by the number of 24-hour periods that
the flight crew member was not available (that is, the duration
of non-availability divided by 24, with appropriate rounding to
whole calendar days).
(h) Where a flight crew member becomes available again after
personal illness during a pattern and does NOT fly
Where a flight crew member becomes available again after personal
illness (or non-availability due to other approved personal
reasons) and does not fly any further part of the pattern or
another pattern:
(i) ETAC (if applicable) will not resume, but the applicable
deadhead credits will be allowed for the flight crew member's
return to his or her base station; or
200.
(ii) MDC (if applicable) will apply for the flight crew member's
return to his or her base station but not for the period of
non-availability. The MDC calculation for the pattern will be
adjusted by the number of 24-hour periods that the flight crew
member was not available (that is, the duration of
non-availability divided by 24, with appropriate rounding to
whole calendar days).
(i) Where a flight crew member becomes available after being
unavailable due to approved personal reasons and does NOT fly
Where a flight crew member becomes available again after having
been unavailable due to other approved personal reasons and does
not fly any further part of the pattern or another pattern, the
flight crew member will be returned to his or her base station
without further credit.
(j) Where a flight crew member is withheld from service during
a pattern
The MDC or ETAC (whichever applies) for a pilot who is withheld
from service during a pattern and who is subsequently found to
be culpable will be measured from the actual or required reporting
time (whichever is later) to include the day (or time, in the case
of ETAC) the flight crew member was withheld from service.
(k)
B767 domestic flying
The minimum value of a B767 domestic pattern is 5 hours and 30
minutes.
(l) Credited hours where a flight crew member reports for duty
but does not leave the blocks
When a flight crew member at his or her base station reports as
required for a pattern and does not leave the blocks, the flight
crew member will receive a MDC.
27.15.7
Leave credits
(a)
A BLH and a RLH is entitled to credited hours based on
the bid period divisor divided by fifty-six (56) for each day of
annual leave, long service leave and personal/carer's leave. Note:
For an explanation of how pay credits for annual and long service
leave are calculated, refer to clauses 26.12 and 26.14.
(b)
During transitional training a flight crew member is
entitled to credited hours calculated in accordance with clause
27.15.10 for each day of annual leave, long service leave or
approved sick leave.
201.
(c)
A PLH is entitled to credited hours for each day of annual
leave, long service leave or approved carer's leave equal to the
bid period divisor divided by 56. Those credited hours will be
used to offset pattern protected hours and will not be used to
increase a flight crew member's projected credited hours EXCEPT
THAT:
(i) credited hours for annual or long service leave will only
offset those pattern protected hours resulting from the leave;
(ii) in the case of an assignable time available flight crew
member, the credited hours will be used to increase a flight crew
member's projected credited hours to MGH after having first
offset any pattern protected hours; and
(iii) credited hours calculated under this clause 27.15.7 for
annual and long service leave will be included in a flight crew
member's pattern line at the time of pattern line construction
and will increase a flight crew member's projected credited
hours.
(d)
A PLH is entitled to credited hours for each day of personal
leave (i.e. sick leave) equal to either:
(i)
where no medical certificate is supplied, the bid period
divisor divided by 56;
(ii) where a medical certificate is supplied, the bid period
divisor divided by 56 for days outside the pattern plus the
average daily credit of the pattern (calculated by dividing the
total value of the pattern by the number of calendar days of the
pattern) for each day of a pattern that the flight crew member
is unfit,
AND, with respect to both calculations, the credited hours for
personal leave will be used to offset pattern protected hours and
will not be used to increase a flight crew member's projected
credited hours EXCEPT THAT in the case of an assignable time
available flight crew member, the credited hours will be used to
increase a flight crew member's projected credited hours to MGH
after having first offset any pattern protected hours.
(e)
For each day of approved special leave, a flight crew member
is entitled to credited hours based on MGH divided by 56. A pattern
line holder will be given the credit for each day of special leave
only to the extent necessary to make up any time lost from patterns
relinquished due to the special leave.
(f)
For each day of approved defence force leave, a flight
crew member is entitled to credited hours based on MGH divided
by 56.
202.
(g)
For bid period limitation purposes for BLHs and RLHs,
credits for annual and long service leave will be the value
calculated by dividing MGH by 56 per day.
27.15.8
Personal training credits
(a)
All flight crew members (other than a flight crew member
undergoing transitional training) are entitled to receive MDC for
each training day on which his or her personal training duties
are completed EXCEPT THAT credits for training will be paid as
a passive credit and will not be given in the following
circumstances:
(i) where additional training is undertaken because the flight
crew member:
(1)
fails to maintain or reach the required standard of
proficiency; or
(2)
requests additional training.
(ii) for initial route qualification referred to in clause 37.10
unless a pilot is required to make a dedicated journey to the
airport to perform the duty at the Company's request;
(iii) where route qualification training is performed at a
pilot's request; and
(iv) where it is a pilot's responsibility to maintain route
qualification in accordance with clause 37.10.4.
(b)
Flight crew members will be paid training credits for:
(i) three (3) recurrent simulator sessions plus MDC for a home
study package (which may include a combination of simulator
session briefings, videos and multi-choice questionnaires, etc.);
or
(ii) at the Company's discretion, four (4) recurrent simulator
sessions plus any further home study required to be undertaken
(which subject to (d) will attract a 1:1 hourly credited,
pro-rated for time less than one (1) hour).
(c)
Where a flight crew member does not actually commence a
simulator training period he or she will receive MDC if:
(i) the flight crew member has contacted crew scheduling no
earlier than 1-1/2 hours prior to the required report time to
confirm the duty;
(ii)
the duty has been confirmed; and
(iii) the flight crew member reports for that duty but the
simulator training period has been cancelled.
203.
(d) In addition to these provisions, the Company may schedule
up to four hours of unpaid home based study programs (based on
the designed length of the course) in each calendar year to a
maximum of four programs.
27.15.9
Additional Credits
In addition to the credited hours computed in accordance with
clause 27.15.2, a flight crew member will receive credited hours
under the following circumstances:
(a)
Deadheading to and from a basing
(i) A flight crew member who deadheads to take up an assigned
basing or to return from an assigned basing will be credited with
MDC for each calendar day of deadheading.
(ii) A flight crew member who deadheads to take up an awarded
basing or to return from an awarded basing will not accrue
credited hours for the deadhead travel.
(b)
(i)
Standby duty credit
MDC applies for each standby duty.
(ii) If a flight crew member on standby is called out and leaves
home at the Company's request but does not sign on, the flight
crew member will be paid a call out fee of three (3) credited hours
additional to the standby credit if at any time during the
intervening period, the Company cancels the call out.
If a flight crew member on standby is called out and signs on for
a pattern/duty, the standby duty will cease at the planned sign
on time for the pattern. The credit for the standby duty will
be MDC multiplied by the actual duration of the standby duty
divided by the planned duration of the standby duty.
(c)
Credit for operating during other flight crew members'
training
A flight crew member who is required to position from his or her
base station for duty as an operating flight crew member or safety
pilot engaged in training other flight crew members will receive:
(i)
(ii)
(iii)
(iv)
(v)
MDC or ETAC (whichever applies); or
duty period credits
whichever is greatest.
204.
(d)
Credits for simulator support
(i) A flight crew member who is required as an operating flight
crew member in a flight simulator engaged in training other flight
crew members will receive MDC for the occasion.
(ii) A flight crew member will receive MDC for a simulator session
where the required briefing commencement time has passed and the
session is subsequently cancelled.
(e)
Credits for additional sectors after the 15-4
obligation
contact
Explanatory note:
Clause 27.15.9(e) is to be read in conjunction with clause 25.5
(Additional sectors after 15-4 contact obligation).
The Company will not place additional sectors on the front end
of a pattern after the 15-4 contact obligation has been made (i.e.
contact by a flight crew member that is not more than fifteen (15)
hours and not less than four (4) hours before the scheduled
departure time of a pattern) without the flight crew member's
agreement, unless there is no other way to crew the service. If
sectors are added in such circumstances, the flight hour value
of the additional sector(s) will be paid as additional credited
hours.
(f)
Out of base training
A pilot will receive deadhead credits (in addition to any
applicable training credit) on any day where a pilot attends a
training duty (including but not limited to personal training,
EPs, security and simulator support sessions) away from his/her
base station provided that the deadhead credit only applies where
a credit applies to the training duty. The deadhead credits may,
at the discretion of the Company, be considered passive where the
training duty credit is passive. Deadhead flights associated with
ground training duties (including but not limited to personal
training, emergency procedures, security and simulator support
sessions) at a location other than the flight crew member’s base
will be rostered using the latest available flight to the training
duty and the first available flight returning to the flight crew
member’s base after the conclusion of the training duty, subject
to allowing for reasonable ground travelling times to and from
the respective training location.
27.15.10 Transitional training credits
(a)
Where a flight crew member has not failed a training program
for 7 years
205.
A flight crew member who has not failed a transitional training
program for seven years is entitled to credited hours based on
each relevant bid period divisor, divided by 56 for each day of
the transitional training period.
(b)
Where a flight crew member has failed a training program
in the preceding 7 years
A flight crew member who has failed his or her last transitional
training program within the preceding seven years is entitled to
credited hours based on MGH divided by 56 for each day of the
transitional training period.
(c)
Where a flight crew member is given credited hours for
approved leave
The provisions of clauses 27.15.10(a) and 27.15.10(b) will not
apply where a flight crew member is given credited hours for
approved leave in accordance with 27.15.7(b) and 27.15.7(d).
(d)
Calculating credited hours for transitional training
At the end of a transitional training period within a bid period
or at the end of a bid period within a transitional training period,
a flight crew member's accrued credited hours for transitional
training during that bid period will be the greater of:
(i) the sum of credited hours given for transitional training and
approved leave during the transitional training period; or
(ii) the sum of credited hours given for duties during the
transitional training period.
(e)
Minimum pay for the bid period in which transitional
training commences
Situation 1
(i) A flight crew member who has not failed a transitional
training program for seven years and who commences a transitional
training program is entitled to a minimum pay for the bid period
in which the training commences calculated as the lesser of:
(1)
the original value of the pattern line; and
(2)
the relevant bid period divisor.
(ii) For the two bid periods in which the flight crew member, is
a PLH (where the flight crew member is not on annual or long
service leave) following completion of transitional training in
which the flight crew member is a pattern line holder, the flight
crew member will be considered assignable time available. The
206.
flight crew member may be required to offset the number of
credited hours so determined within the next two bid periods
during which the flight crew member is a PLH.
(iii) The number of credited hours for which the flight crew
member will be assignable time available will be determined by
dividing the monetary amount of pattern protection resulting from
the difference between the hours determined in the preceding
clause and minimum guarantee hours (or accrued credited hours,
if greater) by the flight crew member's new total hourly pay rate.
This will apply until offset or relinquished by the flight crew
member.
(iv) Offsets may be pre-assigned to take place in the first
fourteen days of the flight crew member's first bid period as a
pattern line holder in the new category. If the company has not
recouped hours associated with this pattern protection within two
bid periods when the flight crew member is a pattern line holder,
all obligations by the flight crew member under this clause
27.15.10(e) {Situation 1) will cease.
Situation 2
(i) A flight crew member who has not failed a transitional
training program for seven years and who is a pattern line holder
in a bid period during which transitional training commences will
be entitled to credited hours for the bid period calculated as
the greater of:
(1)
credited hours in accordance with 27.15.10(a); or
(2)
the credited hours value of the bid period divisor
if the relevant transitional training period had not been
advertised prior to the closure time for bidding for that bid
line.
(ii) If, at the time the transitional training vacancy was
allocated, a flight crew member's projected credited hours are
less than the bid period divisor, the flight crew member will be
protected to the value of projected credited hours at that time.
(iii) A flight crew member whose pay is protected in accordance
with this clause 27.15.10(e) {Situation 2) will be considered to
be an assignable time available flight crew member, based on the
number of credited hours for which the flight crew member is
protected, for the portion of the bid period during which he or
she is not undergoing transitional training.
207.
(f)
Pay for the bid period in which transitional training is
successfully completed
(i) A flight crew member who successfully completes a
transitional training program is entitled to a minimum pay for
the bid period calculated as the greater of:
(1)
minimum guaranteed pay; and
(2)
the pay the flight crew member would have received in
accordance with clause 27.15.10(a) had the flight crew member
continued on transitional training for the entire bid period.
(ii) During the period of the bid period when a flight crew member
is a RLH in the new category, the flight crew member will be
considered assignable time available until the projected
credited hours for that bid period, multiplied by the actual rates
of pay applicable during the bid period, equal or exceed the value
of that pay entitlement for the bid period.
27.15.11 Early
sign
on
for
route
qualification/recency/control checks/training packages (e.g.
contaminated runways)
(a)
The Company may nominate an earlier sign on time for:
(i)
Non-simulator route qualifications
(ii)
Control checks; and
(iii) Small
periods
of non-simulator
training
contaminated runways) for a maximum of half an hour
(e.g.
on the basis of 1:1 credits for additional time, and the tour of
duty is based on the earlier (new) sign-on time.
(b)
The Company may offer an earlier sign on time for recency
in the simulator. If the offer is accepted it will be on the basis
of an additional payment of 1:1 credit for any required simulator
and briefing time, and the tour of duty is based on the earlier
(new) sign on time. Rejection of the offer does not constitute
rejection of a training offer.
27.15.12 Banking hours
A flight crew member whose projected credited hours by assignment
exceeds the bid period divisor (or, if applicable, personal
divisor) plus 5 hours, may bank the excess hours rather than
taking them as pay, and do any one of the following:
(a)
opt to be paid the hours banked (on written request, with
sufficient notice in the day 29 pay); or
(b)
or
use the excess hours to offset any pattern protection;
208.
(c)
at the discretion of Aircrew Scheduling, use the hours
to drop a future pattern (may not be confirmed until normal
closure of open time for the pattern) provided however the flight
crew member must indicate the desire to drop a particular future
pattern before the normal closure of open time with respect to
that pattern. Where a flight crew member changes category it will
be the dollar value of credited hours that can be used in the
higher category; or
(d)
at the discretion of Aircrew Scheduling, have the excess
hours pre-allocated to a future bid period (with respect to which
the flight crew member can bid for flying as per normal bidding
arrangements) if the pilot does not have the ability to drop the
hours before the bid period ends. Where a flight crew member
changes category it will be the dollar value of the credited hours
that can be used in the higher category.
27.16
PATTERN PROTECTION
Explanatory notes:
•
•
•
•
•
•
•
Clause 12.8.2 (where a flight crew member is withheld from
service pending an investigation following an aircraft
incident or accident);
Clause 27.20.8 (How pattern protection applies where a
flight crew member fails to achieve/maintain the required
standard)
Clause 27.4.2(c) & (d) (Short PLHs and Low PLHs)
* Various pattern protection circumstances identified
in
clause
27.22.2 (Exceptions to flying allocated
patterns);
Clause 37.11 (Recency and cyclic training requirements);
S.A.3 (Telephone Protocol)
S.A.6 (Dropping of patterns against annual leave)
27.16.1
The meaning of pattern protection
If a pattern line holder is qualified in all respects to fly a
pattern allocated under the provisions in this Agreement and,
through no personal fault, is unable to fly all or part of the
pattern ("loses time from a pattern"):
(a)
the flight crew member will receive projected credited
hours in accordance with clause 27.16.2;
(b)
the flight crew member will be known as a "pattern protected
flight crew member"; and
209.
(c)
the number of credited hours a flight crew member loses
from a pattern and in respect of which he or she is entitled to
pattern protection, will be known as the "pattern protected
hours" for that occasion.
27.16.2
How pattern protected hours are calculated in the
circumstances under which flight crew members are entitled to
pattern protection
Pattern protected hours are calculated in accordance with the
following clauses (a) to (f) inclusive which describe the
circumstances under which flight crew members are entitled to
pattern protection:
(a)
No conflict between patterns
Where a flight crew member loses time from a pattern and the loss
of time is not due to a conflict between patterns, the number of
pattern protected hours will be calculated as being the
difference between the credited hours value of the scheduled
pattern and the credited hours for that part of the pattern
actually flown by the flight crew member, and will apply where:
(i)
the pattern is disrupted downline;
(ii)
the pattern is cancelled;
(iii)
the pattern is rescheduled;
(iv) the pattern is operated with a different aircraft type on
which the flight crew member is not qualified to fly;
(v)
the flight crew member is displaced from the pattern by
the Company;
(vi)
the flight crew member is removed from the pattern for
training in accordance with clauses 37.4 and 37.11.3;
(vii) the flight crew member is not qualified to fly the pattern
in accordance with clause 37.10;
(viii) the flight crew member is withheld from service due to an
aircraft accident or incident and no negligence is attributable
to the flight crew member.
A flight crew member will not lose time from a pattern because
of a fast flight on any sector, in which circumstance the flight
crew member will receive the credited hours value of the scheduled
pattern and will not be considered to be pattern protected for
this occasion.
(b)
Conflict
standbys
between
patterns
due to
assignments
and/or
Where a flight crew member is allocated a pattern (including the
minimum base turnaround time associated with the pattern) that
conflicts with the flight crew member's next allocated pattern
as originally scheduled on his or her pattern line or from open
time or would result in the flight crew member exceeding Aviation
210.
Regulatory Authority limitations during the next allocated
pattern (if flown), the Company will remove the patterns or part
of the patterns infringed or causing the limitations, in which
case the number of pattern protected hours will be calculated as
being the difference between the credited hours value of the next
allocated pattern as originally scheduled on his or her pattern
line or from open time and the credited hours for the
removed/adjusted pattern or patterns, and will apply where the
pattern:
(i)
resulted from an awarded or assigned standby duty;
(ii)
was assigned under clause 27.21 at Priority 17 (open time
provisions);
(iii)
was assigned whilst the flight crew member was serving
as a BLH or RLH;
(iv) was assigned to offset assignable time available hours and
the assigned pattern conflicts with a pattern or patterns in the
flight crew member's next allocated pattern line;
EXCEPT THAT:
Where the conflicting patterns commence in different bid periods
the number of pattern protected hours will be calculated by
subtracting any credited hours accrued in the new bid period in
accordance with clause 27.15.2(b) from the credited hours value
of the removed/adjusted pattern or patterns as originally
scheduled.
(c)
Conflict between patterns due to downline disruption
(i) Where a flight crew member's pattern is disrupted downline
and the disrupted pattern (including the minimum base turnaround
time associated with the pattern) conflicts with the flight crew
member's next allocated pattern on his or her pattern line or from
open time or would result in the flight crew member exceeding
Aviation Regulatory Authority limitations during the next
allocated pattern or patterns (if flown), the Company will remove
the patterns or part of the patterns infringed or causing the
limitations and the number of pattern protected hours will be
calculated as being the difference between the credited hours
value of the pattern causing the removal/adjustment and of the
next allocated pattern as originally scheduled on his or her
pattern line or from open time and the credited hours for the
adjusted pattern.
(ii) Where the disrupted pattern had been allocated to offset
pattern protected hours:
(1)
the credited hours accrued for the disrupted pattern will
reduce and offset the flight crew member's pattern protected
hours; and
211.
(2)
any credited hours remaining from the disrupted pattern
(after the offset in (1) above) will be subtracted from the
credited hours value of the next allocated pattern as originally
scheduled on his or her pattern line or from open time and the
difference resulting from that subtraction will be pattern
protected hours.
EXCEPT THAT where the conflicting patterns commence in different
bid periods the number of pattern protected hours will be
calculated by subtracting any credited hours accrued in the new
bid period in accordance with clause 27.15.2(b) from the credited
hours value of the removed/adjusted pattern or patterns as
originally scheduled.
(d)
Overprojection
Where a flight crew member:
(i)
flies a pattern resulting from an allocated standby duty;
or
(ii) flies a pattern assigned under clause 27.21 at Priority 18
(open time provisions) in this Agreement
AND the flight crew member relinquishes projected credited hours
in accordance with clause 27.22.2(j), the number of pattern
protected hours will be calculated by subtracting the remaining
projected credited hours from the personal divisor plus five.
However, where the Company removes projected credited hours in
accordance with clause 27.22.2(k) rather than the flight crew
member relinquishing them in accordance with clause 27.22.2(j),
the number of pattern protected hours will be calculated by
subtracting the remaining projected credited hours from the bid
period divisor plus ten or if the flight crew member was already
over projected and, if greater, from the credited hours to which
the flight crew member was projected prior to accruing the
additional credited hours.
(e)
Personal illness
Explanatory note: Sub-clause (e) is to be read in conjunction with
clauses 27.15.7(d), 27.16.5(i), 27.16.5(h)
If a flight crew member is entitled to sick leave in accordance
with clause 31 of this Agreement, and
(i) the flight crew member loses time from an allocated pattern
or patterns due to personal illness, the flight crew member will
be pattern protected to for the credited hours value of each
pattern as published in the pattern line at the time it was
allocated;
212.
(ii) after commencing a pattern, the flight crew member loses time
from the pattern due to a personal illness, the flight crew member
will be pattern protected and the number of pattern protected
hours will be calculated by subtracting the credited hours
accrued for that part of the pattern actually flown, from the
total credited hours value of the pattern
BUT if a flight crew member loses time from a pattern allocated
under the open time provisions due to a personal illness, he or
she will not be entitled to pattern protection unless clause
27.16.2(e)(i) applies.
(f)
Annual leave, long service leave and jury duty
(i) Where a flight crew member is granted annual or long service
leave or is on jury duty and is unavailable to fly a pattern or
patterns because of the leave or jury duty, the flight crew member
will be pattern protected for the credited hours value of the
pattern or patterns at the time they were allocated.
(ii) A flight crew member who takes approved leave other than
annual or long service leave or leave to attend for jury duty,
will not be entitled to pattern protection.
(iii) Regardless of the number of patterns the flight crew member
is unavailable to fly as a result of a period of leave, pattern
protection for the duration of the leave will be considered to
be only one pattern protected occasion, except that where the
leave begins in one bid period and ends in another, a pattern
protected occasion will be created for each bid period.
(iv) If a flight crew member loses time as a result of having his
or her approved annual or long service leave (allocated to a
pattern line holder at the time pattern lines are constructed)
cancelled, deferred or disrupted by the Company after pattern
lines have been allocated, the flight crew member will be pattern
protected in accordance with 27.16.5(f) unless the Company and
the Association agree that pattern protection will not apply in
the circumstances.
(v) Where a pattern line cannot be constructed to the lower limit
of the standard window due to planned leave, a flight crew member
will be pattern protected subject to being available for offsets
in accordance with clause 27.16.5(i).
27.16.3
Calculating pay and flight time limitations having
regard to pattern protected hours
(a) Pattern protected hours which have been accrued, but not
offset, in a bid period will be taken into account for the purpose
of calculating:
213.
(i)
(ii)
pay; and
bid period limitations.
(b) Pattern protected hours will be paid at the flight crew
member's appropriate hourly rate of pay applicable at the time
the pattern protected occasion occurred.
27.16.4
Dropping pattern protection
A flight crew member may drop pattern protection (but can not
project himself or herself below 132 hours without the Company's
approval) by advising Aircrew Scheduling within 36 hours of his
or her first contact with the Company or accessing CIS and
accepting notification of the pattern protection. The flight crew
member will be deemed to be a time available flight crew member
and have Priority IB status in open time to recover the dropped
time available hours. However, Priority IB will only apply to
allow the flight crew member to achieve credited hours up to the
value to which the flight crew member was projected prior to
becoming pattern protected. The flight crew member will have
Priority 5 status in open time for projected credited hours with
respect to any bid for open time flying that would take the flight
crew member above the value to which the flight crew member was
projected prior to becoming pattern protected.
A flight crew member who drops pattern protection will be paid
accrued credited hours.
27.16.5
(a)
Offsetting pattern protected hours
Company may require pattern protection to be offset
The Company may require a flight crew member to offset pattern
protection in the circumstances set out in this clause 27.16.5.
(b)
Offering or awarding open time flying or other duty to
a pattern protected flight crew member
A pattern protected flight crew member may:
(i)
bid for, and be awarded, open time flying in accordance
with clause 27.21 (open time provisions);
(ii)
time:
be offered open time flying and/or other duty up to the
(1)
the
(2)
the
(3)
the
protection;
(4)
the
pattern protection is completely offset; or
Company exercises its right to assign; or
flight
crew
member
rejects
the
pattern
or
flight crew member's bid period ends; or
214.
(5)
the flight crew member's period of availability ends in
accordance with 27.16.5(j).
(c)
Flight crew member's right to reject offer of open time
or other duty without losing pattern protection
A pattern protected flight crew member may decline to accept an
offer or offers of open time or other duty without losing or
affecting the pattern protected hours. Rejection of an offer to
offset pattern protection with credits for training will not be
construed to be a rejection of an offer of training.
(d)
Rate at which pattern protection is offset
If a pattern protected flight crew member flies open time or
performs a duty that is offered and/or awarded:
(i)
(ii)
(iii)
(iv)
(v)
under clause 27.21 (open time provisions);
under clause 27.19 (standby provisions);
for route qualification purposes;
for cyclic training purposes; or
for recency purposes
the credited hours accrued for the duty and any resulting patterns
or duty will offset the pattern protected hours to which the
flight crew member is entitled at the rate of one for one. Pattern
protected hours resulting from sick leave on half pay or sick
leave without pay will be offset before pattern protected hours
at full pay are offset.
(e)
When the obligation to offset pattern protected hours is
extinguished
If the credited hours accrued by a pattern protected flight crew
member for performing a duty awarded or offered under clause 27.21
(open time provisions) or under clause 27.19 (standby provisions)
and any resulting patterns or any other duty do not fully offset
all the pattern protected hours to which the flight crew member
is entitled, the flight crew member may bid for, or the Company
may offer and the crew may accept further open time flying or
standby duty up to the time (whichever occurs first) that:
(i)
the pattern protection is completely offset;
(ii)
the Company exercises its right to assign duty;
(iii)
the flight crew member rejects the remaining pattern
protection;
(iv)
the flight crew member's bid period ends; or
215.
(v)
the flight crew member's period of availability ends under
27.16.5(j).
(f)
Company's right to assign open time flying or other duty
to a pattern protected flight crew member who declines an offer
of open time flying or other duty
If a pattern protected flight crew member declines to accept an
offer of open time flying (or other duty provided for in clause
27.15.9), the Company may assign the flight crew member to that
open time flying or that other duty, in accordance with the
following rules:
(i)
Number of offsets available to the Company
The flight crew member can only be assigned to two patterns or
two other duties provided for in clause 27.15.9 or a combination
of a pattern and a duty for each pattern protected occasion.
Note: For a pattern that overlaps two bid periods the maximum
number of offsets is 2 (refer clause 27.4.2(f)(ii)(l)).
In making an assignment under this clause, the Company will inform
the flight crew member of the pattern protected occasion or
occasions which produced the pattern protected hours and the
number of pattern protected hours remaining for that occasion.
(ii) Each pattern protected occasion can be treated separately
or combined
Within a bid period, the Company can treat each occasion of
pattern protection as a separate occasion or combine two or more
separate occasions and treat them as one pattern protected
occasion. In making an assignment under this clause, the Company
will select and designate the pattern protected occasion or
occasions it wishes to offset with each assignment regardless of
the order in which the pattern protected occasions occurred. The
Company will also inform the flight crew member of the pattern
protected occasion or occasions that produced the pattern
protected hours and the number of pattern protected hours
remaining for that occasion. The making of such an assignment will
in no way affect the Company's right to make assignments with
respect to prior or subsequent pattern protected occasions.
(iii) Open time or other duty assigned not to interfere with any
other pattern or MBTT
An open time pattern or other duty provided for in clause 27.15.9
which is assigned to a pattern protected flight crew member will
not interfere with any other pattern in the flight crew member's
pattern line for the then current bid period or the next bid period
216.
or with the minimum base turnaround time entitlement except as
provided in clause 27.19 (Standby duty).
(iv) Duty assigned to offset pattern protected hours must not
overproject a flight crew member to exceed divisor plus 5
An open time pattern or standby duty (and any pattern resulting
from that duty) or other duty provided for in clause 27.15.9,
assigned to a pattern protected flight crew member can be of more
or less credited hours than the pattern protected hours but can
not project the flight crew member to exceed the bid period
divisor (or, where applicable, personal divisor) plus five
credited hours, or the credited hours to which the flight crew
member is projected at that time, whichever is greater.
(v) Declining to accept assigned pattern or duty resulting in loss
of remaining pattern protected hours for that occasion
The flight crew member may decline to accept the assigned pattern
or other duty provided for in clause 27.15.9, and by so doing will
lose all the remaining pattern protected hours for that occasion.
(vi) Assigned duty offsets pattern protected hours on a 1:1 basis
The credited hours accrued for an assigned pattern, standby duty
(and any other pattern resulting from that duty) or other duty
provided for in clause 27.15.9 will offset and diminish the
remaining pattern protected hours entitled for that occasion on
a one hour for one hour basis. Pattern protected hours resulting
from sick leave on half pay or sick leave without pay will be
offset before pattern protected hours, at full pay.
(vii) Accepting an assignment that does not fully offset will
result in fixed pattern protection
If a pattern protected flight crew member accepts an assignment
and the credited hours accrued for the assigned pattern, standby
duty (and any pattern resulting from that duty) or other duty
clause 27.15.9, do not fully offset all the remaining pattern
protected hours for that occasion, the pattern protected hours
still remaining for that occasion will become fixed and will be
credited to the flight crew member and will not be subject to any
later offset.
(g) Pattern protected hours are completely offset by an assigned
duty
Once a flight crew member accepts an assignment to offset pattern
protection, any remaining pattern protected hours resulting from
the occasion or occasions which are subject to the assignment will
not be subject to further offset by the allocation of additional
open time flying or other duty.
217.
(h)
No pattern protection for BLHs or RLHs
(i) A flight crew member who is a BLH or RLH will accrue credited
hours for patterns and/or duties performed but will not be
entitled to pattern protection.
(ii) Where a pattern line holder becomes a RLH for a portion of
a bid period, he or she will retain any pattern protected hours
accrued during the period as a pattern line holder.
(i) Offsettable pattern protection: Flight crew member to be
available for offers/assignments to offset pattern protection
for the duration of the bid period (general circumstances)
From the time the Company informs a flight crew member that he
or she is a pattern protected flight crew member until either:
•
the end of the flight crew member's bid period (or in the
case of personal illness, 28 days after reporting fit,
whichever occurs later);
OR
•
the pattern protection obligation ceases,
whichever occurs first, the flight crew member will be available
for offers and/or assignments of patterns and/or other duties as
provided in clause 27.15.9 and/or the offer of other duties EXCEPT
THAT the flight crew member is not required to be available for
contact on any designated or redesignated duty free days
scheduled in the pattern line once those duty free days have
commenced and PROVIDED FURTHER where, in the case of personal
illness, a flight crew member's obligation to offset pattern
protection extends into the 28 day period referred to in this
clause, the duty allocated to offset that pattern protection will
be contained within the 28 day period (however, where a flight
crew member is a BLH in the bid period immediately following the
bid period in which he or she reported unfit for duty, the
obligation to offset the resulting pattern protection, for the
number of pattern protected hours and the period of availability,
will be deferred to his or her next pattern line). This clause
27.16.5(1) applies where:
(i)
the pattern is disrupted downline except as provided in
clause 27.16.5(k)(iv);
(ii)
the pattern is cancelled;
(iii)
the pattern is rescheduled;
218.
(iv) the pattern is operated with a different aircraft type on
which the flight crew member is not qualified to fly;
(v)
the flight crew member is on annual leave or long service
leave;
(vi) the flight crew member is unavailable because of personal
illness;
(vii) the flight crew member is withheld from service due to an
aircraft accident or incident and no negligence is attributable
to the flight crew member PROVIDED THAT the flight crew member
is not required to offset credited hours for a pattern (or
patterns or portions of patterns) during the period the flight
crew member is withheld from service, in which case the pattern
protected hours become fixed;
(viii) the pattern or duty is assigned to the flight crew member
whilst serving as a BLH or RLH;
(ix) the flight crew member relinquishes projected credited hours
or the Company removes projected credited hours under clause
27.16.2(d) (dealing with overprojection);
(x) the pattern was assigned to offset assignable time available
hours and the assigned pattern conflicts with the first pattern
or patterns in the next pattern line;
(xi) the flight crew member is required to attend for jury duty;
and
(xii) annual or long service leave (allocated to a pattern line
holder at the time pattern lines are constructed) is cancelled,
deferred or disrupted by the Company after pattern lines have been
allocated.
(xiii) a flight crew member has been disadvantaged in the
allocation process due to an error in the data used, in which case
the flight crew member will be pattern protected to the bid period
divisor and will be available for offsets in accordance with this
clause 27.16.5(i).
(xiv) a flight crew member is a short PLH.
(j) Date-limited pattern protection: Flight crew members to be
available for offers/assignments to offset pattern protection
for the duration of the pattern (where related to training,
qualifications or displacement)
(i)
In circumstances where a flight crew member:
219.
(1)
is removed from a pattern for training (through no personal
fault of the flight crew member);
(2)
is removed from a pattern because the flight crew member
(through no personal fault) is not qualified; or
(3)
is displaced from a pattern by the Company (EXCEPT where
the pattern is to be flown by a supervisory flight crew member
for reasons other than training or checking purposes),
and the flight crew member has been advised that he or she is
entitled to pattern protection, the flight crew member is
required to contact the Company on the day prior to the
date-limited pattern protected occasion. The flight crew member
must also comply with the last DDFD call in procedure as detailed
in clause 27.18.5. Any pattern or other duty as provided in clause
27.15.9 assigned under this clause 27.16.5(j) are to take place
during the period of the pattern (or patterns or portions of
patterns) from which the flight crew member is removed or
displaced.
(ii) Where a flight crew member is removed (through no personal
fault) for his or her training or because the flight crew member
is not qualified, any training or qualification may be assigned
during the period of the pattern (or patterns or portions of
patterns) from which the flight crew member is removed or at
another time consistent with the provisions in this Agreement.
(iii) Where a flight crew member is displaced in accordance with
clause 27.16.5(j)(i)(3) and placed on standby and subsequently
required to operate a flight, the Company must return the flight
crew member to his or base station within the period of the pattern
from which the flight crew member was displaced.
(k) Fixed pattern protection: When pattern protected hours do not
have to be offset
A pattern line holder who becomes entitled to pattern protection
is not required to offset pattern protection in circumstances
where:
(i) the flight crew member loses projected credited hours
because:
(1)
he or she was required to operate a pattern resulting from
an allocated standby duty; or
(2)
of a pattern assigned under Priorities 16 and 18 of clause
27.21 (open time provisions); or
(3)
he or she was displaced from a pattern by the Company for
a Supervisory flight crew member not performing training or
checking duties; or
220.
(4)
the pattern was disrupted downline and the flight crew
member accrued for that pattern, flight hour credits and/or
deadhead credits to a value of not less than 85 percent of the
flight hour credit and/or deadhead credit value of the patterns
as at the reporting time to commence the pattern. (Note: This
provision does not apply in cases where the disruption was caused
by a flight crew member's own sickness or non-availability); or
(5)
he or she was displaced for a flight crew member who failed
to maintain the required standard or demonstrated a below
standard performance and who required additional training;
(ii) the pattern protection is 30 minutes or less (resulting from
a schedule or aircraft gauge change); or
(iii) the flight crew member reports unfit for the whole of a
pattern and subsequently provides a medical certificate (in which
case the sick leave credit will equal the credited hours for the
pattern).
(l) Multi-offsettable pattern protection: Multiple offsets if a
flight crew member does not meet a contact obligation or is
assignable time available or does not satisfactorily complete a
cyclic simulator session
(i)
If a flight crew member does not meet a contact obligation
A pattern protected flight crew member will become subject to
multiple offsets of the credited hours value of a specific pattern
(or for the value of the amended pattern if that specific pattern
is disrupted downline) if:
(1)
the flight crew member does not meet a contact obligation
in accordance with this Agreement; and
(2)
as a result, the Company is unable to offer and/or assign
that specific pattern protection offset to the flight crew member
for a period not exceeding 112 days (exclusive of any leave)
commencing on the day after the day on which the flight crew member
did not meet the contact obligation.
(ii)
If a flight crew member is assignable time available
An assignable time available flight crew member will become
subject to multiple offsets until all time available hours have
been offset.
(iii)
Unsatisfactory cyclic simulator session
A pattern protected flight crew member who does not
satisfactorily complete a session of cyclic simulator training
221.
that results in the flight crew member being unavailable for
subsequent flying duties, will become subject to multiple offsets
for a period not exceeding 56 days commencing on the day after
the day of the unsatisfactory cyclic simulator session.
27.17 DUTY
STATION
FREE
TIME
AT A
FLIGHT
CREW
MEMBER'S
BASE
Explanatory note:
•
•
•
•
Clause 25.2 (Additional payment for loss of duty free time
over two consecutive bid periods)
Clause 27.4.2(g) (Building duty free periods into pattern
lines)
Clause 27.16.4(b) (the expressed exception in the clause
that a flight crew member is not required to be available
for contact on any designated or redesignated duty free days
scheduled in the pattern line once those duty free days have
commenced);
Clause 31.3.11 (Designated duty free days within sick leave
period)
27.17.1
Entitlement to duty free time
A flight crew member is entitled to receive duty free time at his
or her base station in accordance with this clause 27.17.
27.17.2
(a)
Measuring a duty free period
Duty free periods:
(i)
of 24 consecutive hours; or
(ii)
in excess of 24 consecutive hours but not exceeding 35
hours and 59 minutes
will be regarded as one 24 hour duty free period.
(b)
Duty free periods of 36 consecutive hours but not exceeding
47 hours and 59 minutes will be regarded as one and one-half 24
hour duty free period etc.
(c)
Except as otherwise provided in this clause 27.17.2, a
duty free period of less than 24 consecutive hours between duties
will be disregarded.
222.
27.17.3
Scheduling duty free days into bid lines
Explanatory note:
Clause 27.17.3 is to be read in conjunction with clauses 28.26
(DDFDs and DDFPs within a flight crew member's allocated annual
leave) and clause 31.3.11 (DDFDs within sick leave period).
The Company will schedule and indicate 18 designated duty free
days ("DDFDs") on each bid line subject to the following:
(a)
Grouping DDFDs for BLHs and RLHs
(i) For BLHs or RLHs, DDFDs will be scheduled and indicated in
groups comprising at least 2 periods of 3 days and 6 periods of
2 days and will be evenly distributed throughout the bid period.
(ii) Aircrew Operations may approve a request from BLHs or RLHs
on one occasion only in any bid period to have one group of DDFDs
moved to combine with another group of DDFDs to provide no more
than five (5) consecutive DDFDs.
(b)
When DDFDs are pro-rated
(i) A flight crew member who becomes a RLH for part of a bid period
is entitled to a pro-ration of DDFDs;
(ii) Where a flight crew member has annual or long service leave
in a bid period, the number of DDFDs or RDFDs in the period of
leave will not exceed the number of days' leave in the bid period
divided by 56 and multiplied by 18.
(c)
Number of duty free periods over two consecutive bid periods
A flight crew member who is a bid line holder for two consecutive
bid periods standing alone (e.g. bid periods 1 and 2, 3 and 4 etc)
will have 44 duty free periods each of 24 hours measured in
accordance with clause 27.17.2;
(d)
Redesignating infringed DDFDs if a flight crew member flies
assigned open time flying
If a flight crew member's DDFDs are infringed when the flight crew
member flies assigned open time flying or performs assigned
duties, the DDFDs will be redesignated in accordance with clauses
27.17.4 and 27.17.5;
(e)
Advancing or retarding DDFDs by agreement
DDFDs in a flight crew member's bid line may be advanced or
retarded by agreement between the flight crew member and the
Company.
223.
27.17.4
DDFDs
(a)
Specific provisions relating to PLHs and redesignating
Circumstances when a PLH's DDFDs can be infringed
A pattern line holder's DDFDs may be infringed under the following
circumstances:
(i) when the flight crew member returns to his or her base station
from a pattern scheduled in the bid line, or a substituted pattern,
later than scheduled on the original bid line and that late return
conflicts with a DDFD or DDFDs;
(ii) when a pattern or duty scheduled in the previous bid line
conflicts with a DDFD or DDFDs scheduled in the next bid line;
(iii) when a base duty extends beyond midnight and infringes a
DDFD;
(iv) when the Company is unable to assign the flight crew member
to a training day on other than a DDFD;
(v) when the flight crew member is assigned a pattern under clause
27.21.5 (Priority for allocating open time) at Priorities 16 and
18 or assigned a standby under clause 27.19.1 (Order for
allocating standby duty) at Priority 9 and that pattern or
standby conflicts with a DDFD or DDFDs;
(vi) when the flight crew member is assigned a pattern or duty
as an assignable time available flight crew member or as a pattern
protected flight crew member and that pattern or duty conflicts
with a DDFD or DDFDs;
(vii) When the flight crew member is awarded a pattern or duty
and that pattern or duty conflicts with a DDFD or DDFDs.
(b)
Rescheduling infringed DDFDs
(i) DDFDs infringed in the circumstances set out in clause
27.17.4(a)(i) to (v) inclusive will be rescheduled to be taken
as soon as possible after the pattern or duty causing the delay
but without interfering with the flight crew member's next
scheduled pattern or duty.
(ii) DDFDs infringed in the circumstances set out in clause
27.17.4(a)(vi) will, where possible, be rescheduled to be taken
as soon as possible after the pattern or duty causing the delay
but without interfering with the flight crew member's next
scheduled pattern or duty. If it is not possible to redesignate
the infringed duty free days to occur later in the bid period they
may be redesignated to occur earlier in the bid period in which
event Aircrew Scheduling will give the flight crew member as much
224.
prior notification as possible of the rescheduled days but in no
event will that notification be less than one clear calendar day
before the commencement of the proposed redesignated duty free
days unless otherwise agreed between the flight crew member and
Aircrew Scheduling.
(iii) Where the flight crew member is awarded a pattern or duty
and that duty conflicts with DDFDs, the infringed day or days will
be reallocated to be taken as soon as possible. If the awarded
pattern was a trade with open time, and the pattern infringes the
flight crew member's DDFDs, the infringed day or days will, if
possible, first be reallocated to be taken during the MBIT
applicable to the pattern. If it is not possible to reallocate
all of the infringed days during the MBTT applicable to the
pattern, any remaining days will be reallocated to be taken as
soon as possible. DDFDs reallocated in accordance with this
clause will not be treated as redesignated duty free days
("RDFDs'). If a PLH trades a pattern of open time flying with a
pattern or patterns of flying already allocated to that PLH, any
DDFDs infringed as a result of the trade will be redesignated but
only within the bid period in which the trade takes place.
(c) Redesignating duty free days if 18 DDFDs are not taken before
the end of a bid period
If a PLH has not completed 18 entire DDFDs or RDFDs before a bid
period ends, the Company will redesignate the shortfall in the
flight crew member's next bid line unless the flight crew member
was awarded a pattern and that pattern conflicts with DDFDs. The
redesignation of infringed DDFDs is subject to the following:
(i)
the
the
the
If the flight crew member is a PLH in the next bid period,
DDFDs will be rescheduled to be taken as soon as possible after
pattern or duty causing the delay but without interfering with
flight crew member's next scheduled patterns or duty.
(ii) If the flight crew member is a BLH or RLH in the next bid
period the duty free days will be redesignated in accordance with
clause 27.17.5(d).
(d) Available days are duty free periods but a flight crew member
is obliged to be available for contact with the Company
(i)
A pattern line holder who is not:
(1)
an assignable time available flight crew member; or
(2)
a pattern protected flight crew member
is entitled to consider that all Available Days on his or her
pattern line are duty free periods except where the flight crew
225.
member has been awarded or assigned a specific duty on one or more
of those Available Days.
(ii) Despite the preceding clause, the flight crew member is
required to check with Aircrew Scheduling on the last day of each
group of DDFDs which precede an Available Day or days. If, at the
time of the check, no duty is allocated or confirmed, the
Available Days may be treated by the flight crew member and the
Company as duty free periods.
(e)
Time free of duty and contact requirements for assignable
time available flight crew members and/or pattern protected
flight crew members
An assignable time available flight crew member and/or a pattern
protected flight crew member:
(i) is considered to be free of duty from the cessation of one
contact period until the commencement of the next contact period
but the Company may disregard the flight crew member having been
available for contact periods and count that time as having been
duty free; and
(ii) is not required to be available for contact or to advise the
Company of his or her whereabouts during Available Days except
as specified in clause 27.18.
27.17.5
Specific
provisions
relating
RLHs
and redesignating infringed DDFDs
(a)
to
BLHs
and
Circumstances when DDFDs may be infringed
A BLH/RLH may have DDFDs infringed where:
(i) A pattern contained in the flight crew member's previous bid
line or a specific duty assigned in the previous bid period
conflicts with DDFDs at the beginning of the next bid period;
(ii) The flight crew member is assigned a pattern or a duty that
conflicts with DDFDs;
(iii) The Company is unable to assign the flight crew member to
a training day on a day other than a DDFD;
(iv) A base duty extends beyond midnight and infringes a DDFD;
and
(v) The flight crew member bids for and is awarded a pattern of
open time that infringes DDFDs.
226.
(b)
Rescheduling infringed DDFDs
(i) In the circumstances detailed in clause 27.17.5(a), the
infringed DDFDs will be moved to commence at midnight following
the duty which caused the infringement.
(ii) In the circumstances detailed in sub-clauses 27.17.5(a)(i)
to (iv) inclusive, if the infringed designated duty free day or
days are contained within a group of DDFDs, the entire group of
DDFDs will be redesignated to commence at midnight following the
duty which caused the infringement, unless otherwise mutually
agreed.
(iii) A flight crew member will not be required to perform another
duty on a redesignated duty free day or days.
(c)
Conflict between redesignated duty free days and next DDFDs
If redesignated duty free days conflict with a flight crew
member's next DDFDs:
(i) the DDFDs will be moved to commence immediately upon
termination of the redesignated duty free days;
(ii) the DDFDs will not normally be further delayed by the Company
but, if necesssary, they may be infringed under clause 27.17.5(a)
and redesignated in accordance withclause 27.17.5(b).
(d)
Reallocating duty free days for BLHs/RLHs if 18 DDFDs are
not taken before the end of a bid period
If a BLH/RLH has not completed 18 entire DDFDs or redesignated
DDFDs before a bid period ends, the Company will redesignate the
shortfall in the flight crew member's next bid line subject to
the following. If the flight crew member is a PLH in the next bid
period, the DDFDs will be rescheduled to be taken as soon as
possible after the pattern or duty causing the delay but without
interfering with the flight crew member's next scheduled patterns
or duty.
(e)
Protection of DDFDs
Aircrew Operations may approve a request from BLHs and RLHs who
have no pre-allocated flying, to be free from duties on two (2)
allocated groups of DDFDs subject to operational requirements.
27.17.6
Redesignating DDFDs when transitional training
interrupted
When a flight crew member has his or her transitional training
interrupted by the assignment of duties under clause 37.4,
pro-rata DDFDs for the anticipated period of disruption or seven
227.
(7) days, whichever is greater, will be allocated to the flight
crew member.
27.18 CONTACTABILITY REQUIREMENTS AND AVAILABLE DAYS
Explanatory notes:
Contactability provisions are important for the purpose of
enabling the Company to advise flight crew members of such matters
as roster changes and pattern protection.
•
Clause 27.17.4 (b) (Available Days are duty free periods but
a flight crew member is obliged to be available for contact
with the Company);
•
clause 27.20.1 (Where possible, training duties will be
assigned to take place on Available Days);
27.18.1
When BLHs and RLHs are to be available for contact
A BLH and/or RLH who:
(a)
is not
(b)
is not
(c)
is not
(d)
has not
27.17.5(d),
on approved leave; or
on a DDFD; or
on minimum base turnaround time; or
been released from further contact under clause
is to be available for contact during a maximum two periods each
day (but the duration of the two periods combined will not exceed
3 hours). A BLH/RLH may elect (but must notify Aircrew Scheduling
in writing accordingly) to be available for contact between the
hours of 0900 to 1030 and 2030 to 2200 LST or between the hours
of 0730 to 0900 and 1630 to 1800 LST, unless otherwise advised
by Aircrew Scheduling in individual circumstances.
27.18.2
When assignable time available flight crew members are
to be available for contact
An assignable time available flight crew member who:
(a)
(b)
(c)
is not on approved leave; or
is not on a DDFD; or
is not on minimum base turnaround time
is to be available for contact for a maximum time of 2 hours each
day. The flight crew member may elect (but must notify Aircrew
Scheduling in writing accordingly) to be available for contact
between the hours of 2000 to 2200 LST (single period) or between
the hours of 0800 to 0900 and 1700 to 1800 LST, unless otherwise
advised by Aircrew Scheduling.
228.
27.18.3
When offsettable/multi-offsettable pattern protected
flight crew members are to be available for contact
The provisions in clause 27.18.2 also apply to a pattern protected
flight crew member.
27.18.4
Date-limited & calendar date-limited pattern
protection
(a)
A flight crew member who has date-limited pattern
protection will not be required to be available on Available Days
outside the original pattern causing the pattern protection
occasion except that on the day prior to the original pattern the
flight crew member must comply with the last DDFD call-in
procedure of clause 27.18.5.
(b)
During the period of the original pattern causing the
date-limited pattern protected occasion (and after applying
MBTT), the flight crew member will be available for contact
between 1700 and 1800 on each Available Day however such periods
can only be used for contact for the allocation of a duty
associated with the date-limited pattern protection.
27.18.5
Call-in procedure on last DDFD before an Available Day
(a)
On each duty free day (including a last day of annual or
long service leave) that immediately precedes an Available Day,
a flight crew member is required to contact Aircrew Scheduling
between 1400 and 2400.
(b)
In addition, a flight crew member may call in between 0800
and 1400. If no duty is allocated at that time, the flight crew
member will not be assigned a duty prior to 1200 the following
day.
(c)
A flight crew member who does not make contact before 2100
hours but does so before midnight will not, as a direct result,
forfeit a duty but will not be entitled to eight hours' notice
of the duty.
27.18.6
Company to give minimum period of notice
A flight crew member will not be assigned to any duty with less
than eight hours' notice without the flight crew member's consent,
unless the flight crew member has omitted to contact Aircrew
Scheduling in accordance with clause 27.18.5 or was not available
for contact as specified in this clause 27.18.
27.18.7
When the Company may notify flight crew members of duty
(a)
Telephone notification of duty by the Company may be made
between 0730 and 2200 local time on any day, however the company
229.
will not normally contact a flight crew member on a DDFD if he
or she has indicated that he or she is not willing to accept
contact on such days. Telephone calls for:
(i)
(ii)
(iii)
call-in
notifying a flight crew member of emergency duty;
following up messages that have not been confirmed; or
contacting a flight crew member who has not observed a
procedure,
may be made at any time.
(b)
When a flight crew member's pattern is rescheduled, the
company will endeavour to advise the affected flight crew member
of the change on his or her next Available Day.
27.18.8
Additional sectors after 15-4 contact obligation
See clause 27.15.9(e) (Additional credits) and clause 25.5
(Additional sectors paid as additional credited hours).
27.18.9
Contactability for A380 & B744 flight crew members
whilst on duty
(a)
No contact at sign-on before a sector (subject to
qualification), or before or during a simulator session
A380 and B744 flight crew members will not be contacted:
(i)
before or during a simulator session; or
(ii) at sign-on before a sector unless the requirement for contact
involves the pattern of flying for which the flight crew member
is actually signing on.
(b)
After a flight or simulator
Flight crew members may be contacted after a flight or after a
simulator session. The intent is that, with respect to glass
cockpit aircraft, the requirement for contact will be notified
after "Crew Messages Received". Crew must respond to Aircrew
Scheduling if they receive such a message.
27.18.10 Contact requirement for PLHs transitioning to become
BLHs or RLHs
When a PLH is transitioning to become a BLH or RLH in the following
bid period, the flight crew member will make contact with Aircrew
Scheduling on the last day of his or her pattern line in the then
current bid period where the first day of his or her blank or
reserve line is an Available Day. Whether the day is a duty free
day or not, contact will be in accordance with the phone in
procedures specified in clause 27.18.5.
230.
27.18.11 Requesting a release from further contact obligations
A BLH or RLH who contacts Aircrew Operations:
(a)
no earlier than 2100 LST on any evening preceding an
Available Day; or
(b)
after 0900 LST on any Available Day
requesting release from further contact obligations on that
Available Day will, if released, be free of duty until the first
scheduled contact period on the next Available Day or until
midnight of that Available Day if the next day is a DDFD. The
Company may include such time in the calculation of duty free
periods but not for the purpose of calculating the flight crew
member's DDFD entitlement. If at the time the flight crew member
contacts Aircrew Operations he or she is not released from further
contact obligation on that day, the Company will not in retrospect
count that day as having been a duty free period, even if the
flight crew member is not subsequently used by the Company on that
day. If the flight crew member does not contact Aircrew Operations
to request release from contact obligations on a day of
availability and the flight crew member is not subsequently used
on that day, the Company may in retrospect include such time in
the calculation of duty free periods but not for the purpose of
calculating the flight crew member's DDFD entitlement.
27.19 STANDBY AND SIMULATOR SUPPORT DUTIES
Explanatory note
•
•
S.A.1 (Standby Duty)
S.A.2 (Allocation of standby duty)
27.19.1
Order for allocating standby duty
Between 0800 and 1400, two days prior to the duty and after the
allocation of open-time, a standby duty will be allocated to a
flight crew member in accordance with the following order of
priority:
231.
Order of priority for allocating
standby duty
Conditions to be met before
allocating the standby duty
Priority 1
Awarded to a BLH/RLH in
seniority order who has
projected credited hours <
MGH.
The award can result in the
BLH/RLH having projected
credited hours that are > MGH
Priority 2
Assigned to a BLH/RLH on an
Available day in reverse
MGH.
The assignment can result in
the BLH/RLH having projected
credited hours that are >
MGH.
Priority 3
Awarded in
BLH/RLH.
seniority
to
a
Company approval is required
for an award to exceed
Divisor plus 10 (Crew Max),
per clause 27.15.1(c).
Priority 4
Assigned in reverse order of
seniority to a BLH/RLH who is on
an Available Day.
Assignment not to exceed
Divisor plus 5 (Company Max),
per clause 27.15.1(a).
Priority 5
Offered in seniority order to a
PLH who has previously indicated
that he or she is willing to do a
standby duty.
If the PLH accepts the offer
of duty and is required to
operate a pattern that
conflicts with a pattern on
his or her pattern line then
will apply
where the acceptance of the
offer would exceed Divisor
plus 10 (Crew Max), per
clause 27.15.1(c).
Priority 6
Offered in seniority order to a
PLH for additional credited hours.
If the PLH accepts the offer
of duty and is required to
232.
The Company will make genuine
attempts to contact at least 5 PLHs
to offer the standby duty.
will apply
Priority 7
Assigned in reverse order of
seniority to a BLH/RLH who is on
a DDFD on the day of the standby
duty.
Priority 8
Assigned to the most junior
contactable PLH who would be on
an Available Day on the day of the
standby duty.
If the PLH is required to
will apply.
As per 27.19.2, the Company
has the discretion to decide
whether the assignment is
offset against a flight crew
member’s pattern protected
hours.
Priority 9
contactable PLH who would be on
a DDFD on the day of the standby
duty.
If the PLH is required to
will apply.
As per 27.19.2, the Company
has the discretion to decide
whether the assignment is
offset against a flight crew
member’s pattern protected
hours.
Priority 10
Assigned to a flight crew member
on promotional or aircraft type
transfer training.
233.
(b)
For the purposes of allocating a standby duty:
(i)
A Senior Check Captain in their flying block will be
deemed to be a PLH for the purpose of assigning duties,
except where the assignment may result in a conflict
with their training block; and.
(ii) A Check and Training Captain or a Training Captain will
be deemed to be either a PLH/BLH (depending on their
individual line type for the BP) for the allocation of
duties, except, where the allocation of duties may
result in a conflict with their pre-allocated training
or checking patterns.
27.19.2
hours
Offsetting pattern protection or increasing credited
The Company has discretion to decide whether an assignment of
standby duty to a pattern protected flight crew member will be
used to offset pattern protection or to increase the flight crew
member's credited hours and will advise the flight crew member
accordingly at the time the standby duty is assigned.
27.19.3
Availability for contact and report time
A flight crew member on standby will be available for contact
throughout the period of standby and, if called for duty, may be
required to report as soon as is practicable.
27.19.4
When standby duty ends
A flight crew member's standby duty time will end at its scheduled
termination or when the flight crew member is specifically
released from the duty by the Company. The notification of a later
duty commencing during the standby period does not constitute a
release from standby.
27.19.5
BLH called off standby
Where a BLH is called off standby which causes a pattern to be
dropped in the following bid period, the flight crew member will
be pattern protected in that following bid period in accordance
with clause 27.16.5(i).
27.19.6
(a)
Order for allocating simulator support duties
Between 0800 and 1400, two days prior to the duty and after
the allocation of stand-bys, a simulator support duty will
be allocated to a flight crew member in accordance with the
following order of priority:
234.
Order of priority for allocating a
simulator support duty
Priority 1
MGH.
Conditions to be met before
allocating the simulator support duty
The award can result in the
MGH.
Priority 2
Assigned to a BLH/RLH on an
Available day in reverse
MGH.
The assignment can result in
MGH.
Priority 3
for an awarded duty to exceed
Divisor plus 10 (Crew Max),
per clause 27.15.1(c).
Awarded in seniority order
to a BLH/RLH
Priority 4
Assigned in reverse order
of seniority to a BLH/RLH
who is on an available day
Divisor plus 5 (Company max),
per clause 27.15.1(a).
Priority 5
Awarded
to
a
protected PLH
Pattern
Divisor plus 5 (Company max),
per clause 27.15.1(a)
Priority 6
Offer/Assign to a pattern
protected PLH who would be
on an Available Day on the
day
of
the
simulator
support duty.
The
Company
has
the
The assignment is to the most
junior pattern protected
PLH, who has not previously
been assigned a simulator
support duty in the bid
period.
235.
discretion to bypass this
step.
The Company is limited to one
simulator support assignment
against a single pattern
protected occasion.
Priority 7
Offered in seniority order
to a PLH who has previously
indicated that he or she is
willing to do simulator
support duties.
Priority 8
Offered in seniority order
to a PLH for additional
hours.
The offer can result in the
PLH with credited hours that
are greater than Divisor plus
10 (Crew Max)
Priority 9
Assigned in reverse order
of seniority to a BLH/RLH
who is on a DDFD.
Priority 10
Assigned
to
the
most
junior contactable PLH who
would be on an Available
Day on the day of the
simulator support duty.
27.19.7
The assignment is to the most
junior PLH who:
• at the time of assignment,
can be contacted or will
become contactable;
• has not previously been
assigned
a
simulator
support duty in the bid
period.
Other relevant provisions
This clause is to be read in conjunction with S.A.2.
27.20 TRAINING DAYS
27.20.1
Where possible, training duties will be assigned to
take place on Available Days
236.
The Company will endeavour to assign required training duties to
take place on a flight crew member's Available Days. If this is
not possible, the training may be assigned and carried out on any
day which does not conflict with an allocated pattern or with
minimum base turnaround time.
27.20.2
If training infringes DDFDs they will be redesignated
Except as provided in clause 37.6 where training duties are
allocated to take place on a flight crew member's DDFDs, the DDFDs
will be redesignated in accordance with clause 27.17.
27.20.3 Amount of notice of training duties to be given to flight
crew members
The Company will give as much prior notice as practicable to a
flight crew member of required training duties, and will aim to
give at least 14 days' prior notice to a flight crew member of
a cyclic training session (including simulator training and
safety refresher courses) associated with the flight crew
member's recurrent training.
27.20.4
session
Arranging an alternative time if cyclic training
is cancelled
Where a flight crew member's cyclic training session is cancelled,
the Company will provide an alternative time, giving the flight
crew member at least 24 hours' notice EXCEPT:
(a)
where the flight crew member is already at a training base
away from Sydney; or
(b)
where the training, taking place in Sydney, is replanned
to commence within 24 hours of the cancelled session, in which
case as much prior notice as practicable will be given PROVIDED
THAT a minimum rest period of 10 hours be allowed, unless
otherwise agreed between the flight crew member and the Company.
27.20.5
Training cancelled without sufficient notice will be
counted as duty days
Any training that is performed or scheduled to be performed, and
is cancelled:
(a)
(b)
without giving 12 hours notice; or
on the calendar day preceding the scheduled training day
AND which is in excess of six days per annum, will be counted as
duty days for the purpose of clauses 27.17.3(c) and 25.2.
27.20.6
When pattern protection applies if flight crew members
lose time to carry out assigned training
237.
A flight crew member who loses time from a pattern (or patterns)
as a result of being assigned training on any day will, subject
to clause 37.10 (Route Qualifications) and clause 37.11 (Recency),
be pattern protected and available in accordance with clause
27.16.5(i) but if the flight crew member is assigned training
because of his or her failure to achieve or maintain the required
standard of proficiency, pattern protection will not apply.
27.20.7
Varying the system of allocating training
At any time during the currency of this Agreement, the terms of
this clause 27.20 may be varied to introduce a bidding system for
training or other modification as agreed between the parties.
27.20.8
How pattern protection applies where a flight crew
member does not achieve/maintain required standard
(a)
No pattern protection for failure to achieve/maintain
standard
A flight crew member who is assigned training duties because he
or she did not achieve or maintain the required standard of
proficiency and who loses time from a pattern or patterns will
not be entitled to pattern protection.
(b)
Multi-offsettable pattern protection
an unsatisfactory cyclic simulator session
to
apply
for
If a flight crew member does not satisfactorily complete a session
of cyclic simulator training that results in the flight crew
member being unavailable for subsequent flying duties, the flight
crew member will be pattern protected and required to be available
for a maximum of 56 days on multiple occasions to offset the
pattern protection.
27.21 Allocating open time flying
Explanatory notes:
•
•
Clause 17.1.4(b) (Allocating open time flying to
supervisory flight crew members);
Clause 17.1.5 (Trading patterns - by supervisory flight crew
members).
27.21.1
(a)
Listing all open time flying
Aircrew Scheduling will maintain a current listing of all
open time. All such flying will be listed as soon as the
Company becomes aware that the flying is open time flying,
specifying with respect to each pattern:
238.
(i)
(ii)
(iii)
(iv)
Type of aircraft;
Date of operation;
Pattern number and routing; and
Credited hours applicable to the pattern;
except that
(b)
instead of domestic and Trans-Tasman flying being allocated
through open time, the Company may offer a known* operating
duty to a flight crew member who is on a 56 day roster in
the following circumstances:
(i)
The flight crew member was originally planned to
deadhead on the same sector** on the same calendar day,
as the first or last sector from/to a flight crew
member’s base; and
(ii) The pattern complies with clause 27.4.1.
* flying able to be crewed through Open Time procedures if
pilot rejects or is un-contactable.
** for this purpose Avalon will be considered applicable
to a Melbourne sector.
27.21.2
Changes to Early Closure requirements
Patterns that have been advertised for at least five (5) calendar
days commencing from but not including the closing time of Open
Time, may be "early closed" at the Company's discretion and
allocated to flight crew members categorised in Priorities 1 to
6 inclusive, 11 and 14 under the Early Closure steps in the table
in clause 27.21.5 on any calendar day prior to the normal closure
time. If the request for "early closure" is rejected, the flight
crew member may request the Manager Aircrew Operations, or his
or her nominee, to review the determination.
27.21.3
(a)
Flight crew members may bid for open time flying
A flight crew member may submit either:
(i)
a specific bid for open time flying in accordance
with the procedures agreed between the parties; or
(ii)
a "global" bid specifying the type of flying that
he or she is prepared to accept without further contact, in
which case it will be the flight crew member's
responsibility to determine whether or not he or she has been
awarded such open time flying.
239.
(b) The Company may use SMS to offer pilots, who have indicated
they are willing to participate in SMS contact, duties provided
that:
(i) Contact with Company Scheduling in response to an SMS
message does not constitute contact for any other duty;
(ii) Protocol for allocation must comply with Priority 13
of Open-Time, at any time after the completion of Priority
6 for Standbys and after Priority 8 for Simulator Support
duties; and
(iii)
An allocation log will be kept for review and
summarised data to be available at Consultative.
This arrangement is applicable to normal closure, late closure
prior to day of operation and day of operation.
Bids for duties will be accepted and recorded until closure 2
hours after the SMS notification of a duty is sent, at which point
duties will be awarded according to seniority. The 2-hour bidding
window may be reduced on day of operations.
27.21.4
Procedures for processing open time flying, stand-by
and simulator supports
On Day 1 (i.e. the day that is two (2) calendar days before a
pattern of open time flying is scheduled to depart):
(a)
Bidding for open time flying closes at 0800;
(b)
Between 0800 and 1400, the Company determines how open
time flying will be allocated; {Note: A flight crew member who
has indicated further contact is required before accepting an
award of open time, will be contacted by Aircrew Operations twice,
with a minimum of fifteen (15) minutes between each contact, and
if the flight crew member cannot be contacted, the allocation may
be made to another flight crew member.)
(c)
A flight crew member who has reported sick has until 13:00
to notify Aircrew Scheduling of his or her availability for duty;
(d)
At 1400, the Company publishes the allocated open time
flying;
(e)
Once a flight crew member has been correctly allocated
open time and has accepted notification, such allocation will be
final (except for the correction of an error).
(f) The normal order of allocation will be:
-
Open time, then
240.
27.21.5
Standby, then
SIM Support.
Order of priority for allocating open time flying
(a)
Patterns of open time will be allocated in the order of
priority set out in the table below.
(b)
Where more than one flight crew member qualifies for a
pattern of open time flying to be offered, awarded or assigned,
Aircrew Operations will allocate the flying in accordance with
seniority (unless otherwise specified). However, a pattern of
open time flying will not be awarded to a flight crew member in
accordance with seniority if:
(i)
the flight crew member would exceed the bid period divisor
plus 10 hours; and
(ii)
the pattern could be awarded instead to a flight crew
member who would not exceed the bid period divisor plus 10 hours.
(c)
Where a flight crew member qualifies under more than one
priority listed in the table below for a pattern of open time
flying to be offered, awarded or assigned, Aircrew Operations
will allocate the flying in accordance with the higher or highest
priority under which the flight crew member qualifies for the
flying.
(d) A Senior Check Captain in their flying block will be deemed
to be a PLH for the purpose of assigning duties, except where the
assignment may result in a conflict with their training block.
(e) A Check and Training Captain or Training Captain will be
deemed to be either a PLH/BLH (depending on their individual line
type for the BP) for the allocation of duties, except, where the
allocation of duties may result in a conflict with their
pre-allocated training or checking patterns.
241.
Order of priority for allocating open
Conditions to be met before allocating
time
the open time
EARLY CLOSURE
Priority 1A
Offered or awarded to:
•
•
a Low PLH who has not
relinquished assignable
time available hours
♦ Where
the
flight
crew
member’s bid for a pattern
of open time flying and the
Company’s
proposal
to
assign
an
alternative
pattern to the flight crew
member coincide:

the assignment will take
precedence
over
the
flight crew member’s bid
if the assigned flying
contains more credited
hours than the flying for
which the flight crew
member has bid; and

the flight crew member’s
bid will take precedence
over
the
Company’s
assignment if the open
time flying for which the
flight crew member has
bid
contains
more
credited hours than the
flying
the
Company
proposes to assign.

Flight
crew
members
having Priority 1B status
will be processed after
those with Priority 1A
status;

Priority 1B allocation is
for
patterns
with
projected credited hours
not exceeding the flight
crew
member’s
time
available hours.
a flight crew member who
accesses a carer’s line
pursuant
to
the
provisions
of
clause
27.4.2 (j)(6)(c) or who
has lost hours
Priority 1B
A time available flight crew
member who qualifies under
27.16.4
242.
Priority 2
Offered, awarded or assigned to:
•
a pattern protected flight crew
member
♦ Allocated in accordance
with clause 27.16 (Pattern
protection provisions).
OR
•
an assignable time available flight
crew member who is a PLH
OR
•
a Short PLH (up to the lower limit
of the standard window or MGH,
whichever is the greater)
♦ An
assignable
time
available
flight
crew
member may accept or decline
an offer.
♦ If the assignable time
available
flight
crew
member flies offered or
awarded open time, the
credited hours accrued for
the open time flying will be
applied, on a one for one
basis, in the following
order:

to offset any pattern
protected hours to which
the flight crew member is
entitled; and then
to offset any assignable
time available hours;
and then
to increase the flight
crew member’s projected
credited hours.
♦ If the flight crew member
declines an offer of open
time flying, the Company may
assign the duty to the
flight crew member who does
not have the right to refuse
the assignment unless open
time flying with the same
closure date for which the
flight crew member has bid
contains
more
credited
243.
hours than the flying the
Company proposes to assign.
♦ The credited hours accrued
from an assigned pattern
will be applied, on a one for
one basis, in the following
order:

to offset any assignable
time available hours;
and then
to increase the flight
crew member’s projected
credited hours
but will not be applied to
offset any pattern protected
hours to which the flight
crew member is entitled.
♦ If
the
credited
hours
accrued from the assigned
pattern do not fully offset
all
assignable
time
available
hours,
the
Company may offer, award or
assign further patterns of
open time flying to the
flight crew member until:
all
assignable
time
available
hours
are
offset; or
bid period ends,
whichever is earlier.
♦ A pattern of open time
flying
assigned
to
an
assignable time available
flight crew member may
contain
more
or
less
credited hours than the
hours for which the flight
crew member is assignable
time available, but will
not:
project the flight crew
member to exceed the bid
244.

period divisor (or, if
applicable,
personal
divisor) plus 5; or
interfere
with
any
pattern in the current
pattern line; or
interfere with minimum
base turnaround time.
Priority 3
Offered, awarded or assigned for:
•
recency purposes to any flight
crew member;
OR
•
the purpose of conducting, or
undertaking, a route check
♦ A
flight
crew
member
requiring
flying
for
recency means a flight crew
member:

whose recency has expired
or will expire within the
next 7 days;
who is proceeding on
leave within the next 7
days, has no pattern
scheduled on his or her
bid line within those 7
days
which
could
reasonably be expected
to maintain the flight
crew member’s recency,
and the flight crew
member’s recency will
expire
during
or
following the period of
leave (including duty
free time); or
who breaks his or her
leave
to
maintain
recency.
Order of allocation based on
expiry/due date and then on
seniority if expiry/due dates
are the same.
Priority 4
Offered/Awarded/Assigned
for
consolidation flying to a BLH or RLH,
or
for
promotion/
command/conversion training.
♦ Open time flying assigned
under Priority 4 will not be
more than 50% of the
consolidation
flying
determined by the Company
following a flight crew
member’s
training
for
245.
aircraft type transfer or
promotion.
Priority 5
•
a Short PLH who has relinquished
assignable time available or
pattern protected hours;
•
a Low PLH who has relinquished
assignable time available hours;
•
a time available flight crew
member;
OR
•
a flight crew member returning to
duty after sick leave on half pay
or sick leave without pay
♦ In
the case of a time
available
flight
crew
member,
a
Priority
5
allocation is for patterns
with projected credited
hours that would increase
hours beyond the value of
his or her time available
hours
♦ In the case of a flight crew
member returning to duty
after
sick
leave,
the
allocation
is
for
the
purpose
of
offsetting
pattern protection after
having achieved MGH
Priority 6
Awarded as a trade to a pattern line
holder.
♦ Trading patterns requires
approval
by
Aircrew
Scheduling if the pattern
line holder is:
• assignable
time
available; or
• pattern protected.
♦ If
Aircrew
Scheduling
decides not to approve the
trade, the flight crew
member may request the
Manager
of
Aircrew
246.
Scheduling (or his or her
nominee) to review the
determination.
Priority 7
Not applicable for early
closure of open time
Priority 8
Priority 9
Priority 10
Priority 11
Awarded to a pattern line holder to
acquire additional credited hours.
Priority 12
Priority 13
Priority 14
• An Administrative Supervisory
flight
crew
member
(and
administration & training S/Os),
or
• a Senior Check Captain in their
♦ Any additional credited
hours resulting from a trade
will be debited against the
quota
of
flying
for
supervisory flight crew
members as provided in
clause
27.16
(Pattern
protection provisions).
247.
•
ground training block; or
a Check and Training Captain or
Training Captain (on a fixed roster
line)
Order of priority for closure of open
time
the open time
NORMAL CLOSURE
Priority 1 – 6
See steps 1 – 6 in early
closure
Priority 7
seniority order who will
have projected credited
hours < MGH after the award.
Priority 8
Assigned in reverse
seniority order to a BLH/RLH
who will have projected
credited hours < MGH after
the assignment.
Priority 9
MGH
Priority 10
Assigned to a BLH/RLH in
reverse seniority order who
has projected credited
hours < MGH
The award will result in the
credited hours > MGH, but less
than Divisor plus 10 (Crew
Max).
The assignment will result in
credited hours > MGH, but less
than Divisor plus 5 (Company
Max).
Priority 11
248.
Awarded to a pattern line
holder to acquire
additional credited hours
Priority 12
Awarded to a BLH or RLH to acquire
additional credited hours.
Allocated in the following
manner:
• If all BLHs/RLHs who have
bid for a pattern of open
time have accrued MGH or
greater, the open time
pattern will be allocated in
order of seniority.
Priority 13
Offered to a PLH/BLH/RLH in
order of seniority for
additional hours.
Priority 14
Allocated to:
•
•
•
An Administrative Supervisory
flight
crew
member
(and
administration & training S/Os), or
a Senior Check Captain in their
ground training block; or
a Check and Training Captain or
Training Captain (on a fixed roster
line)
Priority 15
Assigned to a BLH or RLH for
additional hours
♦ Allocations are to be made
without limiting the normal
entitlement
for
the
classifications in Priority
14.
•
•
Allocated
with
the
objective of balancing
credited
hours
among
BLHs and RLHs
A BLH/RLH on an Available
Day will be assigned a
pattern of open time
before a BLH/RLH on a
Designated
Duty
Free
Day.
Priority 16
♦ Must be capable of being
allocated without:
249.
PLH, who at the time of
allocation, is available or
will become available
Priority 17
Assigned to a BLH/RLH, who
at the time of allocation,
is available or will become
available.

infringing limitations
in
clauses
27.14.3
(minimum base turnaround
time)
and
27.16.2(d)
(over
projection)
or
clause
27.17.4
(re-designated DDFDs);
or

creating a conflict with
next pattern.
♦ Can infringe limitations in
clauses 27.14.3 (minimum
base turnaround time) and
27.16.2(d) (overprojection)
or
clauses
27.17.5
(redesignated DDFDs.
♦ Must comply with Aviation
Regulatory
Authority
limitations.
Priority 18
PLH who, at the time of the
allocation is available or
will become available.
♦ Can:

infringe limitations in
clauses 27.14.3 (minimum
base turnaround time)
and
27.16.2(d)
(overprojection)
or
clause
27.17.4
(redesignated DDFDs; or

create a conflict with
next pattern.
250.
Order of priority for closure of open
time
the open time
LATE CLOSURE
Priority 1 – 18
May be allocated in accordance
with steps 1 - 18 of normal
closure OR it may be assigned
to a BLH, RLH or a flight crew
member on standby.
27.22 Exceptions to flying of allocated patterns
Explanatory note:
Clause 27.22 is to be read in conjunction with S.A. 4 (Dropping
of patterns unpaid)
Flight crew members will fly each pattern allocated under the
provisions of this Agreement except where the circumstances
identified in clause 27.22.1 (relating to pattern line holders)
and clause 27.22.3 (relating to BLHs and RLHs) exist.
27.22.1
Circumstances when a pattern line holder does not fly
an allocated pattern
Where the following circumstances exist, a pattern line holder
will not fly an allocated pattern and clause 27.22.2 applies:
(a)
the flight crew member is not qualified for the pattern
(or a portion of the pattern);
(b)
the flight crew member is grounded because of personal
illness;
(c)
before commencement of duty, the pattern is changed,
cancelled, rescheduled or is to be operated with a different type
of aircraft on which the flight crew member is not qualified to
fly;
(d)
after commencement of duty, the pattern is changed or
disrupted;
(e)
the flight crew member is withheld from service by the
Company;
(f)
the flight crew member is displaced from the pattern or
a portion of the pattern;
(g)
the flight crew member, at his or her own request, is removed
from the pattern or a portion of the pattern;
(h)
the flight crew member proceeds on approved leave;
251.
(i) the flight crew member's previous pattern interferes with his
or her next pattern;
(j) the flight crew member relinquishes excess projected credited
hours;
(k)
the Company removes excess projected credited hours;
(l)
(m)
patterns are traded with another flight crew member;
patterns are traded with open time flying;
(n) the flight crew member is allocated to a vacancy or the flight
crew member changes his or her category;
(o) the flight crew member relinquishes an assigned pattern of
open time as a result of being awarded another pattern containing
more credited hours;
(p) a captain is allocated to a proffer line where the flying is
then transferred to a supervisory flight crew member.
27.22.2
How the circumstances in 27.22.1 are treated
The following provisions 27.22.2(a) to (p) apply, respectively,
to each of the circumstances identified in 27.22.1(a) to (p)
above:
(a)
Lack of qualification
A flight crew member who is not qualified to fly an allocated
pattern or part of a pattern may be:
(i)
(ii)
(iii)
(iv)
qualified by synthetic means;
qualified on a training flight;
qualified while en route; or
removed from the whole or part of a pattern.
If the flight crew member has complied with clause 37 (Training
and qualification), he or she will be pattern protected and will
be available in accordance with clause 27.16. If the lack of
qualification was due to the flight crew member's failure to
comply with clause 37, he or she will receive credited hours for
the patterns or parts of patterns that were flown as a flight crew
member while being qualified but will not receive credited hours
for any pattern or part of a pattern from which the flight crew
member is removed or on which the flight crew member flies as an
extra flight crew member.
252.
(b)
Personal illness
(i) A flight crew member who is grounded because of personal
illness will relinquish patterns or, if on service, any portion
of a pattern he or she is unable to fly and will be pattern
protected and available in accordance with clause 27.16. If the
flight crew member is placed on sick leave at half pay or sick
leave without pay, he or she will, upon return to flight duty,
have Priority 2 status to MGH and Priority 5 status for the
remainder in the open time priority under clause 27.21.5 for open
time flying to offset any pattern protected hours remaining from
the sick leave.
(ii) Where, after personal illness, a pattern line holder has not
reported availability for duty to Aircrew Scheduling by the
closing time on the normal closure day of open time flying for
the next pattern in the flight crew member's bid line, it will
be assumed that the flight crew member is not available and the
pattern will be allocated to another flight crew member. However,
the flight crew member has until 1400 on the normal closure day
of open time to report fit for duty and keep the pattern (see
clause 27.21.4(c).
(c)
Pattern changed/cancelled/rescheduled or
aircraft type change before reporting for duty
subject
to
(i) Company may deny a flight crew member's election to fly a
changed pattern
Where a flight crew member's pattern is changed prior to reporting
for duty for departure from the flight crew member's base station,
he or she may elect to fly the changed pattern subject to the
Company's discretion to deny the flight crew member the right to
fly the changed pattern if it would:
(1)
result in a shortfall of more than 10 credited hours of
the original pattern; or
(2)
project the flight crew member to exceed the number of
credited hours equivalent to the bid period divisor plus 10; or
(3)
further overproject the flight crew member who, before
the pattern change took place, was already overprojected;
(4)
conflict with the next pattern in the flight crew member's
pattern line.
If the Company denies the flight crew member's election to fly
the changed pattern, the flight crew member will be pattern
protected and available in accordance with clause 27.16.
253.
(ii) Company may require the flight crew member to fly a changed
pattern
The Company may require the flight crew member to fly the changed
pattern if:
(1)
the scheduled day of departure and/or the scheduled day
of return of the changed pattern falls within one calendar day
either side of the original pattern; and
(2)
the flight crew member is qualified to fly the pattern;
and
(3)
the credited hours of the changed pattern do not project
the flight crew member to exceed the number of credited hours
equivalent to the bid period divisor (or, if applicable, personal
divisor) plus 5 or if greater project the flight crew member to
exceed the credited hours to which the flight crew member was
projected prior to the changed pattern; and
(4)
the changed pattern and minimum base turnaround time do
not conflict with the next pattern in the flight crew member's
pattern line.
(iii)
Flight crew member may relinquish a changed pattern
A flight crew member may (as soon as possible but no later than
3 calendar days after being notified of a pattern change or by
the open time closure relating to the changed pattern, whichever
is earlier) relinquish a changed pattern if:
(1)
the scheduled day of departure and/or return of the changed
pattern falls outside one calendar day either side of the original
pattern; or
(2)
the credited hours would project the flight crew member
to exceed the number of credited hours equivalent to the bid
period divisor (or, if applicable, personal divisor) plus 5; or
(3)
the credited hours would further overproject the flight
crew member who, before the pattern change took place, was already
overprojected; or
(4)
the changed pattern or its MBIT would conflict with the
next pattern in the pattern line, and a flight crew member who
relinquishes a changed pattern will be pattern protected and
available in accordance with clause 27.16.
(iv)
Pattern cancelled or aircraft type substituted
If the pattern is cancelled or a different aircraft type (on which
the flight crew member is not qualified) is substituted for the
pattern, the flight crew member will be pattern protected and will
be available in accordance with clause 27.16.
254.
(d)
Pattern changes after reporting for duty to be treated as
downline disruptions
(i)
Disruptions to other flight crew members to be minimised
A change to a flight crew member's pattern after the flight crew
member has reported for duty for departure from his or her base
station will be treated as a downline disruption. Scheduling
re-arrangements required as a result of the change will be kept
to a minimum and will be made so as to minimise disruptions to
the patterns of other flight crew members.
(ii)
Downline disruption
When a flight crew member loses credited hours during a pattern
because of a down line disruption, the flight crew member will
be pattern protected and available in accordance with clause
27.16.
(iii) Downline disruption causing conflict between MBIT & next
pattern
When a pattern resulting from a downline disruption and/or the
minimum base turnaround time to which the flight crew member is
entitled conflicts with the next pattern the flight crew member
will be pattern protected in accordance with clause 27.16.
(iv)
Overprojection caused by downline disruption
If a flight crew member becomes overprojected as a result of
downline disruption and the Company removes time in accordance
with sub-clause 27.22.2(k), the flight crew member will be
pattern protected and available in accordance with clause 27.16.
(e)
(i)
Flight crew member withheld from service
Reasons for withholding a flight crew member from service
The Company may withhold a flight crew member from service for
the following reasons:
(1)
lack of proficiency;
(2)
aircraft accident or incident; or
(3)
failure to meet a recognised responsibility of the flight
crew member's duties.
(ii)
Whether or not pattern protection will apply
(1)
With respect to lack of proficiency or failure to meet
a recognised responsibility, the flight crew member is not
entitled to pattern protection.
255.
(2)
Where it is found that no negligence is attributable to
the flight crew member with respect to an aircraft accident or
incident, the flight crew member will be pattern protected and
available in accordance with clause 27.16.
(3)
Where the flight crew member is found to have been negligent,
he or she will not be entitled to pattern protection.
(4)
If a flight crew member does not satisfactorily complete
a session of cyclic simulator training that results in the flight
crew member being unavailable for subsequent flying duties, the
flight crew member will be pattern protected. The flight crew
member is required to be available for a maximum of 56 days on
multiple occasions to offset the pattern protection {Refer clause
27.20.8(b)).
(f)
Flight crew members can be displaced from a pattern or
part of a pattern
(i)
Displacing a flight crew member from a pattern
The Company may displace a flight crew member from any pattern
or part of a pattern.
(ii)
Register
displacement
of flight
crew
members'
wishes
about
A flight crew member can indicate in a register maintained by
Aircrew Scheduling the patterns in his or her pattern line from
which the flight crew member is willing to be displaced and those
from which the flight crew member does not wish to be displaced.
(iii)
Requesting a review of a decision to displace
A flight crew member who is displaced from a pattern which had
been registered as one from which the flight crew member did not
wish to be displaced, may request the Manager Aircrew Operations
to review the matter.
(iv)
Prior notification of displacement
The Company will provide as much prior notification of
displacement as possible.
(v)
Avoiding displacing flight crew members who require
aeronautical experience for promotion
The Company will aim to avoid displacing a flight crew member who
requires further aeronautical experience to meet the Company's
promotional criteria for the flight crew member's next promotion.
256.
(vi)
Pattern protection
A flight crew member who is displaced from a pattern will be
pattern protected and available in accordance with clause 27.16.
A flight crew member who is displaced from a pattern for a RLH
or a supervisory flight crew member will be specifically advised
of his or her required availability in accordance with clauses
27.16.5(j)(i) or 27.16.5(k) (as applicable, in the case of a
supervisory flight crew member).
(g)
Removing a flight crew member from a pattern at the flight
crew member's request
Explanatory note: Sub-clause (g) is to be read in conjunction with
S.A.4 (Dropping of patterns unpaid)
(i)
Subject to Company approval, a flight crew member may be
removed from a pattern or part of a pattern at the flight crew
member's own request
(ii)
A flight crew member who is removed from a pattern or part
of a pattern before departing from the base station, will not be
pattern protected
(iii) A flight crew member who is removed from a pattern or part
of a pattern after departing the base station will receive
credited hours for that part of the pattern already flown and will
be entitled to the minimum base turnaround time applicable to that
part of the pattern flown on return to the base station, but will
not be pattern protected for the portion of the pattern not flown.
(h)
Flight crew member taking approved leave
(i)
Annual/long service leave or jury duty
A flight crew member who proceeds on annual or long service leave
or jury duty will:
(1)
be pattern protected and available in accordance with
clause 27.16; and
(2)
retain normal bid rights but will not be awarded an open
time pattern which, together with the applicable minimum base
turnaround time, would conflict with the leave.
(ii)
Special leave
A flight crew member who proceeds on special leave will relinquish
patterns or parts of patterns which the flight crew member is
unable to fly as a result of the leave, and will not be pattern
protected for the patterns not flown. The provisions of clause
27.15.7(d) will apply.
257.
(iii)
Parental leave
A flight crew member who proceeds on parental leave or alternative
duties associated with parental leave will relinquish patterns
she or he is unable to fly as a result of the leave or alternative
duties and will not be entitled to pattern protection for the
patterns not flown.
(i)
A flight crew member's previous pattern interferes with
his or her next pattern
(i)
Conflict between pattern line for new bid period and
assigned pattern in previous bid period
Where any pattern or patterns in a flight crew member's allocated
pattern line for a new bid period conflicts with an assigned
pattern or duty (and the applicable minimum base turnaround time)
in the previous bid period, the flight crew member will be pattern
protected and in accordance with clause 27.16.
(ii) Conflict between downline disrupted pattern in previous bid
period and pattern in new bid period
Where a downline disruption to a pattern (and the applicable
minimum base turnaround time) in the previous bid period
conflicts with a pattern or patterns in the new bid period, the
flight crew member will be pattern protected and available in
(iii) Conflict between pattern arising from standby duty and next
pattern
Where a pattern (and the applicable minimum base turnaround time)
arising from an allocated standby duty conflicts with the next
pattern in a flight crew member's pattern line (either in the
current bid period or the next), the crew will be pattern
protected and pattern protection will become fixed (i.e. not
required to be offset).
(iv) Conflict between assigned open time pattern and next pattern
Where a pattern of open time flying assigned to the most junior
pattern line holder under Priority 18 or late closure of open time
flying conflicts with the next pattern in a flight crew member's
pattern line (either in the current bid period or the next), the
flight crew member will be pattern protected and pattern
protection will become fixed (i.e. not required to be offset).
258.
(v) Pattern protection lost where a pattern exceeds statutory
limitations or conflicts with a pattern from a previous bid period
Except as provided in clauses 27.22.2(i)(i) to (iv) inclusive,
a flight crew member who loses time from a pattern because:
(1)
the pattern together with a pattern or patterns from the
previous bid period would cause the flight crew member to exceed
Aviation Regulatory Authority limitations; or
(2)
the pattern conflicts with a pattern (including the
applicable minimum base turnaround time) from the previous bid
period, will not be pattern protected for time lost but will have
Priority 1 status in open time and will retain that priority until
the lost time is recovered or the flight crew member's bid period
ends.
(j)
Flight crew member relinquishes excess projected credited
hours
(i) No pattern protection arises if a flight crew member
relinquishes time when a pattern accrues more credited hours than
originally scheduled and results in over projection
If a flight crew member completes a pattern that accrues more
credited hours than originally scheduled and the additional hours,
added to the flight crew member's projected credited hours for
the bid period, would:
(1)
cause the flight crew member to exceed the bid period
divisor (or, if applicable, personal divisor) plus 5,
or
(2)
the additional hours were accrued, was already overprojected,
the flight crew member may, within 36 hours of completion of the
pattern causing the excess, relinquish a pattern or patterns
containing as few projected credited hours as possible in order
to keep his or her projected hours:
(1)
below the bid period divisor credited hours plus 5 or the
bid period divisor credited hours plus 10 (whichever is
applicable),
or
(2)
if the flight crew member was already overprojected, below
the credited hours to which the flight crew member had been
projected before accruing the additional hours,
259.
BUT a flight crew member who relinquishes hours under this clause
will not be pattern protected as a result.
(ii) Pattern protection arising from a flight crew member
relinquishing time when a pattern arising from an allocated
standby duty or assigned open time flying accrues more credited
hours than originally scheduled
If a flight crew member flies a pattern resulting from an
allocated standby duty or, where a pattern of open time flying
is assigned to the most junior pattern line holder under
Priority 18 or late closure of open time flying and the hours
accrued in the allocated pattern or assigned open time flying,
added to the flight crew member's projected credited hours for
the bid period, would:
(1)
cause the flight crew member to exceed the bid period
divisor (or, if applicable, personal divisor) plus 5,
or
(2)
the additional hours were accrued, was already overprojected,
the flight crew member may, within 36 hours of completion of the
pattern causing the excess, relinquish a pattern or patterns
containing as few projected credited hours as possible in order
to keep his or her projected hours:
(1)
below the bid period divisor (or, if applicable, personal
divisor) plus 5 or the bid period divisor plus 10 (whichever is
applicable),
or
(2)
projected before accruing the additional hours,
AND a flight crew member who relinquishes hours under this clause
will be pattern protected as a result and available in accordance
with clause 27.16.
(iii) No pattern protection arises if a flight crew member
relinquishes time when transitional training accrues more
credited hours than originally scheduled
If a flight crew member is allocated to transitional training and
his or her projected credited hours for the bid period would then:
(1)
exceed the bid period divisor (or, if applicable, personal
divisor) plus 5,
260.
or
(2)
the training was allocated, was already overprojected,
the flight crew member may, within 36 hours of the Company's
notification of the allocation to training, relinquish a pattern
or patterns containing as few projected credited hours as
possible in order to keep his or her projected hours:
(1)
below the bid period divisor (or, if applicable, personal
divisor) plus 5 or the bid period divisor plus 10 (whichever is
applicable)
or
(2)
projected before the training was allocated,
BUT a flight crew member who relinquishes hours under this clause
will not be pattern protected as a result.
(k)
(i)
Company removes excess projected credited hours
If a flight crew member fails to relinquish hours
If a flight crew member fails to relinquish hours under the
immediately preceding sub-clause (j), the Company may within the
following 36 hour period remove as few projected credited hours
as possible to reduce the projected credited hours:
(1) below the bid period divisor (or, if applicable, personal
divisor) plus 5,
or
(2) if the flight crew member was already overprojected, below
projected before accruing the additional hours.
(ii)
Pattern protection
A flight crew member will be pattern protected and available in
accordance with clause 27.16.5(i) if subclause (j)(i) or (j)(ii)
applies but will not be pattern protected for patterns removed
by the Company because of the allocation of transitional
training.
261.
(l)
Trading patterns with another flight crew member
(i)
Trades by flight crew members who are not pattern protected
or assignable time available
A pattern line holder who is neither pattern protected nor an
assignable time available flight crew member can trade patterns
with another pattern line holder or with a supervisory flight crew
member provided:
(1)
the trades are arranged entirely by the flight crew members
concerned; and
(2)
the flight crew members are qualified in all respects to
fly the traded pattern or patterns; and
(3)
the credited hours being traded must balance or one of
the flight crew members agrees to bear a loss; and
(4)
Aircrew Scheduling is notified of the proposed trades by
both flight crew members concerned;
BUT Aircrew Scheduling can reject any proposed trades if they
result in open time flying.
(ii)
Trades
by pattern protected
available flight crew members
or
assignable
time
A pattern protected or assignable time available flight crew
member can trade patterns in accordance with this sub-clause but
only if Aircrew Scheduling approves the trade.
(m)
Trading patterns with open time flying
A flight crew member may, with the approval of Aircrew Scheduling,
trade patterns with open time flying. Where a trade is not
approved, the flight crew member can request the Manager Aircrew
Operations (or his or her nominee) to review the decision of
Aircrew Scheduling.
(n) Flight crew member allocated to vacancy or changing
categories
A flight crew member who is allocated a promotional training
vacancy or transfers to another base station or transfers to a
vacancy on another aircraft type or changes category, will
relinquish the patterns that he or she will not be available to
fly because of duties associated with the vacancy or training.
The flight crew member will not be pattern protected for the
relinquished patterns and the patterns will become open time
flying.
(o) Flight crew member relinquishing assigned pattern of open
time after being awarded another pattern containing more credited
hours
262.
A flight crew member who is a pattern protected flight crew member
or an assignable time available flight crew member, and is
assigned a pattern of open time flying (or standby duty) by the
Company and the flight crew member bids for and is awarded another
pattern under Priority 1 or 2 in the priority for open time table
in clause 27.21, will relinquish the open time flying or standby
duty assigned by the Company and fly the pattern awarded as a
result of the flight crew member's bid.
(p)
Captain allocated to line proffered to supervisory flying
When a Captain has been allocated to the line preferred to
supervisory flying, the Captain will be deemed to be a RLH and
scheduled accordingly.
27.22.3
pattern
Circumstances when a BLH or RLH does not fly an allocated
Where the following circumstances exist, a BLH or RLH will not
fly an allocated pattern:
(i) the flight crew member is not qualified for the pattern or
a portion of the pattern;
(ii) the flight crew member is grounded because of personal
illness;
(iii) the pattern is cancelled or is rescheduled to be operated
with a different type of aircraft on which the flight crew member
is not qualified to fly;
(iv) the flight crew member is withheld from service by the
Company;
(v) the flight crew member is removed from the pattern or a portion
of the pattern by the Company;
(vi)
the flight crew member proceeds on approved leave;
(vii) the flight crew member changes his or category or is
allocated to a vacancy for promotional training, transfer to
another base station or transfer to another aircraft type.
263.
PART 7 - LEAVE ENTITLEMENTS
28.
ANNUAL LEAVE
Explanatory note:
Clause 28 is to be read in conjunction with:
•
•
•
•
28.1
Clause
S.A. 5
S.A. 6
S.A. 7
27.6.5 (Pre-allocating "golden " annual leave)
(Leave for compassionate reasons)
(Dropping of patterns against annual leave)
(Assignment of annual leave)
Amount of annual leave entitlement
A flight crew member is entitled to 42 consecutive days' paid
leave (inclusive of Saturdays, Sundays and public holidays) after
each 12 months' continuous service, less the period of annual
leave.
28.2
The annual leave year
A flight crew member’s entitlement will be calculated on a pro
rata basis and will be credited each four (4) weeks or such lesser
period as determined by the Company.
28.3 Amount of annual leave for pay purposes on termination of
employment
Where a flight crew member terminates employment or the flight
crew member's employment is terminated by the Company (except in
the case of summary dismissal), the flight crew member will be
paid in lieu of annual leave on the basis of one thirteenth of
the annual leave entitlement for each completed 28 days of service
in respect of which no annual leave has been granted.
28.4 Cashing out annual leave
If agreed to by the Company, a flight crew member may cash out
such portion of his or her annual leave as allowed by the Act.
28.5
Annual leave to be taken on consecutive days
A flight crew member's annual leave will be allocated and taken
on consecutive days unless the Company and the flight crew member
agree otherwise or the flight crew member elects to have leave
allocated every 8 months in accordance with clauses 28.7,28.8 or
28.14 (assignments).
264.
28.6
Choice of annual leave cycles
28.6.1
A flight crew member can elect to take his or her
annual leave as either:
(a)
Six weeks every 12 months, referenced to 1 August each
year, ("the 12 month cycle"); or
(b)
Four weeks every 8 months for two year periods, referenced
to 1 August in odd-numbered calendar years, ("the 8 month cycle").
28.6.2
Unless a flight crew member elects (before 18 March
in an odd-numbered calendar year) to take annual leave in the 8
month cycle, he or she will be deemed to have elected to take
annual leave in the 12 month cycle.
28.6.3
A flight crew member can change his or her annual leave
cycle by advising the Company accordingly by 18 March in the
odd-numbered calendar year to take effect from the ensuing two
year period commencing on 1 August in that odd-numbered year.
28.7
Advertising leave slots for the 8 month cycle
A flight crew member may elect to have annual leave allocated on
the basis of 4 weeks every 8 months for two year periods in which
case the following procedure applies:
28.7.1
each two year period will be divided into three 8
month leave terms;
28.7.2
four months prior to the commencement of each 8 month
leave term, the Company will issue a list of available leave slots
to commence during the ensuing 8 month leave term; and
28.7.3
a flight crew member who has elected to have leave
allocated under the 8 month cycle may submit a bid not later than
six weeks after the Company issues the list of available leave
slots for the relevant 8 month leave term, indicating the flight
crew member's order of preference for the slots.
28.7.4
Where training is scheduled for a particular fleet, the
Company may create a separate leave pool for Training Captains
Category D and E for that fleet. The affected trainers will be
advised prior to bids opening. The separate leave pool will
contain a representative set of leave slots.
28.8
Advertising leave slots for the 12 month cycle
On 1 April in each year the Company will:
265.
28.8.1
advertise a list of 42 day leave slots available during
the twelve month cycle commencing on 1 August of that year.
28.8.2
Where training is scheduled for a particular fleet, the
Company may create a separate leave pool for Training Captains
Category D and E trainers for that fleet. The affected trainers
will be advised prior to bids opening. The separate leave pool
will contain a representative set of leave slots.
28.9
Flight crew members to bid for annual leave in two steps
A flight crew member may submit a bid not later than six (6) weeks
after the Company advertises leave slots for the respective
cycles, indicating the flight crew member's order of preference
for the slots, in a two step process, viz:
28.9.1
Step 1 (First allocation)
A flight crew member may bid for his or her preferred leave slot
by arranging the advertised slots in descending order of
preference.
28.9.2
Step 2 (Second allocation)
A flight crew member may bid for a second leave slot by arranging
the advertised slots in descending order of preference. Note: A
flight crew member who only submits a bid in Step 2 is indicating
his or her preference for no leave slot to be assigned to the
flight crew member. However, if a leave slot is to be allocated
the preferences laid in this step 2 is the order of preferences
the flight crew member desires.
28.9.3
Step 3 (Third allocation)
Refer to clause 28.30.1 for an additional entitlement to bid for
leave slots where a flight crew member has excess leave of four
weeks or more.
28.9.4
Bidding for leave is at the flight crew member's option
A flight crew member does not have to bid in Step 1 or Step 2,
in which case the flight crew member will be subject to the
allocation of leave under clause 28.10.
28.10 Allocating annual leave
28.10.1
Leave slots will be allocated in seniority order from flight crew
members' bids for the Step 1 (First allocation) bids in descending
order of preference.
266.
28.10.2
If leave slots remain unfilled after allocating slots in
accordance with Step 1, they will be allocated in the following
order:
(a) from bids for Step 2 (Second allocation) slots by flight crew
members who have already been allocated leave in accordance with
their Step 1 (First allocation) bids.
(b)
from flight crew members who have not bid in Step 1 but
have bid in Step 2.
28.10.3 Assigning leave to flight crew members who have not bid
or who have made insufficient bids
As a last resort, by assignment in reverse order of seniority,
to flight crew members who have not bid in Step 1 or Step 2 or
who have submitted an insufficient number of bids.
28.11
Company to promulgate a list of allocated leave
The Company will promulgate a list of awarded and assigned leave
periods no later than eight weeks before the commencement of the
relevant leave cycle.
28.12
Confirming a flight crew member's annual leave
A flight crew member's leave is subject to confirmation by the
Company not later than eight weeks before the planned
commencement date of the flight crew member's leave.
28.13 Altering annual leave allocation if a flight crew member
transfers to another category or base station
If, after being allocated a leave period, a flight crew member
transfers to another category or base station and the
availability of leave periods in the new category or at the new
base station does not allow the flight crew member to retain that
original allocation, the Company may cancel the original
allocation and subsequently allocate another leave period to the
flight crew member with a minimum of four weeks' notice.
28.14
Assigning outstanding leave
Explanatory note:
Clause 28.14 is to be read in conjunction with clause 28.30 and
S.A.7 (Assignment of annual leave)
After allocating leave periods for the relevant 12 month annual
leave year or eight month leave term, the Company may assign leave
267.
to a flight crew member who still has excess leave of four weeks
or more, on the following basis:
28.14.1
for the purpose of this clause, "excess leave" means
leave accrued in excess of the leave entitlement specified in
clause 28.1;
28.14.2
all except two weeks of excess leave may be assigned;
28.14.3
excess leave will be assigned for a period of not less
than two weeks at any one time;
28.14.4
the Company will give the flight crew member a minimum
of four weeks' notice to take leave; and
28.14.5
subject to agreement between the Company and the
Association as to the method of assignment, the most outstanding
excess leave will be assigned first
EXCEPT THAT:
(a)
this clause 28.14 does not preclude a flight crew member
from applying at any time to take excess leave;
(b)
where a flight crew member loses an annual leave allocation
due to a change of category, the flight crew member will not be
assigned excess leave within six months of the date on which the
flight crew member qualifies in the new category; and
(c)
where a flight crew member loses an annual leave allocation
at the request of the Company, the flight crew member will not
be assigned excess leave within six months of the last day of the
period of relinquished annual leave.
28.15 Additional or vacant leave periods to be promulgated prior
to each bid period
28.15.1
At least four weeks before the beginning of
each bid period, the Company will:
28.15.2
Advertise a list of any additional or vacant
leave slots that have become available for the ensuing bid period;
and
28.15.3
specify a closing time for bids.
28.16 Flight crew members to bid for additional or vacant leave
periods before each bid period
Flight crew members may bid for the additional or vacant leave
periods which shall be awarded in accordance with a flight crew
member's seniority.
268.
28.17
Assigning additional or vacant leave
If insufficient bids for additional or vacant leave are received,
the Company may assign any remaining leave periods (in accordance
with clause 28.14) to flight crew members:
28.17.1 who do not hold a leave allocation for the current leave
year or for the current eight month leave term; or
28.17.2
28.18
who have excess leave as defined in clause 28.14.
Altering annual leave on compassionate grounds
Despite anything else in this clause 28, a flight crew member may
request a change of annual leave period on compassionate grounds
in which case the Company will endeavour, as far as possible, to
grant the flight crew member's request.
28.19
Election by flight crew members posted overseas
A flight crew member who is based overseas for more than 12
consecutive months:
28.19.1
may elect once, at the end of each 12 month period,
to be returned to Australia to take annual leave; and
28.19.2
will not have the time required to travel to Sydney
and return to the overseas base debited against the flight crew
member's leave entitlement so long as the flight crew member
returns to Sydney by the most direct route and does not break the
journey except for circumstances beyond the flight crew member's
control.
28.20 When leave cannot be commenced on the planned commencement
date
A flight crew member who is prevented from commencing annual leave
on the planned commencing date because of:
28.20.1
station; or
duty away from the flight crew member's base
28.20.2
minimum base turnaround time
will be granted additional days of leave equal to the number of
days by which the commencement of leave is delayed. Wherever
possible, the additional days will be added consecutively to the
period of leave.
269.
28.21
Recalling a flight crew member from leave
The Company may recall a flight crew member from annual leave for
flight coverage, provided all steps have first been taken to
provide flight coverage in accordance with the provisions of this
Agreement. If a flight crew member is recalled from annual leave
in accordance with this clause, the period of untaken leave will
be recredited to the flight crew member's leave entitlement.
28.22 Illness during leave
If a flight crew member becomes ill during annual leave and
advises the Company as soon as practicable after he or she first
becomes ill and produces the necessary medical certificates, the
duration of the illness shall be counted as sick leave and the
flight crew member's annual shall be recredited accordingly.
28.23 Reimbursing a flight crew member for irrecoverable
deposits if leave cancelled by the Company
When a flight crew member's annual leave is cancelled by the
Company, the flight crew member will be reimbursed for
substantiated loss of irrecoverable deposits. When a flight crew
member is recalled from annual leave b the Company, the flight
crew member will be reimbursed for reasonable expenses which are
substantiated as otherwise irrecoverable.
28.24
Sliding the planned commencing or finishing date
28.24.1
window
Where a pattern line cannot be built to the standard
Where a pattern line for a bid period cannot be built to the
standard window due to planned leave in either that bid period
or in the subsequent bid period, the Company may slide the leave
by up to a maximum of 5 days either way without further
consultation with the flight crew member, PROVIDED:
(a)
the flight crew member has previously indicated that he
or she has no objection to the sliding; and
(b)
the effect of sliding the leave is to increase the flight
crew member's credited hours.
28.24.2
Where a pattern or patterns conflict with annual leave
Where a pattern or patterns conflict with the commencement or
termination of the flight crew member's allocated annual leave,
the Company may require a flight crew member to slide a leave
period by up to 5 days either way, using the following process:
270.
(a)
the Company will endeavour to advance the leave
commencement date;
(b)
if it is not practicable to advance the leave commencement
date, the Company may retard the leave commencement date;
(c)
the Company is only entitled to change a flight crew
member's leave commencement date once per leave period; and
(d) any change to a flight crew member's leave commencement date
will be notified to the flight crew member after bid line
allocation but before the bid period commences.
28.25 Designated duty free days and duty free periods within a
flight crew member's allocated annual leave
Explanatory note
Clause 28.25 is to be read in conjunction with clause 27.17.4(f)
(Ratio of DDFDs to the period of annual or long service leave in
a bid period)
Where a flight crew member's annual leave, allocated after the
allocation of the flight crew member's bid line, includes
designated duty free days (or duty free periods):
(a)
the duty free days will still count as designated duty
free days (as originally scheduled or rescheduled); and
(b)
the duty free periods will still count as designated
duty free periods (as originally scheduled or rescheduled).
28.26
Taking annual leave in single days
Despite anything else in this Agreement, a flight crew member may,
with the consent of the Company and at a time or times agreed
between them, take annual leave in single days.
28.27 Taking annual leave while travelling to or from a basing
away from Sydney
A flight crew member who wishes to take annual leave while
travelling to or from a basing away from Sydney may be granted
leave subject to normal Company approval.
28.28
"Golden" leave days pre-allocated
Up to two "golden" leave days can be pre-allocated once each year
for each flight crew member, provided that:
28.29.1
Approval of requests for "golden" leave days after
promulgation of lines is at the Company's discretion if a flight
crew member is pattern protected and in other cases, still at the
271.
Company's discretion but will not normally be refused (and if
refused, the decision will be reviewed by the Fleet Manager);
28.29.2 Approval of requests for "golden" leave days for BLHs
and RLHs is at the Company's discretion;
28.29.3 There can only be a maximum of two crew in any category
on any day as an entitlement to "golden" leave, with any increase
at the Company's discretion;
28.29.4
The leave is taken as a passive credit;
28.29.5 "Golden" leave is not available during the period from
3 days before Christmas until and including New Year's Day or from
3 days before Good Friday until and including the Tuesday after
Easter;
28.29.6 A short line holder who takes advantage of this provision
is not entitled to pattern protection, however this restriction
will be removed 12 months' after implementation of the provision
if it can be shown that the advent of "golden" leave days has not
significantly increased the Company's liability in terms of short
lines;
28.29.7 Applications for "golden" leave days must be received
by the Company by Monday of week 2 in the bid period prior to the
bid period in which a flight crew member seeks to take the leave.
28.29 Taking annual leave associated with the birth of a child
Note: The following provision also appears in clause 29.8.
A male flight crew member requiring leave associated with the
birth of his child will, on application, be granted either annual
leave (or long service leave) for a period of not more than two
weeks (or half a month in the case of long service leave) or by
mutual agreement, provided that the granting of such leave would
not result in the cancellation of a service.
28.30 Additional clauses for managing assignment of Annual Leave
Explanatory note:
Clause 28.30 is to be read in conjunction with clause 28.14 and
S.A. 7 (Assignment of annual leave)
28.30.1
In addition to the entitlement to bid for leave
slots under clause 28.9, a flight crew member who has excess leave
of four weeks or more can submit a further bid for leave slots.
28.30.2
No bid period divisor will be raised above the
planning divisor for the relevant fleet to accommodate the
272.
assignment of leave. Planning divisor for the relevant fleet
means:
(a)
for the A380 and B744,175 hours; and
(b)
for the A330 and B767, 170 hours.
28.30.3
If, despite compliance with clause 21.1.4, Qantas
is short of flight crew for a bid period, flight crew who have
been assigned leave will be asked (in reverse order that the
assigned leave was allocated) to relinquish that leave in blocks
of two weeks to the extent required to provide stability of
planned pattern lines.
28.30.4
Paragraph 6 of S.A.7 is varied to provide that
the maximum amount of excess leave that can be assigned is:
(a)
is equal
(b)
is equal
four (4) weeks each bid period (where the excess leave
to or exceeds 78 days); and
two (2) weeks each bid period where the excess leave
to or less than 77 days.
28.30.5
If planned leave is not joined with assigned
leave in the same bid period, Qantas will not unreasonably refuse
a flight crew member's request to have either:
(a)
the planned leave and the assigned leave joined; or
(b)
the planned leave and the assigned leave separated by
at least two weeks to facilitate recency flying.
28.30.6
Where a flight crew member's leave is cancelled,
the Company will not unreasonably refuse his/her request to take
leave at a time nominated by the flight crew member.
29.
LONG SERVICE LEAVE
Explanatory Note:
The long service leave provisions are to be read in conjunction
with relevant parts of clause 26 and S.A.5 (Leave for
compassionate reasons)
29.1
Definitions
For the purposes of this clause 29 and in addition to the meaning
given to "Company manuals" in clause 7, "Company manuals" means
the Company manuals containing procedures and rules governing the
application for, and taking of, long service leave as filed in
the Commission (Melbourne) on 7 December 1996 in proceedings
C37030 before D.P. Acton.
273.
29.2
Granting long service leave in accordance with Company
manuals
The Company will grant long service leave to flight crew members
in accordance with:
29.2.1 the procedures and rules as set out in the Company manuals;
and
29.2.2
the provisions of this clause.
29.3
Long service leave entitlement
The provisions of the New South Wales State Long Service Leave
Act or similar Act of another State of the Commonwealth will not
apply. For reference purposes only, the long service leave
entitlement is set out in S.A.5.
29.4
Granting long service leave at half pay
The Company may, after receiving a request from a flight crew
member, grant long service leave to the flight crew member at half
pay for a period not exceeding twice the period of the flight crew
member's long service leave entitlement.
29.5
Service in the armed forces prior to service with the
Company
29.5.1
For the purpose of this clause "armed forces" means
armed forces of the Commonwealth (including full-time service
with the Citizens Military Force, the Australian Regular Army,
Regular Army Service, the Voluntary Defence Corps and National
Service Training).
29.5.2
A flight crew member's service in the armed forces
immediately prior to appointment with the Company will count as
service with the Company for the purpose of long service leave
entitlements. Any break of 12 months or less in a flight crew
member's service in the armed forces prior to appointment with
the Company will not affect the flight crew member's entitlement
under this clause 29.5.2.
29.5.3
Where a flight crew member has been granted long service
leave or pay in lieu thereof during or arising out of service in
the armed forces, the flight crew member will not receive the
benefits of clause 29.5.2 to the extent of long service leave
granted or pay received in lieu thereof.
29.5.4
The entitlement under clause 29.5.2 (i.e. service in
the armed forces counting as service with the Company for long
service leave purposes) will not apply to flight crew members
employed after 25 February 2002.
274.
29.6
29.6.1
How long service leave is allocated
Order of allocation
Unless otherwise agreed between the Company and the Association;
(a) Long service leave is to be awarded so that the flight crew
member who has the longest elapsed time since completion of
his/her last awarded long service leave will have first
preference and so on, down the line.
(b) Long service leave is to be assigned so that the flight crew
member who has the longest elapsed time since completion of
his/her last assigned long service leave will have first
preference and so on, down the line.
29.6.2
Written applications by 1 March each year for 12 month
period from 1 August
All applications must, in the first instance, be received in
writing by Aircrew Scheduling by 1 March each year for long
service leave in the 12 month period commencing from the following
August each year.
29.6.3
Approval of long service leave subject to crewing
constraints & annual leave allocation
Wherever possible, leave will be approved within the constraints
of not prejudicing Flight Operations' ability to crew services
and to comply with the requirements under this Agreement for the
allocation of annual leave.
29.6.4
Leave outside Christmas period
For long service leave outside the period from 3 days before
Christmas until and including New Year's Day ("the Christmas
period"), where there are insufficient leave slots available to
match those applying for leave, the priority principle in clause
29.6.1 will apply.
29.6.5 Leave within Christmas period
For long service leave within the Christmas period, the number
of flight crew members on long service leave will not exceed 50%
of all flight crew members on annual and long service leave. Where
there is insufficient long service leave available to match those
applying for leave, the leave priority principle will apply
except that leave will not be allocated to a flight crew member
for two successive Christmas periods if it can be allocated to
a flight crew member who was not allocated leave in the previous
Christmas period.
275.
29.6.6
Last allocation in an odd number of leave slots treated
as annual leave
Where the number of leave slots available over the Christmas
period is an odd number, the last allocated leave slot will be
treated as an awarded annual leave slot.
29.6.7
Additional leave
If additional leave becomes available prior to the commencement
of a bid period, it will first be allocated as long service leave
in accordance with this clause 29.6. Applications for such leave
may be submitted at any time between 1 March each year and the
commencement of the bid period.
29.6.8
leave
Agreed steps for managing assignment of long service
The assignment of long service leave will only be used as a
mechanism of last resort in the management of flight crew
surpluses. Therefore, the following steps 1 to 9 (in that order)
will be used to underpin the future assignment of long service
leave:
(1)
Bid period divisor variation (refer to clause
27.4.2(b)(i));
(2)
Awarded long service leave (refer to clause 29);
(3)
Awarded annual leave (refer to clause 28);
(4)
Assigned annual leave (refer to clause 28, S.A. 7);
(5)
Assigned annual leave below the threshold specified in
clause 28.14.2 (subject to agreement between the Company and the
Association);
(6)
Assigned long service leave;
(7)
Voluntary agreement (between the Company and the pilot)
for payment in lieu of annual leave in excess of statutory
entitlements);
(8)
Reduction in numbers (refer to clause 16.5);
(9)
Redundancy (refer to clause 12.9 and LOA154).
Note: The practical application of these steps may result in Steps
2 and 3 being implemented with individual flight crew members
prior to Step 1.
276.
29.7
Changed circumstances
The Company and the Association reserve the right to raise with
one another the general question of the quantum of flight crew
members' long service leave entitlements, in the event of
significantly changed circumstances.
29.8
Taking long service leave associated with the birth of a
child
Note: The following provision also appears in clause 28.30.
A male flight crew member requiring leave associated with the
birth of his child will, on application, be granted either long
service leave (or annual leave) for a period of not more than half
a month (or two weeks in the case of annual leave) or by mutual
agreement, provided that the granting of such leave would not
result in the cancellation of a service.
30.
PARENTAL LEAVE
30.1 Parental leave entitlements
30.1.1 Qualifying for parental leave
A flight crew member is entitled to 52 weeks parental leave after
twelve (12) months continuous service with the Company on a shared
basis with their partner unless extended in accordance with
clause 30.1.3.
30.1.2 Accessing parental leave
Parental leave is available to only one (1) parent at a time,
except that both parents may simultaneously access the leave in
the following circumstances:
(a) for maternity and paternity leave, an unbroken period of one
(1) week at the time of the birth of the child;
(b) for adoption leave, an unbroken period of up to three (3)
weeks at the time of placement of the child.
30.1.3 Extending the period of parental leave
(a) A flight crew member is entitled to one (1) extension of
parental leave on a shared basis with their partner as follows:
(i)
in the case of maternity leave, 52 weeks; or
(ii) in the case of paternity/adoption leave, 52 weeks,
277.
provided the total period of leave does not exceed 104 weeks.
(b) To extend a period of parental leave a flight crew member
will give the following notice:
(i)
for up to 52 weeks leave, two (2) weeks;
(ii) for periods in excess of 52 weeks leave, one (1) full
bid period.
30.1.4 Parental leave payment
Parental leave is unpaid leave except as specified by Company
policy in which case, any payment will be based on the applicable
divisor for the period of the leave.
30.1.5 Annual/LSL entitlements
(a) Annual/LSL will not accrue during any period of unpaid
parental leave.
(b) During parental leave a flight crew member may take any (or
any part of) accrued annual and/or LSL entitlements. Any such
leave taken will count towards the term of parental leave.
30.1.6 Personal leave entitlements
(a) Personal leave entitlements will not accrue during any
period of unpaid parental leave.
(b) A flight crew member may not take
personal/URTI/compassionate leave during a period of approved
parental leave.
30.1.7 Returning to duty after parental leave
(a) For parental leave up to and including 52 weeks, a flight
crew member will give the Company written notice of his/her
intention to return to duty.
(b) For parental leave in excess of 52 weeks, a flight crew
member will give the Company one (1) full bid periods notice of
his/her intention to return to duty.
(c) Upon expiration of the notice periods in paragraphs (a) or
(b) or clause 30.2.7, a flight crew member is entitled to resume
his/her category or an equivalent position in accordance with
his/her seniority if the category held immediately before taking
parental leave no longer exists.
(d) Upon a flight crew member’s return to duty, the Company will
provide recency flying, recurrent-training sessions, route
278.
qualifications and any further training necessary to qualify the
flight crew member for return to line flying.
30.1.8 Retaining or relinquishing a training vacancy
If, before commencing parental leave, a flight crew member has
not completed transitional training for a vacancy already
allocated, he/she may, subject to clause 13.4.16 and 37.1, retain
the vacancy.
30.1.9
Applying for a training vacancy during parental leave
During parental leave a flight crew member may apply for a
training vacancy provided the training is planned to commence
after the end of the parental leave.
30.1.10 Staff Travel
Staff travel will be available during parental leave.
30.2 Maternity leave
30.2.1 Eligibility
A flight crew member will be eligible for maternity leave upon
production to the Company of a medical certificate stating that
she is pregnant and the expected date of her confinement.
Subject to clauses 30.1.3 and 30.2.8, maternity leave will be a
continuous period of up to 52 weeks from the commencement of
maternity leave and will not end until at least six (6) weeks
post-birth.
A flight crew member’s application for maternity leave must be
accompanied by:
(a) a medical certificate stating that she is pregnant and the
expected date of her confinement; and
(b) a statutory declaration stating particulars of any period
of paternity leave sought or taken by her spouse.
30.2.4
Commencing maternity leave
(a) A flight crew member may commence maternity leave
immediately upon confirmation of pregnancy as certified by a
registered medical practitioner or immediately following
completion of alternative duties.
(b) If the flight crew member continues with alternative duties
during the period of six (6) weeks before the expected date of
birth the Company may request a medical certificate confirming
her fitness to work.
279.
30.2.5 Pregnancy-related illness prior to maternity leave
If a flight crew member suffers an illness related to her
pregnancy before commencing maternity leave, she may take sick
leave in accordance with clause 31 for a period certified by a
registered medical practitioner as being necessary before her
return to duty.
30.2.6 Pregnancy terminates or the child dies prior to maternity
leave
Where before maternity leave has commenced the pregnancy of a
flight crew member terminates other than by the birth of a living
child:
(a)
the Company will cancel the maternity leave; and
(b)
the flight crew member is entitled to sick leave
in accordance with clause 31 for a period certified by a
registered medical practitioner as being necessary before her
return to duty.
30.2.7 Pregnancy terminates or the child dies during maternity
leave
Where the pregnancy terminates other than by the birth of a living
child, a flight crew member on maternity leave has the right to
resume work:
(a)
at a mutually-agreed time; or
(b)
at a time nominated by the Company which will not
be later than four (4) weeks after the flight crew member advises
the Company of their availability to return to work.
30.2.8 Ground staff positions
A pregnant flight crew member, who is declared fit by a Company
doctor for non-flying duty, is entitled (if she so desires) to
be allocated to a ground staff position on the following basis:
(a) A ground staff position will, wherever practicable, be
related to flying operations;
(b) The terms of employment will be those prevailing under this
Agreement (or agreement applicable to the ground staff position
if more favourable) except that rostering and work rules will be
as applicable for the ground staff position;
(c) A flight crew member will give at least four (4) weeks notice
in writing (unless otherwise agreed) of the date she intends to
commence maternity leave unless the birth occurs earlier than
expected;
280.
(d) A flight crew member will notify the Company as soon as
practicable if her pregnancy terminates other than by the birth
of a living child.
30.2.9 Superannuation
The Company will continue superannuation contributions for a
maximum of 52 weeks of maternity leave as if the flight crew member
had continued flying duties IF, for the unpaid part of this 52
week period, the flight crew member also makes superannuation
contributions (if applicable) on a post-tax basis:
(i)
as a lump sum payment prior to commencing leave; or
(ii) by remittances every four (4) weeks.
30.2.10 Maternity leave to count as continuous service
A flight crew member’s period of maternity leave will count as
continuous service subject to clauses 30.1.5 and 30.1.6. In
accordance with 30.2.9, the first 52 weeks, but not any longer
period, of maternity leave will, count as continuous service for
superannuation purposes if the requirement for member
contributions in sub-clause 30.2.9 is satisfied.
30.3
Paternity leave
30.3.1 Eligibility
A flight crew member will be eligible for paternity leave upon
production to the Company of a medical certificate which names
the spouse, states that she is pregnant and the expected date of
confinement, or states the date on which the birth took place.
Paternity leave may be taken as:
(a) an unbroken period of up to one (1) week at the time of
confinement of the spouse;
(b) two (2) weeks within two (2) months of the date of birth
subject to operational requirements; and
(c) a further period of up to 49 weeks (unless extended in
accordance with clause 30.1.3) in order to be the primary
caregiver of a child, reduced by any period of maternity leave
taken by the flight crew member’s spouse which cannot be taken
concurrently with that maternity leave.
A flight crew member’s application for paternity leave will be
accompanied by:
(a)
a medical certificate as specified in clause 30.3.1;
281.
(b) a statutory declaration stating that the flight crew member
will take that period of paternity leave to become the primary
caregiver of a child and stating particulars of any period of
maternity leave sought or taken by the flight crew member’s
spouse.
30.3.4 Notice of proposed period of leave
A flight crew member will give the following written notice of
intention to take leave:
(a) as soon as reasonably practicable for leave in accordance
with clauses 30.3.2(a) and (b); and
(b) ten (10) weeks for leave in accordance with clause
30.3.2(c).
30.3.5 If the child’s birth occurs earlier than expected
A flight crew member will not be in breach of clause 30.3.4 if
the flight crew member fails to give the required notice because:
(a)
the birth occurred earlier than expected; or
(b)
of the death of the spouse; or
(c)
other compelling circumstances.
30.3.6 Cancellation of paternity leave
If, before paternity leave has commenced, the pregnancy of the
flight crew member’s spouse terminates other than by the birth
of a living child, the Company will cancel the paternity leave.
30.3.7 Unpaid paternity leave not to count as service
Absence from duty on unpaid paternity leave will not break the
continuity of a flight crew member’s employment with the Company
or relative seniority. Any unpaid paternity leave period will not
be taken into account in calculating the flight crew member’s
length of service.
30.4
Adoption leave
30.4.1 Eligibility
A flight crew member will be eligible for adoption leave upon
production to the Company of a statement from an adoption agency
or from the appropriate government authority.
Adoption leave may be taken as:
(a) an unbroken period of up to three (3) weeks at the time of
the placement of the child; or
282.
(b) an unbroken period of up to 52 weeks from the time of the
child’s placement (unless extended in accordance with clause
30.1.3) in order to be the primary caregiver of the child provided
the leave is not taken concurrently with adoption leave taken by
the flight crew member’s spouse in relation to the same child.
This entitlement will be reduced by:
(i)
any period of leave taken under paragraph (a); and
(ii) the aggregate of any periods of adoption leave taken,
or to be taken, by the flight crew member’s spouse.
(a) A flight crew member’s application for adoption leave will
be accompanied by:
a statement from an adoption agency or other government authority
of the presumed date of placement of the child with the flight
crew member for adoption purposes; or
(b) a statement from the appropriate government authority
confirming that the flight crew member is to have custody of the
child pending application for an adoption order.
30.4.4 Notice of adoption approval and proposed period of leave
A flight crew member proposing to take adoption leave will:
(a) notify the Company upon receiving the notice of approval for
adoption purposes;
(b) in the case of a relative adoption, notify the Company upon
deciding to take a child into custody pending an application for
an adoption order;
(c) at the time of appointment if an adoption is in progress,
notify the Company of any approval for adoption purposes received
and of the period(s) of adoption leave which he/she proposes to
take;
(d) give fourteen (14) days notice for leave taken in accordance
with clause 30.4.2(a); and
(e) at least ten (10) weeks before the proposed date of
commencing leave in accordance with clause 30.4.2(b), notify the
Company of the intention to take leave and the proposed duration
of leave unless:
(i)
the adoption agency requires the flight crew member to
accept an earlier/later placement of a child; or
(ii) other compelling circumstances.
30.4.5 Cancellation of adoption leave
283.
(a) If the placement of the child does not proceed, adoption
leave which has not commenced will be cancelled.
(b) If the placement of a child does not proceed, a flight crew
member on adoption leave will immediately notify the Company and
the Company will nominate a time not exceeding four (4) weeks from
receipt of that notification to resume work.
30.4.6 Unpaid adoption leave not to count as service
Absence from duty on unpaid adoption leave will not break the
continuity of a flight crew member’s employment with the Company
or relative seniority. Any unpaid adoption leave period will not
be taken into account in calculating the flight crew member’s
length of service.
30.4.7 Special leave associated with adoption procedures
Where a flight crew member is seeking to adopt a child, the Company
will grant two (2) days unpaid special leave in order to attend
any compulsory interviews or examinations as part of the adoption
procedure. With the Company’s approval, the flight crew member
may take accrued annual or LSL in lieu of taking unpaid special
leave.
31.
PERSONAL/CARER'S LEAVE
31.1
Personal Leave & Bereavement Leave Circumstances
Subject to the conditions set out in this clause 31, a flight crew
member who is absent from duty for the following reasons:
31.1.1
personal illness or injury (sick leave);
31.1.2
to care for and support an immediate family or household
member who is sick and requires care (carer's leave); and
31.1.3
when a member of his/her immediate family or household
is suffering from a serious or life-threatening personal injury
or illness or for bereavement (“compassionate leave”);
31.2
Personal Leave & Bereavement Leave Entitlements
A flight crew member is entitled to the following amounts of paid
leave:
31.2.1
on appointment with the Company, 21 calendar days'
personal leave (which may be used for sick leave or carer's leave,
or both);
31.2.2
after 12 months' service, 21 calendar days' personal
leave; and
284.
31.2.3
two (2) days compassionate leave per occasion in
31.3
31.3.1
Sick leave
Sick leave entitlements are cumulative
Sick leave entitlements which are untaken at the completion of
each year (after deducting sick leave and carer's leave taken by
a flight crew member) will accumulate to a maximum credit of 365
days.
31.3.2
Deducting sick leave from personal leave
Sick leave taken by a flight crew member is deducted from the
flight crew member's personal leave entitlement of 21 calendar
days per year of service.
31.3.3
Using accumulated personal leave for sick leave
A flight crew member is entitled to use accumulated personal leave
for personal illness or injury if the flight crew member has
already used the current year's personal leave entitlement.
31.3.4 Paid leave for URTI
In addition to personal leave, a flight crew member is entitled
to four days' paid leave for illness associated with an upper
respiratory tract infection ("URTI") subject to the following:
(a)
URTI leave is not cumulative; and
(b)
to claim URTI leave, a flight crew member must produce
a medical certificate specific to the illness.
31.3.5
Additional sick leave at half pay
Where a flight crew member has exhausted his or her accumulated
sick leave entitlement, the flight crew member is entitled to
additional sick leave at half pay to a maximum of 90 days each
year but this additional leave is not cumulative.
31.3.6
Further sick leave without pay
Where a flight crew member has exhausted his or her accumulated
sick leave entitlement and additional leave at half pay, the
flight crew member may be allowed further leave without pay
subject to the production of a medical certificate or other
evidence to the Company's satisfaction of unfitness for duty.
285.
31.3.7
Notifying the Company of illness
A flight crew member is required to notify the Company immediately
upon becoming ill and will, as far as possible, state the nature
of the illness and the estimated duration of absence.
31.3.8
Reporting availability for duty
After illness, a flight crew member is required to immediately
report his or her availability for duty to Aircrew Scheduling.
31.3.9
When sick leave commences and finishes
Sick leave will be deemed to commence on the day on which a flight
crew member is unable to perform a scheduled duty or, if sooner,
on his or her next Available Day, and will continue until, but
not including, the first full day on which the Company has been
notified the flight crew member is fit for duty. A flight crew
member who, on an Available Day, reports sick before 1700 hours
local time, will not be debited sick leave for that day.
31.3.10
When a medical certificate is required
(d)
Before being required to produce a medical certificate
or other evidence of unfitness for duty, a flight crew member is
entitled to a maximum of four occasions or seven days of sick leave
commencing from 20 August in each year. However, if a flight crew
member reports sick on the same day that he or she is contacted
for duty or on the following day, the Company may require the
flight crew member to produce a medical certificate or other
evidence of unfitness for duty.
(e)
Any patterns affected by non-certificated sick leave will
be unpaid other than as provided in 31.3.10(a).
31.3.11
Designated duty free days within sick leave period
Explanatory note
Clause 31.3.11 is to be read in conjunction with clause 27.17
(Duty free time at a flight crew member's base station)
Where a flight crew member is unfit for duty and the period of
unfitness includes DDFDs or DDFPs, those days or periods will
still count as DDFDs or DDFPs as originally scheduled or
rescheduled.
31.4 Calculating sick leave entitlements with associated salary
and lump sum payments
(Note: Refer to clauses 26.6 and26.11)
286.
31.5 Carer’s leave
31.5.1 Using personal leave entitlement for carer’s leave
A flight crew member is entitled to take up to fifteen (15) days
per annum of personal leave entitlements as carer’s leave.
31.5.2 Carer’s leave may be taken for a single day
Carer’s leave may be taken for a single day.
31.5.3 Deducting carer’s leave from personal leave
Carer’s leave taken by a flight crew member will be deducted from
personal leave entitlements.
31.5.4 Conditions and limitations upon taking carer’s leave
A flight crew member is entitled to take carer’s leave subject
to:
(a)
production of a medical certificate or statutory
declaration stating the illness of the person concerned and that
the illness requires care by another;
(b)
no other person (under normal circumstances)
taking leave to care for the same person;
(c)
giving the Company prior notice of his/her
intention to take leave, the name of the person requiring care,
that person’s relationship, the reasons for taking leave and the
estimated length of absence. If it is not practicable for the
flight crew member to give prior notice of absence, he/she must
notify the Company at the first opportunity on the day of absence.
31.5.5 Unpaid carer’s leave
A flight crew member who has exhausted his/her entitlement in
accordance with clause 31.2.3 is entitled to an additional two
(2) days of unpaid carer’s leave on each occasion. Unpaid leave
in addition to these two (2) days may be approved by the Company.
31.6
Compassionate leave
31.6.1 Documentary evidence
The Company may request the flight crew member to provide
reasonable evidence of the illness, injury or death.
31.6.2 Using accumulated personal leave for compassionate leave
287.
Additional compassionate leave to the entitlements of clause
31.2.3 may be approved by the Company and debited from the flight
crew member’s personal leave entitlements.
31.6.3 Additional leave for bereavement of a close relative
If a close relative of the flight crew member dies, the Company
may grant the flight crew member up to one (1) day paid leave.
32. LEAVE OF ABSENCE WITHOUT PAY (LWOP)
(Note that LOA 165 will remain in place and apply on its terms
in lieu of this clause 32)
(a) Applications for LWOP will be considered in order of receipt
by the Company and state whether there is an intention to fly with
another operator.
(b) The Company may approve LWOP in accordance with Company
policy and the conditions of this clause except that nothing in
this clause precludes the Company providing additional benefits.
(c) The period of LWOP will be specified in respect of each
individual applicant and may be varied only by mutual consent.
(d) The flight crew member is responsible for making alternate
arrangements when deductions from pay cease for the period of the
LWOP.
(e)
Company superannuation contributions may be suspended.
(f) Any death benefit under the QSL Plan during the LWOP will
be that applicable at the commencement of the LWOP subject to
payment under the QSL Plan not being less than the Members
Accumulated Credit.
(g) LOL insurance coverage will not apply during the period of
LWOP except where the Company has approved in writing the flight
crew member carrying out flying operations with another operator
and the insurer and the Company agree;
(h) Staff-travel benefits on Qantas Group airlines will apply
during the LWOP but interline entitlements will depend on the
respective interline agreements.
(i) Subject to subparagraph (l)(i), a flight crew member will
resume a position in accordance with his/her seniority at the
completion of LWOP.
(j) The Company will provide the training necessary to
re-validate the flight crew member’s licence at the completion
of LWOP.
288.
(k) A flight crew member may bid for a vacancy provided the
vacancy is to become effective after the completion of the LWOP.
(l) A flight crew member’s period of LWOP will count as
continuous service provided he/she resumes duty with the Company
except that:
(i)
if the flight crew member engages in employment whilst
on LWOP without approval from the Company seniority
will not continue to accrue for the period of LWOP;
(ii) all leave entitlements will cease to accrue during the
period of LWOP and may be retained;
(iii) consistent with paragraph (e), the period of LWOP will
not count as service for superannuation purposes
unless the Company elects otherwise;
(iv)
a flight crew member may take annual leave prior
to commencing LWOP; and
(v)
if the flight crew member requests, LSL/annual leave
entitlements will be paid out as permitted by the Act.
289.
PART 8 - TRAVELLING AND WORKING AWAY FROM HOME BASE (DAILY
TRAVELLING ALLOWANCE. MEALS & ACCOMMODATION. HOME TRANSPORT &
DUTY TRAVEL)
33.
DAILY TRAVELLING ALLOWANCE
33.1
Daily travelling allowance paid where absences from a
flight crew member's base station exceeds 24 hours
The Company will pay a daily travelling allowance to a flight crew
member (to compensate the flight crew member for additional
incidental expenses, including laundry, and other expenses
incurred at a higher cost than would normally be the case, which
may from time to time be incurred during service away from the
flight crew member's base station) provided the total period of
the flight crew member's absence from his or her base station
exceeds 24 hours, whether in Australia or overseas.
33.2
When ADTA applies
The ADTA applies when a flight crew member:
33.2.1
is away from his or her base station on days spent
wholly within Australia;
33.2.2
night-stops or sleeps overnight in Australia; and
33.2.3
is away from his or her base station on training days
in Australia.
33.3
Actual allowances paid (ODTA and ADTA)
The following daily travelling allowances will be paid to a flight
crew member for each calendar day, or part calendar day, including
the day of departure from the base station but excluding the day
of return:
ODTA
(as at 1 April 2008)
Captains
Other flight crew members
$67.93
$45.28
ADTA
(as at 1 April 2008)
Captains
Other flight crew members
33.4
$35.88
$23.82
Differential rate for Captains
ODTA and ADTA rates for Captains include a differential of fifty
percent above that for other flight crew members.
290.
33.5
33.5.1
Adjustments to ODTA and ADTA
ODTA
The Company will calculate adjustments to ODTA in March each year,
for application in the first pay period on or after 1 April, by
comparing the previous calendar years movements in consumer
prices and currency variations for the United States, United
Kingdom and Singapore against the ODTA rates existing immediately
prior to the adjustment.
33.5.2
ADTA
The Company will calculate adjustments to ADTA in March each year,
for application in the first pay period on or after 1 April, by
comparing the previous calendar years movements in the Australian
Consumer Price Index against the ADTA rates existing immediately
prior to the adjustment.
33.5.3
Base year for calculating ODTA & ADTA
The base year for calculating ODTA and ADTA is 1970.
33.5.4
No downward adjustment will apply
No downward adjustment to ODTA and ADTA rates will take place
where the annual calculation yields a negative result.
33.6
STACR
The following STACR amounts will be paid to a flight crew member
each fortnightly pay period:
(a) the rate effective at 26 December 2005 increased by 3% from
8 January 2007, 7 January 2008 and 5 January 2009;
(b) from 3 August 2009 the STACR rate will be $142.42. This rate
will increase to $146.69 on 21 June 2010.
34.
MEALS AND ACCOMMODATION
Explanatory note:
Clause 34 is to be read in conjunction with S.A.10 (Operating and
deadheading to home base).
34.1 Company to provide first class accommodation and meals
34.1.1 The Company will provide a flight crew member who is away
from his or her base station on flight duty with first class
accommodation and meals. In lieu of the provision of
291.
accommodation or meals, the Company may pay an allowance as
specified in Company manuals.
34.1.2 For the purpose of selecting a hotel for accommodation of
flight crew, first class accommodation includes, but is not
limited to:
(a) The hotel must comply with fire safety and hygiene standards,
and be of a high security standard, with regard to the location
of hotel premises, the hotel security procedures and
the
individual room protection;
(b) Accommodation shall be clean, with rooms which provide rest
and are free of extraneous noise and other factors which prevent
adequate rest;
(c)
Each flight crew member shall have an individual room;
(d) Provision of air conditioning and/or heating is provided
appropriate to the environment;
(e) Rooms to have quality furnishings and lighting with
comfortable and clean bedding;
(f) Private self contained bathrooms and toilets provided in
each individual room;
(g) Accommodation shall provide 24 hour direct dial telephone
system, where available in the locality, enabling telephone calls
to be made in the privacy of the flight crew member’s room;
(h) Rooms must be provided with the ability to reduce the impact
of external light, e.g. blackout curtains, especially where rest
periods occur during daylight hours;
(i) Restaurant facilities must be provided within the hotel and
facilities for room service must be available;
(j) Adequate and clean recreational facilities, preferably
available within the confines of the hotel;
(k) Adequate insurance must be provided to flight crew members
with respect to personal injury or property within the hotel
grounds and close proximity. The Company’s policy excludes cash
and jewellery.
34.1.3 In selecting hotel accommodation, due regard must be given
to the locality, environment inside and outside of the hotel,
noise, transport, availability of acceptable standards of meals,
services and recreational facilities.
34.2 Changes to hotel accommodation
292.
34.2.1 When either the Company or the Association seeks to make
a change to existing hotel accommodation, the party desiring the
change must give written notice to the other party, at least 90
days before the expiration of the current contract with the hotel,
except where the change is caused by circumstances beyond the
control of the Company.
34.2.2 The Company will provide sufficient notice of a move to
a new hotel to allow for a ‘joint’ inspection of the proposed new
hotel by the Company and AIPA and the Company will facilitate an
Association representative participating in the hotel
inspection.
34.2.3 If no agreement is reached on the selection of a new hotel,
the matter will be determined by direct reference to a Board of
Appeal as constituted under clause 9. Pending the decision of
the Board of Appeal, the existing accommodation arrangements will
continue except in the situation where the change is caused by
circumstances beyond the control of the Company.
34.3
Changes to arrangements relating to meals
The Company and the Association will confer before deciding upon
meal arrangements or changes to existing arrangements.
Conferences will be arranged by notification by the party
desiring the change or new arrangements to the other party.
34.4
Allowances payable for duty (other than flight duty)
overseas
A flight crew member overseas on duty other than flight duty will
be paid the applicable allowances specified in the Company
manuals.
35.
HOME TRANSPORT AND RELATED ARRANGEMENTS
Explanatory note:
Clause 35 is to be read in conjunction with:
•
•
35.1
S.A. 9 (Home Transport); and
S.A. 10 (Operating and deadheading to home base).
Transport between city and the airport
The Company will provide transport for flight crew members
35.1.1
at Sydney between Central Station (and/or any other
agreed pick-up point) and the airport, and return, as required;
and
35.1.2
at Melbourne between Flinders Street Station and the
airport, and return, as required.
293.
35.2
Circumstances in which the Company will provide
transport between a flight crew member's home and the airport,
and return
Transport between a flight crew member's home and the airport and
return (and, for Captains, transport will be by direct route) will
be provided by the Company in the following circumstances:
35.2.1
Where patterns exceed one calendar day
Where patterns exceed one calendar day and:
(a)
the flight crew member is scheduled to return to base
station and be freed of all duty between 2100 and 0700 hours; or
(b)
the flight crew member is scheduled to report for duty
at base station between 2100 and 0700 hours.
35.2.2
Where a tour of duty exceeds 14 hours
Where a tour of duty (including solely deadheading duty periods
and one day patterns) on which a flight crew member returns to
base station exceeds 14 hours, regardless of the time that the
flight crew member is freed from duty.
35.2.3
Extensions to the last tour of duty in a pattern
At the completion of a pattern, where a flight crew member has
elected to extend his or her tour of duty during the last tour
of duty of the pattern:
(a)
beyond 8 hours flight time (2 pilot crew);
(b)
beyond 11 hours tour of duty (2 pilot crew);
(c) beyond 14 hours tour of duty (3 pilot crew).
35.2.4
Two-pilot crews rostered for more than 11 hours tour
of duty or 8 hours flight time
Where a two pilot crew is rostered for more than 11 hours tour
of duty or 8 hours flight deck duty, unless the flight crew member
has exercised his or her discretion under clause 27.9.2.
35.2.5
Tour of duty originating from a port outside Australia
Where a flight crew member originates a tour of duty from a port
outside Australia and the flight crew member deadheads inbound
to base station in other than first class, even though the
deadheading duty may not originate from a port outside Australia.
294.
35.2.6
departure
Tour of duty encompassing midnight at the point of
Where a two pilot crew commences a tour of duty which encompasses
midnight (local time) at the point of departure and the crew
deadheads inbound to base station in other than first class.
35.3
Home transport entitlements are fixed prior to a flight
crew member's departure from base station
Except where a flight crew member elects to extend his or her tour
of duty during the last tour of duty of a pattern as per 35.2.3,
a flight crew member's entitlement to transport under this clause
35.3 is fixed prior to the flight crew member's departure from
base station once a flight crew member confirms his or her
availability.
35.4
Flight crew members away from base station on flight duty
Where a flight crew member is away from his or her base station,
the Company will provide transport provided to and from the
airport and the place of Company accommodation.
35.5
Flight crew members away from base station on duty other
than flight duty
When away from the flight crew member's base station on duty other
than flight duty, ground transport will be provided for duty trips
unless an allowance for transport is paid or ground transport
costs are reimbursed to a flight crew member as provided in
Company manuals.
36.
DUTY TRAVEL
Explanatory note
Clause 36 is to be read in conjunction with Schedule 2 (Alternate
Paxing Agreement)
36.1
Definitions for duty travel provisions only
For the purposes of this clause:
36.1.1
Company aircraft means A380, B744, A330, B767 and B737
aircraft;
36.1.2
"not available", when used in the context of first
class travel (or, where applicable, business class travel), only
applies to aircraft which are not fitted with first class seats
(or, where applicable, business class seats).
36.2
Positioning flight crew members for duty and returning
them to base stations
295.
The Company will provide travel for flight crew members to
position them for duty and return them to their base stations to
complete duty, in accordance with the provisions of this clause.
36.3
36.3.1
Subject to 36.6.1 (Travel on foreign carriers in
certain regions), the following flight crew members are entitled
to first class travel for all duty travel:
(a)
Captains;
(b)
First Officers;
(c)
FEOs; and
(d)
Flight crew members who have achieved the status of Second
Officer for five years or more.
36.3.2
Second officers who are not covered in 36.3.1, are
entitled to the following standard of duty travel:
(a)
On Company aircraft, booked business class, upgradeable
to the highest class configured on that aircraft if a seat is
available at the time of departure of the aircraft;
(b)
On other carriers (but excluding travel on foreign carriers
referred to in clause 36.6.1), booked first class, if a seat is
available in that class at the time the booking is made. If first
class seats are not available at the time of booking, a flight
crew member will be booked in the highest class available, with
an entitlement to be upgraded to the highest class configured on
that aircraft and his or her ticket endorsed "first class".
36.4
Flight crew members accepting
seating in particular circumstances
other than first class
Notwithstanding the provisions of clause 36.3, where first or
business class travel is not available on Company aircraft and
the reason for either class of duty travel is not attributable
to an over-sale of first or business class seats, the following
provisions apply, SUBJECT ALWAYS to a flight crew member's
obligation to comply with the requirements of the Aviation
Regulatory Authority with respect to having adequate rest and
being fit to perform duty as required:
36.4.1
(a)
Domestic sectors
Business class
On a domestic sector, where no other Company aircraft which is
configured with first class seats (except where the Company
operates an aircraft in a cosmetic configuration with first class
seats being made available to business class passengers) departs
296.
within two hours of the service on which a flight crew member is
booked, a flight crew member will accept business class on Company
aircraft.
(b)
Economy class
configured with business class seats is available before a flight
crew member's next operating sector in the same tour of duty
(except where the Company operates an aircraft in a cosmetic
configuration with business class seats being made available to
economy class passengers), he or she will accept travel in economy
class.
36.4.2
On an international sector, where no other Company aircraft which
is configured with first class seats departs within 6 hours of
the service on which a flight crew member is booked, the flight
crew member will accept business class on Company aircraft.
36.4.3
Higher class section blocked off & unavailable for
commercial sale
Where the Company has blocked off a class of seating that is higher
than the seating planned under clause 36.4.1, making it
unavailable for commercial sale, a flight crew member will be
provided with the relevant lower class seating at check in, but
has the right to take up the highest class seating once he or she
has boarded the aircraft, ahead of any other requirements for
those seats except as required by the pilot in command. Seating
provided at check in will remain available to the flight crew
member throughout the flight for meals and other cabin services,
but there is no requirement for the Company to provide meals or
service in the blocked off zone to flight crew members who elect
to take up the highest class seats once they have boarded the
aircraft.
36.4.4
Travelling in a higher class of seating on another
Company aircraft
Rather than accept the seating planned under clause 36.4.1, a
flight crew member may travel in a higher class of seating on
another Company aircraft PROVIDED THAT the travel on the other
aircraft does not, due to flight time limitations, disrupt the
flight crew member's pattern of flying, but:
(a)
the flight crew member will not accrue any additional pay
credits;
and
(b)
the travel on that other aircraft will not generate an
en-route slip.
297.
36.4.5
All tickets endorsed for first class travel
All tickets will be endorsed so as to allow first class travel
in the event that there is a late change in configuration of seats.
36.4.6
Maximum of two consecutive sectors in other than first
class in tour of duty
A flight crew member will travel in a class other than first class
for a maximum of two sectors in a single tour of duty. Where it
is impractical to administer, this provision may be varied but
only if the Company first obtains the Association's approval.
36.4.7
Maximum deadheading in tour of duty when duty travel
includes economy class seating
(a)
Subject to clause 36.4.7(b), where any travel within a
tour of duty includes economy class seating it will be limited
to a maximum of 2.5 hours unless otherwise agreed with the
Association.
(b)
Notwithstanding clause 36.4.7(a), on a Sydney to Cairns
sector, where no other Company aircraft which is configured with
a higher class of seating is available on the day of travel, a
flight crew member will accept economy class seating provided he
or she slips overnight in Cairns before operating another sector.
36.4.8
Maximum deadheading in tour of duty when duty travel
includes only business or mixed class seating
Where travel is to be in business class or a mixture of first,
business and/or economy class, the maximum scheduled time of
deadheading in a single tour of duty will be 14 hours unless
otherwise agreed with the Association.
36.4.9 Business class seats to be approved by the Association
Travel in business class will only be in a seat approved by the
Association and a list of those approved seats will be held on
file by the Company.
36.4.10
Allocation of seating when travelling in economy class
Where the aircraft is only fitted with economy class seats:
(a)
the Company must allocate flight crew members a seat that
is in an emergency exit row or a bulkhead row;
(b)
the seat adjacent to the flight crew member must remain
vacant if immediately preceding an operating sector, or be the
last sold in other cases; and
298.
(c)
the flight crew member must be allocated to the highest
class seating fitted to the aircraft.
36.5
Flight crew members accepting economy class seating in
empty, all economy class aircraft
Despite clauses 36.3 and 36.4, flight crew members will accept
travel in empty, all economy, Company aircraft.
36.6
36.6.1
(a)
Travel on foreign carriers in certain regions
Regions where this clause 36.6.1 will apply
This clause 36.6.1 will operate in relation to deadheading wholly
within the following regions ("regions"):
(i)
(ii)
(iii)
(iv)
(v)
Asia (including Japan);
Europe;
USA;
South Africa; and
New Zealand.
(b)
During downline disruptions
When a flight crew member is downline disrupted and first class
travel on a foreign carrier in the regions is not available, all
flight crew members will accept travel in the highest class
available. If such travel is economy class, it will be limited
to a single sector tour of duty with a maximum of 4 hours' block
time, unless the Association agrees otherwise.
(c) Planned travel on foreign carriers
Except for clauses 36.3.1 and 36.3.2, where first class travel
on a foreign carrier in the regions is not available, all flight
crew members will accept planned duty travel arrangements in
business class, but such travel will be limited to a maximum of
4 hours' block time, will not be between the hours of 2200-0600
and will be by the most direct route (single sector if possible).
(d)
Meal allowance
If travel in business or economy class encompasses a meal period
and a first class meal is not provided on the aircraft, flight
crew members will be entitled to receive a meal allowance.
36.6.2 Travel on foreign carriers outside the regions specified
in 36.6.1
299.
Except for the provisions in clause 36.6.1, where it is impossible
for the Company to provide duty travel in accordance with clauses
36.3.1, 36.3.2, 36.4 or 36.5, flight crew members will be provided
with first class travel on another carrier except that where first
class is unavailable, flight crew members will accept travel in
the highest class available, subject to the Association's
approval.
36.7
Travelling to, or returning from, a basing
36.7.1
A flight crew member who is proceeding to, or returning
from, a basing will not be required to travel continuously in
excess of 24 hours.
36.7.2
Where it is necessary for a flight crew member who
is entitled to first class travel to stopover en route:
(d)
he or she will retain a first class travel priority
throughout the entire journey; and
(e)
the Company will provide first class meals and
accommodation for the flight crew member during the stopover.
36.7.3
This clause 36.7 also applies to a flight crew member's
spouse and dependant children.
300.
PART 9 - TRAINING & RELATED MATTERS
37.
TRAINING AND QUALIFICATION
37.1
Qualifications required for promotional training and/or
Before a flight crew member is considered by the Company to be
qualified for commencement of training for promotion and/or
transfer to another aircraft type, the flight crew member is
required to:
37.1.1
have complied with Aviation Regulatory Authority
licensing requirements;
37.1.2
and
be considered operationally suitable for training;
37.1.3
have met the Company promotional criteria (including
having achieved the required number of command hours) as set out
in the Company's Manuals or in the case of a pilot completed at
least five years in a category or categories which qualify the
flight crew member for the promotion sought.
37.2
Notification of training commencement date
37.2.1
The Company will normally give a flight crew member
at least three weeks' prior notification of the planned
commencement date of his or her training.
37.2.2
At the commencement of training, the flight crew member
will be advised of the planned arrangements for ground training,
simulator and aircraft training.
37.3
Company to provide command flying training
The Company will provide any command flying specified as
necessary in accordance with clause 14.7.4(c) at a rate
commensurate with the training facilities available.
37.4
Relinquishing patterns to undergo training
During any period of training for promotion and/or transfer to
another aircraft type, a flight crew member will:
37.4.1
relinquish the patterns in his or her pattern line that
cannot be flown because of duties associated with that training;
and
37.4.2 be allocated flying by the Company for the purpose of his
or her training
301.
EXCEPT THAT a flight crew member may be assigned a standby duty
that cannot be allocated to other flight crew members in
accordance with clause 27.19.1(a) If the standby duty needs to
be allocated to the flight crew member on transitional training,
it will be allocated to a flight crew member so as to not interfere
with the training program in the first instance and, if that is
not possible, it will be allocated to a flight crew member whose
training would conflict with the standby duty in accordance with
clause 27.19.1 Priority 10.
37.5
Additional training requested by a flight crew member
A flight crew member desiring additional training may submit a
request to the Company and accept whatever offer is made by the
Company for the flight crew member to use the Company's training
facilities subject to the following:
37.5.1
once the flight crew member has accepted an offer of
training, he or she will not later reject the offer;
37.5.2 where the training is additional to the training normally
required of the flight crew member, it will not count as a training
day or duty day.
37.6
Additional training required at Company's initiative
Where a flight crew member is required to undergo additional
training as a result of having failed to maintain the required
standard or having demonstrated a below standard performance, the
additional training will not attract credited hours if:
37.6.1
the flight crew member is additional to the normal crew
complement; or
37.6.2
in arranging the additional training, it becomes
necessary for the Company to displace and pay a pattern line
holder for the pattern. Where another pattern line holder is
actually displaced from the pattern, the displaced flight crew
member will become pattern protected in accordance with clause
27.16.5(k).
37.7
Establishing Captain and First Officer requirements for
clause 27.7 (Establishment levels).
37.7.1 In order to fulfil its future First Officer requirements,
the Company will establish the number of Second Officers to be
given First Officer training. Eligibility for First Officer
training will be in accordance with clause 13 (Seniority) and
clause 14 (Promotion and demotion).
302.
37.7.2
In order to fulfil its future Captain requirements, the
Company will establish the number of First Officers to be given
command training. Eligibility for command training will be in
accordance with clause 13 (Seniority) and clause 14 (Promotion
and demotion).
37.8
Cyclic training sessions and training flying
A flight crew member undergoing cyclic training sessions or
training flying:
37.8.1
is entitled be shown a copy of the training report
by the instructor, check pilot or check FEO;
37.8.2
must, in every instance where an adverse training report
is made, be shown the report and sign it; and
37.8.3
will not normally be required to undergo cyclic
training sessions between the hours of 2300 and 0500 local time.
37.9
Flight simulator training & cyclic training
37.9.1.
Hours for scheduling simulator training, briefing &
debriefing
A flight crew member undergoing simulator training will not be
scheduled to undertake more than four hours simulator training
on any one calendar day. Briefing and debriefing time will not
normally exceed 1.5 hours as referred to in clause 37.9.2(b) and
will be additional to the simulator training period. Promotional
training simulator sessions may comprise 1 hour and fifteen
minutes briefing time in which case the debriefing time will
limited to fifteen minutes.
37.9.2.
Cyclic training sessions policy
Cyclic training sessions ("sessions") may be conducted in the
simulator in accordance with Aviation Regulatory Authority and
Company requirements, subject to the following conditions:
(a) sessions will not be conducted between the hours of 2359 and
0500 local time except in the circumstances where a cyclic
training session must be undertaken for the purpose of recency
and no other session time is available before the recency expires;
(b)
the combined briefing and debriefing time will not exceed
90 minutes, provided that briefing time will not exceed 60
minutes;
303.
(c)
a flight crew member will be given adequate time to adapt
to the particular characteristics of the simulator before
commencing a session or check;
(d)
each flight station of the simulator will be crewed during
sessions;
(e)
a flight crew member will not be assigned to undertake
sessions if the simulator time for a cyclic training exercise plus
the flight crew member's flying hours for the preceding 29 days
would exceed 100 hours;
(f)
(i)
if a flight crew member's performance in the simulator:
is considered to be unsatisfactory; and
(ii) continues to be unsatisfactory after further training in the
simulators
the flight crew member will be given the opportunity, on a without
prejudice basis, of completing a further check on the aircraft
which the flight crew member currently operates. For Second
Officers, the opportunity of completing a further check on the
aircraft does not apply if the unsatisfactory performance relates
to flight engineer relief duties. This opportunity for a further
check on the aircraft is not applicable to a Second Officer unless
the problem results solely from asymmetric flying.
37.10 Route qualifications
37.10.1
Qualifying for all routes flown by pilots on a
particular aircraft type
The Company will offer to each pilot allocated to a particular
aircraft type the opportunity to qualify for all routes flown by
pilots on that aircraft type at the pilot's base station:
(a)
(b)
37.10.2
in Company time; and
with applicable credited hours.
Adding a permanent new route or station
When a permanent new route or station is added to the routes
normally serviced by a particular aircraft type, the Company will
offer to each pilot allocated to that aircraft type and base
station the opportunity to qualify for the new route or station:
(a)
(b)
37.10.3
with applicable credited hours.
Adding a temporary new route or station
304.
When a temporary new route or station is added to the routes
normally serviced by a particular aircraft type, the Company will
offer to each pilot allocated to that aircraft type who is
allocated a pattern line containing the new route or station the
opportunity to qualify:
(a)
(b)
with applicable credited hours
PROVIDED THAT a pilot's failure to hold qualification for the
temporary new route or station will not be sufficient reason for
the Company to reject the pilot's bid for a pattern line
containing the new route or station unless the pilot has refused
an opportunity to acquire the qualification. This clause 37.10.3
does not apply to BLHs and RLHs for whom the opportunity for route
qualifications will be provided at the Company's discretion.
37.10.4
Pilot's responsibility to maintain route
qualifications
(a)
Each pilot is responsible for maintaining route
qualifications by bidding for patterns containing the necessary
relevant routes or stations, or by synthetic means if that is
available.
(b)
If, despite complying with 37.10.4(a):
(i) a pilot has not been allocated a pattern enabling his or her
route qualifications to be maintained for the aircraft type and
base station; and/or
(ii) the opportunity for maintaining route qualifications by
synthetic means has not been available
AND the pilot is required to fly over the route to maintain or
renew his or her route qualifications, the pilot will be offered
the opportunity to do so in Company time and with applicable
credited hours.
(c)
A pilot's time spent in renewing or maintaining route
qualifications by synthetic means will be considered a training
or duty day.
(d)
If, as a result of failing to comply with 37.10.4(a) a
pilot's route qualifications have lapsed:
(i) the pilot will renew his or her qualifications by synthetic
means, if possible, in the pilot's own time and without credited
hours; or
(ii) the pilot may be required to renew his or her qualifications
by flying over the route with another qualified pilot and will
305.
not be entitled to pattern protection for the pattern or patterns
from which the pilot is removed for this purpose.
37.11 Recency and cyclic training requirements
Explanatory note:
Refer to clause 27.4.2 (j) for planning provisions for recency
days
37.11.1
Keeping a check on compliance with recency and cyclic
The Company and each flight crew member will keep a constant check
on the flight crew member's compliance with recency and cyclic
training requirements.
37.11.2 Flight crew members to give notification of expiry date
of recency & cyclic training qualifications to Company
A flight crew member will give the Company's Aircrew Scheduling
section not more than 28 days and not less than 7 days prior
notification of the expiry date of any recency or cyclic training
qualification except where the notification would require the
flight crew member to contact the Company whilst on annual or long
service leave, in which case the Company will accept notification
immediately prior to the commencement of the leave.
37.11.3 Pattern protection if a flight crew member is not given
an opportunity to maintain recency or cyclic training
requirements
A flight crew member who is removed from an allocated pattern or
patterns will be available and pattern protected in accordance
with clause 27.16.50) if:
(a)
the flight crew member notifies the Company of the expiry
date of any recency or cyclic training qualifications; and
(b)
the Company does not offer an opportunity to maintain the
flight crew member's recency or cyclic training requirements and
the flight crew member is removed from an allocated pattern or
patterns.
37.11.4
Failure to notify the Company or accept the Company's
offer of an opportunity to maintain recency or cyclic training
requirements
If a flight crew member fails to notify the Company of the expiry
date or does not accept the Company's offer of an opportunity to
maintain recency or cyclic training qualifications, the flight
crew member may be removed from an allocated pattern or patterns
306.
to undertake the required training and will not be entitled to
pattern protection for that purpose.
37.11.5
Breaking a period of leave to perform recency flying
If a flight crew member, with Company approval, breaks a period
of leave to perform recency flying, the total period of leave will
be regarded as one pattern protected occasion in accordance with
27.16 and the method of reallocating the infringed leave will be
at the Company's discretion.
38.
38.1
PILOT AND FEO ASSESSMENT COMMITTEES
Assessing a flight crew member's suitability for training
Where a flight crew member has not been cleared for training for
promotion and/or transfer to another aircraft type, the Pilot or
FEO Assessment Committee (whichever is appropriate) may, at the
request of the flight crew member, assess the flight crew member's
suitability for training, having regard to:
38.1.1
the flight crew member's flying experience and
qualifications;
38.1.2
flight training reports and Captains' confidential
crew reports;
38.1.3
Assessment Committee members' personal knowledge of
the flight crew member and/or the personal knowledge of any other
training Captain or senior check FEO called upon to assist the
committee;
38.1.4
the flight crew member's performance over the previous
five years and, where it is considered helpful, the flight crew
member's earlier record;
38.1.5
the results of any flight check conducted in accordance
with previous promotional training; and
38.1.6
any written representation by the flight crew member
provided to the committee for its consideration.
38.2 Where Pilot or FEO Assessment Committee is equally divided
in its assessment
Where the Pilot or FEO Assessment Committee is equally divided
in its assessment of a flight crew member, the flight crew member
will be considered to be approved for training for promotion
and/or aircraft type transfer.
38.3
Findings of Pilot or FEO Assessment Committee are
confidential
307.
The findings of the Pilot or FEO Assessment Committee are
confidential and will be provided to the GGMFO.
38.4
Company to arrange counselling
The GGMFO will arrange counselling for a flight crew member if
a negative finding is made by the Pilot or FEO Assessment
Committee, as soon as practicable.
39.
INTENTIONALLY LEFT BLANK
308.
PART 10 - NEW AIRCRAFT/EQUIPMENT, SAFETY AND UNIFORMS
40.
NEW AIRCRAFT OR EQUIPMENT
40.1
Conference to consider changes to pay, rules and working
conditions for new aircraft or equipment
At least six months before training of flight crew members for
a new type of aircraft or equipment for use on aircraft on the
Company's commercial operations is to commence, either the
Company or the Association may request a conference with the other
party to consider whether or not any changes to the provisions
in this Employment Contract should be made in relation to the new
aircraft type or equipment. The conference will begin within 30
days after the request for a conference has been made, unless
otherwise mutually agreed between the parties.
40.2
When any agreed changes to Employment Contract apply
Any agreed changes to this Employment Contract will apply from
the date the aircraft or equipment is first placed in commercial
service.
40.3 Flight crew members will operate new aircraft or equipment
when declared airworthy for a minimum period of 3 months even if
agreement not reached on pay and conditions
Flight crew members will operate new aircraft or equipment on the
Company's scheduled and non-scheduled operations at such time as
the aircraft or equipment is declared airworthy by the aviation
regulatory authority whether or not rates of pay, rules and
working conditions for the aircraft or equipment have been agreed
but this obligation will not continue if rates of pay, rules and
working conditions have not been agreed upon within a period of
three months after the new aircraft or equipment has been placed
in service by the Company.
40.4
B787 Aircraft
The parties agree to commence negotiations on the pay, terms and
conditions of employment to apply to the B787 as soon as
practicable after the certification of this variation to this
Agreement. The parties will endeavour to complete these
negotiations by the nominal expiry date of the varied Agreement.
If agreement on pay, terms and conditions is not reached before
the commencement of training, the provisions of this clause 40
will, subject to the Qantas/Australian Airlines Integration
Award 1994, apply to the introduction of the B787.
41.
INSURANCE COVER IN WARLIKE CIRCUMSTANCES
309.
41.1
A flight crew member will not be required to operate
services into hostile or warlike areas, but the employer may
request volunteers for such operations.
41.2
Should the Company operate military charter flights into
and out of areas in which hostile or warlike activities may
reasonably be said to exist, it will be open to the Association
to raise with the Company the question of extending the provisions
of sub-clause 41.3 to such charter flights.
41.3
A flight crew member who participates in military charter
flights will in addition to any other benefits to which he or she
is entitled under this section, be insured by the Company against
death for the following amount (adjusted at the relevant dates
as set out in the table below):
Date
Amount of benefit
On variation
$352,408
25.11.2010
$362,980
This benefit will be payable in the event of the flight crew
member's death whilst flying on the last sector into or the first
sector out of any warlike area or whilst on the ground in such
area if death results from any of the acts referred to in
sub-clause 41.4 of this section.
41.4 Should a flight crew member be killed whilst overseas in the
course of duty with the Company (whether death arises out of or
in the course of employment or while the flight crew member is
based, slipping or travelling overseas in the course of
employment) and death results from warlike operations including:
41.4.1.
acts of war, whether declared or undeclared;
41.4.2.
warlike acts in the course of civil war or armed civil
insurrection;
41.4.3.
deliberate attacks on aircraft by units of armed forces
(including shooting or forcing down in time of peace);
41.4.4.
acts of sabotage;
41.4.5.
hijacking,
the Company will provide the following:
(a) a guarantee to make up any difference by which the sum of the
death payment due to a flight crew member attributable to the
Company's contributions under the staff superannuation plan plus
310.
the amount payable on death under the Company's personal accident
insurance scheme falls short of the following amounts (adjusted
at the relevant dates as set out in the table below):
Date
Amount from which
shortfall is measured
On variation
$449,510
25.11.2010
$462,996
(b) where a flight crew member is married he or she will be
entitled to an additional amount (adjusted at the relevant dates
as set out in the table below):
Date
On variation
25.11.2010
Additional amount
payable if a flight crew
member is married
$45,093
$46,445
(c) where a flight crew member has children under the age of 17
years including any children en ventre sa mere, he or she shall
be paid an additional amount (adjusted at the relevant dates as
set out in the table below) per child in addition to the amount
payable under this subsection:
Date
On variation
25.11.2010
Additional amount
payable per child under
17
$11,287
$11,626
(d) an indemnity to a maximum of the amount (adjusted at the
relevant dates) as set out in the table below) in respect of
personal insurance policies taken out by a flight crew member
which contain exclusions of death by injury resulting from the
circumstances set out in this subsection:
Date
Maximum indemnity in
respect of personal
311.
On variation
25.11.2010
insurance policies
$240,453
$247,666
(e) Where a flight crew member is injured in circumstances set
out in clause 41.4 and such injury causes the flight crew member
to lose his or her pilot's or FEO's licence the Company shall pay
the following amounts irrespective of other loss of licence
benefits:
Up to and including age 50
Captains, First Officers, Second
Officers and FEOs
Date
Amount payable
On variation
$120,221
25.11.2010
$123,828
Pilots on probation, PUITS and FEOs
under initial training
Date
Amount payable
On variation
$72,132
25.11.2010
$74,296
All pilots and FEOs from age 51 up to
and including age 54
Date
Amount payable
On variation
$96,183
25.11.2010
$99,096
The cover amounts contained in this section shall be applied from,
respectively, 25 November 2005 and 25 November 2006.
42.
INTERNMENT
42.1
The following conditions will apply to a flight crew member
who is posted missing or interned whilst on Company service as
a result of hostile action by a foreign nation whether war is
declared or not:
42.1.1.
If interned, the flight crew member's pay will continue
during the period of internment.
42.1.2.
If posted missing, the flight crew member's pay will
continue until such time as the flight crew member's whereabouts
are established, but not beyond two years from the time the flight
312.
crew member is posted missing, provided that the Company will
consider sympathetically continuing payment of pay or part
thereof, beyond two years where the flight crew member's
dependants would otherwise be adversely affected and provided
further that if the flight crew member is subsequently discovered
to have been interned pay will continue to be paid in accordance
with sub-clause 42.1.1.
42.1.3.
Pay will cease when death is established or legally
presumed and in these circumstances the relevant provisions of
section 41, will apply.
42.2
Where a flight crew member is entitled to pay in accordance
with sub-clause 42.1 it will be paid to such person as is nominated
by the flight crew member and failing such nomination, it will
at the Company's discretion be either paid to a dependent
next-of-kin selected by the Company or held by the Company on the
flight crew members behalf.
42.3
Pay for the purpose of this section will be calculated
on the basis of 170 credited hours per bid period.
43.
UNIFORMS
(a)
The Company will at its own cost provide each
flight crew member with a uniform and will from time to time
replace it as may be necessary as a result of fair wear and tear
on duty. Alternatively, the Company may at its discretion provide
an adequate monetary allowance in lieu of providing a uniform or
replacing any part of it.
(b)
Each flight crew member will wear the uniform
on duty as and when required by the Company and will, at the flight
crew member's own cost, replace it if such replacement becomes
necessary otherwise than as a result of fair wear and tear whilst
on duty or travelling to or from duty.
44.
ACCIDENT AND INCIDENT INVESTIGATION
44.1
Association's right to be represented during an
investigation into any accident or incident
The Association has the right to nominate a representative to act
as an observer and be present at all stages of a Company's
investigation into any accident or incident.
44.2
Association's report to form part of final report of
investigating board
The Association's representative has the right to submit a report
on the investigation which will form part of the final report of
the investigating board.
313.
45.
Leave bank, preferential bidding and relief from flying
45.1 Notwithstanding the provisions of clause 28, flight crew
members may voluntarily elect to transfer annual leave for the
purposes of establishing and maintaining a leave bank to be used
to fund activities relevant to the employment of employees
covered by this agreement. The days that a flight crew member may
voluntarily transfer to the leave bank must be from the
entitlements received by flight crew that are in excess of the
days that flight crew are entitled to pursuant to the provisions
of the Act.
The election must be in writing and must be provided to the Company
before leave will be transferred to the bank. Each day of leave
transferred to the leave bank will be converted to hours, such
conversion to be calculated by dividing the flight crew member’s
applicable fleet divisor at the time of the transfer by fifty six
[28].
The Company will administer the leave bank including withdrawals
from the leave bank.
45.2 The President of the Association and two flight crew members
nominated by the President will be entitled to relief from flying
duties to a combined 350 hours in each 56 day bid period provided
the Company is compensated for the relief either by deduction from
the leave bank or by payment to the Company for the relief.
45.3 The President and two flight crew members nominated by the
President are entitled to the pre-allocation of known flying in
each bid period in the same manner that flying is pre-allocated
pursuant to the provisions of clause 27.6.1 of this Agreement
after consultation with the Company to select flying before it
is made available for bidding.
The President’s leave allocation will be arranged in consultation
with the Company.
The Company may require the President to fly or exceed his or her
allocation of credited hours.
When there is a change of President during a bid period, the
pre-allocation arrangements in place at the commencement of the
bid period will apply for the duration of the bid period. However,
the Company will, where reasonably practicable, facilitate
relief from flying for the new President for the reminder of the
bid period.
45.4 The Company may approve a flight crew member performing
representational duties by attending a meeting with the Company.
Where this occurs:
314.
(a)
the attendance will be treated as the award of a duty;
(b)
a payment at MDC will apply for each day of duty; and
(c) if the attendance disrupts a trip, the flight crew member
will be pattern protected (off-settable) for the difference
between the payment under (b) and the value of the trip vacated.
45.5 The Company may relieve a flight crew member from a rostered
duty to perform representational duties that do not involve an
approved meeting with the Company. Where this occurs:
(a)
the attendance will be treated as the award of a duty;
(b)
a payment at MDC will apply for each day of duty; and
(c) the flight crew member will be pattern protected
(off-settable) for the difference between the payment under (b)
and the value of the rostered duty vacated.
45.6. If a flight crew member is approved to return from annual
leave or long service leave to perform representational duties
the days concerned may be re-credited to the flight crew member.
45.7 The Company may approve a request to pre allocate a trip in
a similar manner as 45.3 or block days on a flight crew member’s
roster with a ""nil credited hours value" or MDC as applicable
where the flight crew member is performing representational
duties.
315.
PART 11 - SCHEDULES TO THE AGREEMENT
SCHEDULE 1
SCHEDULING VARIATIONS AGREEMENT
1.
Agreed variations to Clause 27 of this Agreement
Attachment
variations
variations
facilities
2.
1 to this Schedule contains a number of agreed
to clause 27 (including, but not limited to,
to flight and duty time limitations, crew rest
and pattern construction).
Crew rest facilities
Crew rest facilities will be as agreed between the Company and
the Association, that is, on the B744/A380, two fully reclinable
seat/horizontal rests, in separate areas closed off from the
passenger cabin.
3.
Home Transport
The Company will provide transport between the flight crew
member's home and the airport and return, within the transport
boundaries defined in SA9 (Home transport), where specified in
the tables.
Attachment 1: Agreed Variations (and special EBA provisions)
Aircraft
Sectors
Agreed Variation/EBA
provisions
Special Conditions
B767/B744/
A380
BNE/SIN
8.5 hrs FDDT + 0.5 ext. Departures
0800-1500 LCL
followed by 22 hrs
free of duty
B767/B744/
A380
MEL/SIN
0800-1500 LCL
followed by 22 hrs
free of duty
B767/B744/
A380
SYD/MNL
0800-1600 LCL
followed by 22 hrs
free of duty
316.
B767/B744/
A380
SYD/SIN
0800-1600 LCL
followed by 22 hrs
free of duty
B767*
All
3 Pilot/No adequate
rest facilities
Disruptions only
Agreed Variation
Captain's approval
required
Relief for CAO
48.1.1.12 & 16 only
Special Conditions
Aircraft
Sectors
B767*
Business Class Seat
approved for rest
B744
SYD/BNE/POM 3 Pilot/No adequate
/BNE
rest
facilities
Planning only
LAX/MEL
17hrsDT + 3ext.
B744/A380*
SYD/DPS/SYD 16hrsDT + 4ext.
4-pilots
Not pre-planned &
only
if necessary
Agreed Crew Rest
Agreed Pay Time
15:20 (minimum)
B744/A380*
SYD/NRT/SYD 12 hrs minimum off-duty 4-pilots
en-route rest
Not pre-planned &
only
if necessary
A380*
LAX/MEL
17 hrs 30 mins DT + 2.5 Agreed crew rest
hr extension
Agreed pay time
15:20 (minimum)
A330
SYD/BOM/SYD 4 pilot; one bunk only, Crew rest as per
>14 hours approved
CASA concession..
under 27.8.4
Additional duty
payment thresholds
reduced by 1 hour.
* an EBA provision
FDDT: Flight Deck Duty Time
DT: Duty Time
CASA Concessions
Notwithstanding the granting or existence of any concession, the
concession can only be implemented by agreement between the
parties. Pursuant to clause 27.8.13 of Section B in EBA7, new
concessions or amendments to existing concessions can only be
implemented with the Association's prior agreement.
Explanatory notes:
317.
•
•
Out-of-date concessions have been removed.
CASA concessions are located in Chapter 11 of the Flight
318.
SCHEDULE 2
ALTERNATE PAXING AGREEMENT
The parties agree that the Alternate Paxing Agreement is not
subject to grievance under the Employment Contract.
1.
Company's obligation to provide duty travel
Pursuant to clause 36 of the Employment Contract, the Company
provides duty travel (otherwise referred to as "paxing") for
flight crew members to position them for duty and return them to
their base station to complete a duty.
2.
Flight crew member's request to vary duty travel
arrangements
2.1 If a flight crew member wishes to vary the duty travel
arrangements planned by the Company for the flight crew member,
then the flight crew member must request the variation by sending
a completed Pattern Change Request (PCR) form to Aircrew
Operations at least three (3) calendar days prior to the original
duty travel arrangements or the alternative paxing arrangements
requested, whichever is earlier. Requests to vary the duty travel
arrangements may include any one or more of the following paxing
alternatives:
To start a pattern
(a)
Pax earlier than the day or time originally planned by
the Company for the flight crew member to travel to a port to start
a pattern; or
(b)
Pax later than the day or time originally planned by
the Company for the flight crew member to travel to a port to start
a pattern, provided the later paxing date or time does not impede
or negatively impact upon the flight crew member's performance
of the duty and the Company has approved the later paxing date
or time; or
(c)
Pax from a port other than the flight crew member's base
station to start a pattern; or
To end a pattern
(a) Pax earlier than the day or time originally planned by the
Company for the flight crew member to return to the flight crew
member's base station to complete a duty; or
(b)
Pax later than the day or time originally planned by
the Company for the flight crew member to be paxed to his or her
base station to complete a duty; or
319.
(c)
Pax to a port other than the flight crew member's base
station in connection with completion of a duty.
2.2
Details of travel requirements for firm duty priority
must be provided at the time of request so that a firm reservation
can be made on the requested flight (i.e. tickets will not be
open-dated).
2.3
Any PCR form submitted without the required three calendar
days notice will only be accepted if the flight crew member has
been given late notification of duties (e.g. allocation of open
time flying or allocation of standby duty) or there are special
extenuating circumstances (e.g. compassionate reasons).
2.4
Reasonable requests from a flight crew member, who has
already departed on his or her pattern, to vary paxing
arrangements will be considered on an individual basis.
3.
Class of travel for alternative paxing arrangements
3.1. All tickets for alternative paxing arrangements will be
issued as positive space economy class, upgradeable to the
highest class available on Qantas mainline services, with a staff
travel concessional priority except that flight crew members are
entitled to the normal applicable category of duty travel where
alternative paxing arrangements involve:
(a)
paxing on the same day but at an earlier time than that
originally planned to start a pattern; or
(b)
paxing on the same day or earlier as originally planned
at the end of a pattern.
For the purposes of this clause 3.1, the first available flight
prior to or later than a flight originally planned by the Company
fulfils the "same day" requirement.
3.2 Ticketing will be by the most direct routing available at the
time of reservation, with no stopovers allowed.
4.
4.1
Variation in slip time in port
Reduction in slip time
Requests for a reduction in slip time in port will be approved
by the Aircrew Operations Manager except in circumstances where
the Aircrew Operations Manager is aware that a flight crew member
may be required for duty, due to an impending operational crewing
problem. A flight crew member whose request for a reduction in
slip time in port has been denied may request a review by the Duty
Captain.
320.
4.2
Extension of slip time
Requests to remain in a port longer than originally planned will
be considered but the Company's obligation to provide
accommodation or allowances will not be increased above that
attaching to the flight crew member's original planned pattern.
The flight crew member must:
(a)
provide a contact phone number and be available in that
port until his other originally scheduled departure time; and
(b)
be available in home base for the next planned duty
or Available Day, whichever is earlier.
5.
Joining a pattern or terminating a pattern in a port
other than base station
5.1
Joining a pattern in a port other than base station
Crewmembers who do not avail themselves of the alternate paxing
ticket may still join their pattern in a port other than Sydney
by being available (providing contact details) to the Company
from the scheduled arrival time into the port as per the original
pattern. The entitlement to hotel and allowances remains
unchanged. Flight crew members not requiring planned
accommodation are required to take steps to cancel the
accommodation. If approval is given to arrive later than the
scheduled pattern the hotel/allowance entitlement will be
adjusted accordingly.
5.2
Terminating a pattern in a port other than base station
(a) A flight crew member may terminate a pattern in a port other
than base station by signing off at on-blox + 30 minutes, but the
flight crew member will relinquish the entitlement to
accommodation and allowances associated with that part of the
pattern from the point of termination.
(b) A flight crew member who makes his or her own accommodation
arrangements will still receive allowances provided he or she
remains available for any duty that may arise until the scheduled
departure time from that port.
6.
Trading last sector
Aircrew Operations may approve flight crew members' requests to
trade final sectors into Australia between flight crew members
provided the sectors fall on the same calendar day or within 12
hours of each other. Payments will be made to each flight crew
member in accordance with the original planned pattern for each
flight crew member.
321.
7. Contactability
7.1
Paxing earlier or later than originally planned does
not release a flight crew member from any contactability
obligation and all normal contact provisions must be observed,
including the normal 15 to 4 contactability call-in based on the
departure time of the original planned pattern.
7.2
In addition, a flight crew member must notify the Company
as soon as possible of any delay, flight cancellation or other
disruption which may affect the flight crew member's ability to
fly the pattern.
7.3
If flight crew members are required to be available,
Aircrew Operations must be advised of a contact number. Flight
crew members positioning early must supply a contact number at
the slip port and must be contactable as if they had not varied
the paxing arrangements.
8. Transport
8.1
In slip ports
(a)
Flight crew members staying outside the crew hotel in
slip ports will be provided with transport to and from the crew
hotel in accordance with the normal scheduled transport services.
(b)
The Company will vary the transport in slip ports to
accommodate flight crew members staying outside the crew hotel
provided:
(i)
it incurs no additional cost;
(ii)
the relevant transport company has no objection to the
requested variation; and
(iii)
all flight crew members agree to the variation.
(iv)
flight crew members advise the Company if they do not
require transport in the slip port.
8.2
At base station
Home transport at base station will be provided where an
entitlement exists based upon the original pattern departure and
arrival times. Any changed paxing at the start or end of a pattern
does not interfere with a flight crew member's entitlement to home
transport, however, at least four (4) hours' notice of any
alteration must be given so that the transport requirements can
be arranged.
322.
9. Pattern protected/assignable-time available flight crew
members
A pattern protected crew/assignable-time available member who
requests early positioning on a pattern, must ensure that he or
she can return to base station in the event that the Company
subsequently assigns another duty to the flight crew member and,
in that circumstance, it is the flight crew member's
responsibility to arrange his or her own travel (including the
supply of tickets).
10.
time
Tour of duty measured by scheduled or revised departure
Where alternative paxing arrangements have been made, the tour
of duty will commence one (1) hour prior to the flight crew
member's first operating sector, based on the latter of the
scheduled or revised departure time.
11.
Allowances recalculated
If a flight crew member arrives late or departs early from a slip
port, allowances will be recalculated for the amended slip time.
12.
Additional flight duty payment
If a flight crew member paxes to a port other than base station,
any additional flight duty payment will be calculated in the
normal manner but the payment will be the lesser of the
calculation associated with the flight crew member paxing to the
alternative port and the calculation associated with the flight
crew member paxing to base station.
13.
Procedural notes
13.1
Flight crew members must ensure their alternative
paxing arrangements do not breach CAO flight time limits.
13.2
Tickets will be:
(a)
valid for 60 days;
(b)
available for collection, at the earliest, up to five
(5) days prior to the pattern (for international paxing). For
domestic paxing, tickets will be available, at the earliest, for
collection on the start date of the pattern immediately prior to
the pattern in which the change is requested. This will allow the
flight crew member to complete the first pattern and already have
the alternate pax ticket in his or her possession for the next
pattern;
323.
(c)
available for collection outside base station at agreed
outlets by requesting the PNR from the Aircrew Operations Duty
Travel Clerk.
13.3
It is the flight crew member's responsibility to make
positive-space reservations on open-dated tickets with the
Aircrew Operations Duty Travel Clerk, with the requirement to
arrive in the port no later than the original pattern arrival time
if the first sector is "pax", unless otherwise approved. It is
also their responsibility to advise Aircrew Operations of their
intended travel arrangements prior to departing on their intended
flight.
13.4
Requests for changes to international sectors will only
be confirmed from the previous slip-port by contacting Aircrew
Operations.
324.
SCHEDULE 3
SCHEDULING ARRANGEMENTS (S.A.1 to S.A.11)
The following scheduling arrangements have been agreed between
the Company and the Association and are included for the
information of flight crew members. The parties agree that these
arrangements are not subject to grievance under the Employment
Contract.
SA.1
STANDBY DUTY
The following is an extract from the FAM:
"It has been agreed that flight crew members on standby can be
required to depart on a flight within three hours after having
been notified of the requirement. However, flight crew members
are expected to be ready to leave home within 45 minutes of
notification and report as soon as possible at the airport. When
flight crew members on standby are required to depart on a flight
within three hours after being notified, the Company will either
provide transport or reimburse flight crew members for the use
of their own transport or car/taxi service."
SA.2
ALLOCATION OF STANDBY DUTY
1.
A standby duty will be allocated from two (2) calendar
days prior to the day on which the standby duty is to be performed.
A log will be kept by Aircrew Operations of contacts made and
contact attempts to ensure that the allocation is auditable. The
log must be kept for a minimum of seven (7) days.
2.
(a)
Where a standby duty allocated to a flight
crew member is to be reallocated, for whatever reason, the
reallocation will be in accordance with the order set out in
clause 27.19.1. A standby duty may be used by the Company to
contact a flight crew member and reallocate a standby at shorter
notice than 24 hours.
(b) For reallocation after 1600 on the day preceding the standby
duty, the Company will attempt to follow the order set out in
clause 27.19.1. The Company may choose, if required due to
scheduling constraints, not to offer the duty to PLHs.
3.
(a)
A standby duty allocated to a day which precedes
a DDFD will, whenever possible, be allocated for the 0400 -1600
time slot.
(b) A standby duty allocated to a day which follows a DDFD will,
whenever possible, be allocated for the 1000 - 2200 time slot.
325.
4. No standby duty will be allocated at first instance for the
purposes of crewing a simulator support. However, a simulator
support duty can be assigned to member on standby when the flight
crew member who was originally allocated the duty is unavailable
due to illness, etc., but only as a last resort.
SA.3
TELEPHONE PROTOCOL
The following protocol is to apply when Aircrew Scheduling (AS)
personnel contact flight crew members by telephone on a
Designated Duty Free Day or during a flight crew member's MBIT:
Aircrew Ops: "As you are on a DDFD (or on MBTT), are you available
for contact?"
Option 1:
Flight crew member:
"Yes."
Aircrew Operations will then proceed to advise the flight crew
member of any information, offer or assignment which caused the
call.
Option 2:
Flight crew member: "No."
Aircrew Operations will terminate the call without any further
discussion.
Note: The above protocol does not need to be followed when the
purpose of the call is to allocate a duty to the flight crew member
who is the most junior pattern line holder.
SA.4
DROPPING OF PATTERNS UNPAID
1.
A PLH may enter in the register maintained by Aircrew
Operations a pattern or patterns which he or she wishes to drop
unpaid, provided that he or she will not be permitted to project
below 132 credited hours for the Bid Period. The flight crew
member will only be paid his or her actual accrued hours for any
shortfall below MGH.
2. PLHs who are not Assignable Time Available flight crew members
or Pattern Protected flight crew members may bid for and be
awarded, in order of seniority, any pattern contained in this
register. However, Company requirement for the allocation of Open
Time, licence renewal, simulator etc., will take precedence over
this arrangement. If no PLH wishes to bid for a registered Pattern,
the Company may utilise the pattern.
3. A decision of whether to allow the pattern to be dropped will
be made at the normal closure of Open Time for the pattern in
question. If a pattern contained in the register is not awarded
to another PLH, or is not taken up by the Company, it will be flown
by the PLH as originally allocated.
326.
4.
Credited hours determined under this arrangement will not
be included in a flight crew member's Projected Credited Hours
for the purpose of the application of the 56-Day Bid Period
Limitations prescribed in clause 27.15.1 of the Agreement; that
is to say:
(a)
A flight crew member who drops patterns under this
arrangement will have any limitation under clause 27.15.1
referenced to his/her pattern line as if he had flown the
pattern/s dropped. Additionally, in bidding for Open Time the
reference point will be the flight crew member's pattern line as
if he had flown the pattern/s dropped.
(b)
A flight crew member who picks up patterns under this
arrangement will have any limitation under clause 27.15.1
referenced to his/her pattern line as if he/she had not flown the
pattern/s picked up. Additionally, in the allocation of Open Time,
the reference point will be the flight crew member's pattern lines
as if he had not flown the pattern/s picked up.
5.
When a flight crew member drops a pattern under this
arrangement, the period affected by the removal of the pattern
will be regarded as not being available for the allocation of duty
by the Company unless the flight crew member consents. The flight
crew member will not be able to bid for Open Time flying to be
performed during this period. By mutual consent between the
Company and the flight crew member, the flight crew member may
undertake training or flight duties provided that in general
terms no other flight crew member is disadvantaged under the terms
of the Agreement.
6.
When a flight crew member picks up a pattern/s under this
arrangement the reference point for the application of clause
27.17 will be his or her pattern line prior to picking up the
pattern.
7.
When a flight crew member picks up a pattern/s under this
arrangement and in the course of flying this pattern is downline
disrupted and this disrupted pattern conflicts with the next
pattern on his or her pattern line, then the provisions of clause
27.16.2(c) will apply.
8.
In the event that a flight crew member who has picked up a
pattern under this arrangement is unable to operate the pattern
due to personal illness, he or she will not receive a credit for
that pattern. Similarly, if the pattern is cancelled or
rescheduled, he or she will be treated in the same way as a crew
who has been awarded Open Time Flying as additional hours.
9. A flight crew member who is a PLH but is also an Assignable
Time Available flight crew member or a Pattern Protected flight
crew member, may bid for and, subject to the approval of the
327.
Aircrew Operations, be awarded pattern/s under this arrangement.
Aircrew Operations will automatically exercise its discretion in
the flight crew member's favour where the flight crew member's
total pattern protection does not exceed 3 hours.
SA.5
LEAVE FOR COMPASSIONATE REASONS
When a flight crew member has a compassionate problem at home base,
a mutual arrangement may be entered into with Aircrew Operations
whereby the flight crew member is given the option of taking an
agreed period of annual leave. When the flight crew member is
downline, he or she may opt to commence such annual leave from
the time he or she is removed from his or her pattern.
SA.6 DROPPING OF PATTERNS AGAINST ANNUAL LEAVE
1.
With the approval of Aircrew Operations, a PLH may be
removed, at his or her request, from a pattern and may have his
or her pay protected, by offsetting the credited hours value of
the pattern dropped with days debited from the flight crew
member's accrued annual leave or long service leave. The
appropriate rate will be the bid period divisor divided by 56
credited hours for each day of leave.
2.
Where the number of days leave to be debited, multiplied
by the above sum, does not exactly equal the credited hours value
of the pattern dropped, the flight crew member may elect to drop
the difference as unpaid credits or go to the next full day of
leave which exceeds the credited hours value of the pattern, in
which case, the difference will be forfeited by the flight crew
member.
3.
Discretion in administering this arrangement will remain
solely with the Company as, for example, in the event of that two
or more flight crew members in the one category should wish to
take advantage of this arrangement and, in the Company's opinion,
a lesser number only can be released.
SA.7
ASSIGNMENT OF ANNUAL LEAVE
Note: This clause is to be read in conjunction with clauses 28.14
and 28.30
When deciding which flight crew member should be assigned excess
annual leave as specified in clause 28.14, the following
guidelines should be followed:
1.
A flight crew member who has six full Bid Periods or
less to run to his or her retirement will be assigned last.
2.
A flight crew member who has successfully completed
a promotional or transitional training course, and whose
328.
consolidation flying period would be affected, will be assigned
second last.
3.
A flight crew member who, at the time of promulgation
of the excess leave, has either long service leave or annual leave
that commences or concludes within four weeks or within the same
bid period of the promulgated date of the assignable leave will
be assigned third last.
4.
A flight crew member who has been on extended sick leave
(i.e. four weeks or more) will be assigned fourth last.
5.
A flight crew member will not be assigned annual leave
in consecutive bid periods unless this results in the Company not
being able to assign all the annual leave it requires.
6.
Assigned leave will be assigned in lots of two weeks
per flight crew member until the required amount of leave is
assigned. If this is insufficient then it will be assigned in
additional lots to make up four weeks per flight crew member.
7.
A flight crew member may be given relief, for compassionate
reasons, from being assigned annual leave under these guidelines
by agreement between the Company and the Association.
SA.8 LSL ENTITLEMENT UNDER QANTAS POLICY MANUAL
Entitlement
Qantas policy provides that full-time and part-time employees are
entitled to:
•
3 months LSL (or 3/10th of one month for each year of service)
after 10 or more years of continuous service, or
•
the value of any untaken accrued leave, on leaving Qantas
with 10 or more years' service.
Expatriate employees accrue LSL in accordance with the
legislation of the State from which they were transferred, the
relevant award/agreement and this policy. Part-time employees
have the same entitlement to LSL as full-time employees, however
the rate of payment may vary.
Taking leave at half-pay
Long service leave may be taken at half-pay for double the
duration, provided:
•
the request meets with the Company's operational
requirements;
329.
•
both the employee and his or her manager agree; and
•
the employee is covered by, relevantly, the QAL Flight Crew
(Long Haul) Certified Agreement 2003-2004 (EBA 6).
The Company may request leave to be taken
The Company may require a flight crew member to take his or her
available leave. In this case, at least one month's notice must
be given to the flight crew member unless a greater period is
required under the relevant State legislation.
Illness while on long service leave
Where a flight crew member falls ill during LSL, the flight crew
member may be recredited the equivalent of the period of illness
which will then be deducted from his or personal sick leave
entitlement, provided that:
•
the duration of the illness is at least one day; and
•
supporting evidence of the illness (such as a medical
certificate) is produced.
Transitional provisions
Transitional provisions for former Australian Airlines employees
apply in accordance with the Qantas Sale act 1992. These
provisions state that the LSL entitlements for former Australian
Airlines employees are as follows:
•
Pre 30 July 1995 service with Australian Airlines is
regulated solely by the federal LSL (Commonwealth Employees)
Act 1976 which provides for:
o the calculation of LSL entitlements accrued to 30 July
1995;
o prior service in local, state or commonwealth
government authorities; and
o accrued entitlement to be taken at half-pay at the
Company's discretion.
•
Post 30 July 1995 service entitlements are determined in
accordance with the Qantas Policy Manual and the Award or
Act relevant to the employee.
SA.9 HOME TRANSPORT
SYDNEY
330.
Transport Boundary:
The area bounded by a hypothetical line drawn from Barrenjoey
headland to Brooklyn, then to the Peats Ferry Bridge, southwest
to Hillside to the corner of Halcrows Road and Cattai Ridge Road,
thence to the corner of Boundary Road and Maguires Road, Maraylya,
along Boundary Road to the corner of Old Pitt Town Road, west along
Old Pitt Town Road into Hanckel Road, then along Bocks Road to
Chapman Road, across Windsor Road to the corner of Bandon Road
and Riverstone Parade, Vineyard, then in a straight line
southwest to the corner of Stony Creek Road and Palmyra Road,
Willmot, then in a straight line to the corner of Parkes Road and
Werrington Road, Werrington, along Werrington Road to the Great
Western Highway, west along the Great Western Highway into Gipps
Road, Quarry Hill, then across the Western Freeway, along Kent
Road to the corner of Lansdowne Road, then in a straight line south
to the corner of Luddenham Road and Elizabeth Drive, Badgerys
Creek, along Elizabeth Drive into Adams Road, along Adams Road
to the corner of The Northern Road, Luddenham, then south-east
along The Northern Road to the corner of Dwyer Road, along Dwyer
Road to the corner of Greendale Road, east along Greendale Road
to The Northern Road, Bringelly, south along The Northern Road
to the corner of Cobbitty Road, Oran Park, west along Cobbitty
Road, then south into Macquarie Grove Road to the corner of
Kirkham Lane, along Kirkham Lane to the corner of Camden Valley
Way, left into Camden Valley Way to the comer of Macarthur Road,
Elderslie, then along Macarthur Road across the Camden By-Pass
into Springs Road, along Springs Road to the comer of Richardson
Road, then in a straight line southeast to the comer of Menangle
Road and the Hume Highway, Menangle Park, then in a straight line
southeast to the comer of Appin Road and Bulli Appin Road, Appin,
then east along Bulli Appin Road, to the Princes Highway, Bulli,
along the Princes Highway via Bulli Pass to the comer of Point
Street, Bulli, along Point Street to Bulli Point.
Flight crew who live outside the above mentioned area may arrange
for the Company to transport them to or from a convenient place
within the prescribed limits.
Direct Transport from Sydney Terminals
For flight crew members living near the outer borders of the
transport area, set fares have been negotiated with taxi
companies. Travelling to locations, such as Bulli, Stanwell Park,
Narellan, Camden, Coalcliff, and Thirroul, the flight crew member
shall choose one of the following two options:
•
Cab vouchers will be issued at sign-on with the agreed
maximum fare entered on the voucher. It will be up to the
taxi driver at the Terminal as to whether he or she accepts
that fare or not. The flight crew member may elect to extend
the taxi beyond the transport boundary and pay any excess.
331.
OR
•
Travel will be arranged from QCC as has always been the case.
The flight crew member thereby will not be hassled by the
taxi driver about the fare.
The set fares are as follows:
Mascot/Coledale
$75.00
Mascot/Stanwell Park
$70.00
Mascot/Camden
$70.00
Mascot/Thirroul
$80.00
The above fares arc applicable lo Taxis
Mascot/Bulli
Mascot/Narellan
Mascot/Coalcliff
$80.00
$57.00
$80.00
Combined and RSL Cabs ONLY.
MELBOURNE
Transport Boundary:
The area bounded by a hypothetical line drawn commencing at Pier
Road, Mordialloc then Albert Park Street, Governor Road heading
East, Boundary Road heading North, Dandenong Road heading West,
Springvale Road heading North, North Road heading East, Corrigan
Road heading North, Dandenong Road heading South East, Browns
Road heading North East, Justin Drive heading East, Silverton
Drive heading East, the Scoresby Freeway (proposed route) heading
North, Ferntree Gully Road heading East to the intersection of
Stud Road, a straight line to the intersection of Scoresby Road
and Burwood Road, then Scoresby Road heading North to Mountain
Highway, Dorset Road heading North, Hull Road heading North East,
Manchester Road heading North to Edward Road, heading North to
Coldstream Road then straight lines joining, Myrnoing, Rowsley,
Balliang East, Little River and the Little River exit from the
Princes Freeway.
Flight crew who live outside the above mentioned area may arrange
for the Company to transport them to or from a convenient place
within the prescribed limits.
Application:
If entitled, flight crew members may collect a Cabcharge voucher
from Melbourne Aircrew Operations before the pattern. Once a
Cabcharge voucher is provided the procurement of transport is the
flight crew member's responsibility. Any unused vouchers should
be returned to Melbourne Aircrew Operations.
Sydney and Brisbane based SCCs may obtain Cabcharge vouchers from
their respective Aircrew Operations office.
SA.10 OPERATING AND DEADHEADING TO HOME BASE
332.
A flight crew member wishing to exercise his/her discretion in
accordance with the provision in clause 27.9.2 of the Agreement,
must notify Aircrew Operations from the slip port immediately
prior to that at which he/she wishes to disembark. This will
enable arrangements to be made for transport, accommodation and
allowances.
Flight crew members who subsequently wish to terminate their
pattern in a port and not continue to his or her base station may
utilise the accommodation entitlement but will forfeit
allowances, ticket and transport from the hotel to the airport.
SA.11 EMERGENCY BASING
1.
It is the intention that emergency basings under clause
15.10 will be allocated to a flight crew member who wishes to be
so allocated. Flight crew members wishing to be allocated to any
emergency basing are required to so indicate on their letter of
preference.
2.
If no flight crew member wishes to be so allocated then
the intention is that the most junior flight crew member in the
Category who is reasonably available to depart for the basing at
the required time be allocated to the basing.
3.
When there is sufficient time, emergency basings will
be advertised by Notice to Flight Staff. These advertisements
will be awarded in order of seniority.
4.
When there is insufficient time to advertise, the Company
will have discretion in allocating the basing having regard to
the above intention.
333.
SCHEDULE 4
Pay tables from sub-clause B.23.2
Rates of pay for a TSO from sub-clause B.23.3
STACR table from sub-clause B.33.6
and
Additional payments table from sub-clause 25.2
Pay tables from sub-clause B.23.2
B744
Aircraft
First Officer
Second Officer
eff. 26
Dec 2005
eff. 10
Jan 2005
eff. 26
Dec 2005
eff. 10
Jan 2005
eff. 26
Dec 2005
$212.62
$211.20
$209.84
$208.31
$206.99
$205.45
$203.82
$202.35
$200.79
$199.11
$197.47
$219.00
$217.54
$216.14
$214.56
$213.20
$211.62
$209.93
$208.42
$206.81
$205.08
$203.40
$140.31
$138.73
$137.42
$135.92
$134.60
$131.71
$128.91
$125.82
$121.01
$118.09
$113.53
$144.52
$142.89
$141.55
$140.00
$138.64
$135.66
$132.78
$129.60
$124.65
$121.63
$116.93
$109.19
$107.77
$106.34
$104.87
$103.53
$98.69
$96.32
$93.74
$89.19
$86.65
$82.30
$112.47
$111.00
$109.53
$108.02
$106.63
$101.66
$99.20
$96.55
$91.86
$89.25
$84.77
$197.47
$203.40
$113.53
$116.93
$66.63
$68.63
$195.98
$201.86
$108.95
$112.22
$62.27
$64.14
Years of Captain
service
as a
pilot
eff. 10
Jan 2005
12
11
10
9
8
7
6
5
4
3
2
(2nd 6
months]
2
(1st 6
months)
1
A330 Aircraft
First Officer
Years or Captain
service
as a
pilot
eff. 10.
Jan 2005
eff. 26 DEC eff. 10
2005
Jan 2005
eff 26 Duo eff. 10
2005
Jan 2005
eff. 26
Dec 2005
12
11
10
9
8
$208.57
$207.15
$205.86
$204.35
$203.04
$137.62
$136.11
$134.81
$133.30
$132.05
$107.10
$105.71
$104.34
$102.82
$101.56
$202.50
$201.12
$199.86
$198.40
$197.12
$133.61
$132.15
$130.88
$129.42
$128.20
Second Officer
$103.98
$102.63
$101.30
$99.83
$98.60
334.
7
6
5
4
3
2
(2nd 6
months)
2
(1st 6
months)
1
$195.63
$194.12
$192.70
$191.24
$189.62
$188.08
$201.50
$199.95
$198.48
$196.98
$195.31
$193.72
$125.43
$122.77
$119.85
$115.26
$112.40
$108.10
$129.20
$126.45
$123.45
$118.71
$115.78
$111.34
$94.00
$91.71
$89.28
$84.91
$82.48
$78.39
$96.82
$94.46
$91.96
$87.46
$84.96
$80.75
$188.08
$193.72
$108.10
$111.34
$67.09
$69.11
$186.69
$62.71
$64.59
Years of
service
as
a pilot
12
11
10
9
8
7
6
5
4
3
2
(2nd 6
months)
2 (1st 6
months)
1
Captain
eff. 10
Jan 2005
$192.29
$103.76
$106.88
B767 Aircraft
First Officer
eff. 26
eff. 10
eff. 26
Dec 2005
Jan 2005 Dec 2005
$181.66
$180.39
$179.29
$178.05
$176.88
$175.54
$174.17
$172.90
$171.57
$170.10
$168.73
$187.11
$185.81
$184.67
$183.39
$182.19
$180.81
$179.40
$178.08
$176.71
$175.21
$173.80
$119.87
$118.58
$117.45
$116.18
$114.90
$112.56
$110.21
$107.59
$103.49
$100.95
$97.02
$123.47
$122.14
$120.97
$119.67
$118.34
$115.94
$113.52
$110.82
$106.60
$103.98
$99.93
$93.36
$92.08
$90.94
$89.67
$88.55
$84.43
$82.39
$80.18
$76.26
$74.07
$70.43
$96.16
$94.84
$93.67
$92.36
$91.21
$86.96
$84.86
$82.58
$78.55
$76.29
$72.54
$168.73
$173.80
$97.02
$99.93
$66.63
$68.63
$167.48
$62.27
$64.14
Years of
service
as
a pilot
12
11
10
9
8
7
6
5
4
3
2 (2nd 6
months)
2 (1st 6
months)
1
Captain
eff. 10
Jan 2005
$172. 50
$93.19
$95.99
B747 Aircraft
First Officer
eff. 26
eff. 10
eff. 26
Dec 2005
Jan 2005 Dec 2005
$196.60
$195.26
$194.04
$192.62
$191.38
$189.93
$188.47
$187.09
$185.67
$184.10
$182.60
$202.49
$201.11
$199.86
$198.40
$197.13
$195.63
$194.12
$192.70
$191.24
$189.63
$188.08
$129.72
$128.30
$127.07
$125.65
$124.47
$121.78
$119.19
$116.36
$111.90
$109.13
$104.95
$133.61
$132.15
$130.88
$129.42
$128.20
$125.43
$122.77
$119.85
$115.26
$112.40
$108.10
$100.95
$99.64
$98.35
$96.92
$95.73
$91.26
$89.04
$86.68
$82.44
$80.08
$76.11
$103.98
$102.63
$101.31
$99.83
$98.60
$94.00
$91.71
$89.29
$84.91
$82.48
$78.39
$182.60
$188.08
$104.95
$108.10
$66.63
$68.63
$181.25
$186.69
$100.74
$103.77
$62.27
$64.14
Second Officer
eff. 10
eff. 26
Jan 2005 Dec 2005
Second Officer
eff. 10
eff. 26
Jan 2005 Dec 2005
335.
Note: Coincident with the first Second Officer being cleared to
the line on the A330 aircraft, the applicable line hourly rates
of pay for Year 1 and the first six months of Year 2 for B744,
B747 andB767 Second Officers were increased to the equivalent
A330 rates.
Rates of pay for a TSO from sub-clause B.23.3
23.3
Rate of pay for a TSO
On all aircraft types, a TSO will be paid:
23.3.1 Effective from 10 January 2005, $4,897.00 per bid period;
and
23.3.2 Effective from 26 December 2005, $5,044.00 per bid period.
STACR table from Sub-clause B.33.6
33.6 STACR table
STACR
eff. 10 Jan 2005 eff. 26 Dec 2005
$121.67
$125.32
Additional payments table from sub-clause 25.2
Status
Captain
First Officer
Second Officer
FEO
Amount for each affected Amount for each affected
24 hour period
24 hour period
Eff. 10 Jan 2005
$98.74
$67.98
$50.49
$65.82
Eff. 26 Dec 2005
$101.70
$70.02
$52.01
$67.79
336.
PART 12 - LETTERS OF AGREEMENT ("LOAs")
LOA 1B - EXTENSION OF EMPLOYMENT
LETTER OF AGREEMENT
between
QANTAS AIRWAYS LIMITED
and
THE AUSTRALIAN AND INTERNATIONAL PILOTS ASSOCIATION
It is agreed between the Company and the Association that this
LOA IB supersedes LOA1 and LOA1A in their entirety and that,
notwithstanding clause 12.7.2 in Section B of this Certified
Agreement and for the Company's planning purposes only, the
following provisions apply:
1.
Definition
For the purpose of this Letter of Agreement, normal retirement
date means:
1.1
in the case of a member of Division 1 or Division 2 of
the Qantas Airways Limited Staff Superannuation Plan ("the Plan"),
1 July after a crew member's 55th birthday; and
1.2
in the case of a member of Division 3 and Division 3
A of the Plan, any date in the period between the member's
fifty-fifth (55th) and sixty-fifth (65th) birthdays, inclusive.
2.
Notice of intention to retire
Notwithstanding clause 12.7.2 (Notice of termination by a crew
member), to assist the Company with its establishment planning,
crew members who have reached the normal retirement date and who
intend to retire will give the Company six (6) months' notice of
their intention to so retire.
3.
Superannuation
3.1
The calculation of Guaranteed Minimum Benefits under
the Plan Regulations will be based on a flight crew member's
period of service to bis or her normal retirement date and not
beyond that date.
3.2
The lump sum benefit (including Guaranteed minimum Benefit,
if applicable) to which a flight crew member is entitled at his
or her normal retirement date will be held within the Plan and
will accumulate interest at the interest rate applied to the Plan
until the crew member's date of retirement from the Company's
service.
337.
3.3
Contributions by the Company in accordance with the
provisions of the Plan Regulations will cease on the crew member's
normal retirement date, i.e. his or her Superannuation Date as
defined in the Plan.
3.4 A crew member may elect to continue to contribute to the Plan
in accordance with the provisions of the Plan Regulations after
his or her Superannuation Date and such contribution is will
accumulate and attract the Plan rate of interest.
4.
Redundancy
The effect of a flight crew member having reached his or her normal
retirement date upon redundancy, will be as agreed between the
parties.
DATED this 26 day of May 2003.
SIGNED by
SIGNED by
Captain Wayne Kearns
For and on behalf of
Captain Garry Duggan
THE AUSTRALIAN AND
INTERNATIONAL PILOTS
ASSOCIATION
338.
LOA
5
TO
PROFFERING OF
RESERVE
LINE
PATTERN
HOLDERS
LINES
LETTER OF AGREEMENT
between
and
It is agreed between Qantas Airways Limited and the Australian
International Pilots' Association that, notwithstanding the
provisions of the Employment Contract, during the allocation of
bid lines a pilot may, by such method as the parties shall agree
from time to time, proffer their awarded pattern line to a reserve
line holder in the same category. Similarly a reserve line holder
may accept such a proffered pattern line.
The agreed method to be used and the agreed rules applicable to
pilots associated with the proffering of bid lines shall be:
(i) Proffering will be finalised during the allocation of bid
lines in accordance with these rules. Proffers are only permitted
between pilots who have been allocated to pattern lines an pilots
allocated to reserve lines.
(ii) Prospective line holders who wish to proffer, shall indicate
on their bid sheets which pattern line they are prepared to
proffer to reserve line holders. Prospective reserve line holders
may indicate if they are prepared to accept a proffered pattern
line. Such reserve line holders may indicate their preference for
particular proffered pattern line but may be allocated to any
proffered pattern line if their preferred lines are not
available.
(iii) Priority of pilots to proffer pattern lines shall be
determined by seniority. The Company may reject requests to
proffer lines if either the pattern line holder or the reserve
line holder will not be available at any time during the
applicable bid period for any reason such as:
•
•
•
•
Annual or other approved leave;
Sick leave;
Conflict between patterns;
Planned transfer to other category, base station or to
commence a transitional training program.
(iv)
A pattern line holder who successfully proffers his or
her pattern line shall:
•
Be reallocated to the reserve line vacated by the reserve
line holder who has accepted his or her pattern line.
339.
•
In accordance with the provisions of the Employment Contract
and the Bid Line Instruction Agreement and the Open Time
Allocation Agreement be assigned duties, and accrue
credited hours, including credits for training, sick leave,
annual or other approved leave, as a reserve line holder.
•
Provided they do not transfer to another category, base
station or commence a transitional training program during
the bid period, be paid for the credited hours associated
with his or her awarded pattern line at the time it was
allocated, plus any credits actually accrued in excess of
minimum guaranteed hours, whilst performing duties as a
reserve line holder. The credited hours associated with
awarded pattern line shall be the value of his or her pattern
line at the time it was allocated less the value of the
pattern line at the time it was allocated less the value of
any pattern or patterns lost due to conflict with a pattern
from the previous bid period. If such pilot does transfer
to another category, base station or commence a transitional
training program during the bid period, the accrued credited
hours for that portion of the bid period prior to such
transfer or training shall for pay purposes be determined
in accordance with the provisions of clause 26.3 of the
Employment Contract.
•
Not become a pattern protected pilot in accordance with
clause 27.16 of the Employment Contract for any reason.
•
At the completion of bid period be subject to rules
applicable to reserve line holders with respect to
carryovers into the following bid period.
(v)
A reserve line holder who accepts a proffered pattern
line shall:
•
Carry out the duties of the pattern line holder in accordance
with the provisions of the Employment Contract and the bid
line construction agreement and open time allocation
agreement for the duration of the bid period.
•
Accrue credited hours, including credits for training, sick
leave, annual and other approved leave or other duties as
a pattern line holder.
•
Be required to offset any pattern protected hours if
necessary.
•
Provided he or she does do not transfer to another category,
base station or commence a transitional training program
during the bid period, be paid minimum guaranteed hours plus
340.
any credited hours actually accrued which are in excess of
the credited hours contained in the pattern line when it was
awarded. If such pilot does transfer to another category,
base station or commence a transitional training program
during the bid period his or her accrued credited hours for
that portion of the bid period prior to such transfer or
training shall, for pay purposes, be minimum guaranteed
hours plus any credited hours they actually accrued which
are in excess of the credited hours contained in the awarded
pattern line prior to the transfer.
•
Be subject to the provisions of the Employment Contract with
respect to pattern protection, including conflicts at bid
period changeover, both at commencement and the end of the
applicable bid period.
This agreement is effective from 16/12/1996 shall remain in
effect until either party advises the other in writing that they
require the agreed rules amended or cancelled.
Dated this sixteenth day of December, 1996.
Originally dated 17.12.81.
ORIGINAL SIGNED BY
ORIGINAL SIGNED BY
D. BRYANT
FOR AND ON BEHALF OF
R.J. COLLIEN
THE AUSTRALIAN AND
ASSOCIATION
341.
LOA
32
-
EMERGENCY
BASINGS
LETTER OF AGREEMENT
between
and
This agreement is made by and between Qantas Airways Limited
(hereinafter referred to as "the company") and the Australian and
International Pilots Association.
Notwithstanding the provisions of clauses 15 and 27 of the
Employment Contract (hereinafter referred to as "the agreement"),
and without limiting the provisions of clause 15.10, the
following shall apply in respect of an emergency basing at a base
station away from Sydney:
1.
Whilst at the other base station the crew member shall
be considered to retain bid rights as though he or she had remained
a Sydney based crew member and to be subject to pattern protection
in accordance with the following clause 2.
2.
Notwithstanding anything elsewhere contained in the
agreement, the following shall apply with respect to the recovery
of pattern protection:
(a)
Where the crew member is a pattern line holder at Sydney
in the bid period in which he or she takes up an emergency basing,
he or she shall be pattern protected for the credited hours
remaining in their pattern line at the time the crew member is
removed from the pattern line to take up the emergency basing.
(b)
Where the crew member becomes a pattern line holder in
Sydney for a bid period during which he or she is on an emergency
basing he or she shall be pattern protected for patterns of flying
unable to be flown for reasons associated with the other base
station, from the time he or she is removed from such patterns
by the company.
(c)
In either case, (a) or (b), the flying he or she performs
at the other base station shall offset that pattern protection
on a one hour for one hour basis, and whilst at the other base
station he or she will be a reserve line holder but the company
will have the ability to allocate flying to them in accordance
with the provisions of clause 27.21 (Priority 2) of the agreement
whilst he or she remains pattern protected. Further, upon his or
her return to Sydney, the crew member shall be available for
multiple offset in respect of any remaining pattern protected
hours, until the end of his or her bid period or until his or her
pattern protection obligation ceases, whichever occurs first.
However, in offsetting such pattern protected hours in Sydney,
342.
the company will not infringe the remaining patterns contained
in his or her original pattern line, unless by mutual agreement.
3.
The provisions of clauses 27.22.2(j) & (k) of the agreement
will apply whilst the crew member is considered to be a reserve
line holder.
4.
The intention of this arrangement is to provide the crew
member with pay protection relative to his or her normal Sydney
bid line entitlements and, in doing so, ensure for the company
no loss of utilisation and no additional cost.
5.
This agreement shall remain in effect until either party
advises the other in writing that they require the agreed rules
amended or cancelled.
Dated this 16th day of December, 1996.
Originally signed 11.12.84.
ORIGINAL SIGNED BY
ORIGINAL SIGNED BY
D. BRYANT
R.J. COLLIEN
THE AUSTRALIAN AND
ASSOCIATION
343.
LOA
82
-
THREE
MAN
CREWING
B747
LETTER OF AGREEMENT
between
and
It is agreed between Qantas Airways Limited (hereinafter referred
to as 'the company') and the Australian and International Pilots
Association (hereinafter referred to as 'the association') that
when three-man crewing is being used in current cockpit
configured B747 aircraft, the following shall apply:
1.
Scope
The scope of three-man crewing on the B747 aircraft shall be at
the discretion of the company. Flight and duty limitations shall
conform with clause 27.8 of the Employment Contract or variations
by letter of agreement thereto.
2.
Implementation and Conditions
The following shall apply to crew members in the company's employ
as at the date of this agreement:
(a)
Three-man crewing of the B747 aircraft shall not result
in the retrenchment of the number of second offers directly
affected by the reduction in crew complement.
(b)
In the event that the Company considers there is pilot
redundancy, it shall be deemed that the B747 aircraft has a
four-man crewing complement.
Originally dated 5.12.89.
ORIGINAL SIGNED BY
ORIGINAL SIGNED BY
D. BRYANT
R.J. COLLIEN
THE AUSTRALIAN AND
ASSOCIATION
344.
LOA
102A
-
TRANSFER OF LONG
HAUL
SHORT
HAUL OPERATIONS
PILOTS
TO
LETTER OF AGREEMENT
between
and
This Letter of Agreement supersedes LOA 102 in its entirety and
contains the terms and conditions under which flight crew members
will be transferred from long haul operations to short haul
operations to operate B737 aircraft and the terms and conditions
that will govern their employment during the term of their
transfer.
1.
Definitions
1.1
Integration Award means the Qantas/Australian Airlines
Pilots Integration Award 1994.
1.2
Long Haul Certified Agreement means the Qantas Airways
Limited Flight Crew (Long Haul) Certified Agreement 2003-2004
(EBA6).
1.3
Short Haul Certified Agreement means the Qantas Airways
Limited Flight Crew (Short Haul) Certified Agreement 2002 (EBA5).
2.
Allocation of vacancies
2.1
All vacancies on B737 aircraft will be allocated in
accordance with the Integration Award and clause 13.4 of the Long
Haul Certified Agreement (and, to the extent of any inconsistency
between those two documents, the Integration Award will prevail).
2.2
For the purposes of this Letter of Agreement, clause
14.5 of the Long Haul Certified Agreement is varied to include
a reference to the B737 aircraft, viz:
"Category of a pilot according to aircraft type
The category of a pilot is the pilot's status on an aircraft type
and is ranked in the following descending order:
B744
A330
B747
B767
B737
B744
A330
B747
Captain
Captain
Captain
Captain
Captain
First Officer
First Officer
First Officer
345.
B767
B737
B744
A330
B747
B767
First Officer
First Officer
Second Officer
Second Officer
Second Officer
Second Officer "
3.
Application of Short Haul Certified Agreement
Upon being cleared to the line on the B737 aircraft, the Short
Haul Certified Agreement will apply, subject to clause 5 of this
Letter of Agreement. Upon request, the Company will provide a
flight crew member with details of the applicable pay and
conditions.
4.
Application of years of service
Upon being cleared to the line on the B737 aircraft, a flight crew
member's pay will be based on his or her total years of service
as a pilot with the Company.
5.
Specific provisions of the Long Haul Certified Agreement
to continue to apply
Notwithstanding clause 3 of this Letter of Agreement, the
following provisions in the Long Haul Certified Agreement will
continue to apply to flight crew members transferred to short haul
operations:
Clause
Clause
Clause
Clause
6.
22:
41:
42:
46:
Re-employment after medical termination
Insurance cover in warlike circumstances
Internment
Association President
Superannuation Salary
Pursuant to the Qantas Superannuation Plan Trust Deed and Rules,
the salary for superannuation purposes will be base pay
equivalent to 55 hours per calendar month plus supervisory and
training allowances, but exclusive of any other allowances.
7.
Transitional training credits
7.1
Until a flight crew member is cleared to the line on
the B737 aircraft, transitional training credits will apply
pursuant to clauses 26.3 and 27.15.10 of the Long Haul Certified
Agreement.
7.2
A flight crew member undergoing training for a vacancy
in short haul operations may have his or her training split to
provide for a specified period as a line First Officer for the
346.
purpose of obtaining line experience. During that period, the
flight crew member will receive transitional training pay.
8.
Failure to Qualify
8.1
A long haul Captain or First Officer who fails to qualify
in short haul operations in the category for which the vacancy
was created, may be required to operate on the B737 aircraft in
the highest status for which the crew member can qualify for a
minimum period of eighteen (18) months before being eligible to
being awarded a vacancy involving an aircraft type transfer. The
crew member will not be subject to the freeze period in clause
13.6.4 in Section B of the Long Haul Certified Agreement and may,
at the completion of the eighteen (18) months period, return to
long haul operations.
8.2
If the failure is the flight crew member's second failure
at promotional training, his or her status within short haul
operations will be at the discretion of the Company. However, the
crew member will have the opportunity of qualifying in long haul
operations at the completion of the freeze period in clause 13.6.4
in Section B of the Long Haul Certified Agreement, provided he
or she is cleared by the Company.
8.3
If the flight crew member is not cleared for a second
training program, or following a second failure is not cleared
to return to long haul operations, his or her case may, at the
request of the flight crew member, be referred to the Pilot
Assessment Committee.
This Letter of Agreement will remain in force until varied,
rescinded or replaced by agreement of the parties.
DATED this 26 day of May, 2003.
THE AUSTRALIAN AND
ASSOCIATION
347.
LOA
129A
-
LONG
TERM
SICK LEAVE
LETTER OF AGREEMENT
between
and
Qantas Airways Limited ("the Company") and the Australian and
International Pilots Association ("the Association") agree that
notwithstanding the Qantas Airways Limited Flight Crew (Long Haul)
Certified Agreement 2001-2002 (EBA5) ("the Certified Agreement")
the following provisions will apply in the construction of bid
lines for crew members on approved long term sick leave:
1.
Crew members on approved long term sick leave who have
advised the Company that they will be unfit for the whole of the
next bid period:
1.1
1.2
will not be allocated any flying on their bid line; and
will be paid the divisor.
2.
Crew members who have advised that they will be unfit for
only part of the next bid period will be allocated flying for the
period for which they are expected to return to duty and will bid
for that flying in the normal manner.
3.
Prior to the closing time for bids, a crew member who is
on long term sick leave but expects to be fit for duty for the
whole or part of the next bid period must advise the Company
accordingly if she/he wishes to be included in the bid line
allocation process.
4.
If the Company has not been advised that a crew member
expects to be fit for duty in the next bid period, the crew member
will not be included in the bid line allocation process and will
not be allocated any flying on their pattern line for the next
bid period (despite being otherwise so entitled in accordance
with clause 27.7 -Establishment levels and the crew member's
seniority).
5.
A crew member who:
5.1
advises the Company that she/he intends to return to
duty in the next bid period; and
5.2
submits a bid prior to the closing time for bids; and
5.3
subsequently, due to continuing illness or injury, does
not return to duty in that bid period,
will only be paid the divisor for that bid period regardless of
the crew member's bid.
348.
This Letter of Agreement is entered into in the spirit of mutual
cooperation and will operate from bid period 222. It will remain
in effect until either party advises the other in writing that
it requires the Agreement to be amended or cancelled.
LOA129 was originally entered into on 9 April 1998.
DATED the
day of
2002.
SIGNED by
SIGNED by
THE AUSTRALIAN AND
ASSOCIATION
349.
LOA 131 - PAIRED FLYING FOR PROMOTIONAL TRAINING
LETTER OF AGREEMENT
between
and
It is agreed between Qantas Airways Limited and the Australian
and International Pilots Association that notwithstanding the
provisions of the Employment Contract, as varied, the following
shall apply:
A First Officer who has been allocated a Command Training vacancy
or a pilot who has previously failed a promotional training
program, may be "paired" with a Check & Training Captain or a
Senior Check Captain for up to one (1) bid period.
The flying for the Check & Training Captain or the Senior Check
Captain as applicable will be allocated normally.
After the flying for Captains is allocated, selected patterns
will be removed from the First Officers or Second Officers pool
of flying, as applicable, for allocation to First Officers/Second
Officers involved in this program. The remaining flying will be
allocated to First Officers/Second Officers normally.
Pay for First Officers/Second Officers involved in this program
will be as though on Transitional Training.
This Agreement shall remain in effect until either party advises
the other in writing that they require the agreed rules amended
or cancelled.
Dated this 6th day of August 1998.
ORIGINAL SIGNED BY
CAPTAIN W. KEARNS
FOR AND BEHALF OF
ORIGINAL SIGNED BY
CAPTAIN C. ADAMS
FOR AND BEHALF OF
THE AUSTRALIAN AND
ASSOCIATION
350.
LOA 135 - RELATIVE SENIORITY FOR PILOTS
AND RELATIVE SENIORITY FOR FEOs
WITH THE SAME DATE OF APPOINTMENT
WITH THE COMPANY
LETTER OF AGREEMENT
between
and
This agreement contains the 'agreed formula' for determining the
relative seniority of pilots and relative seniority of FEOs with
the same date of appointment, referred to in clause 13.1.3 of the
Employment Contract.
Agreed Formula
1
If all pilots are general intake pilots, their relative
seniority will be determined in descending order of aeronautical
experience. For pilots with equal aeronautical experience,
relative seniority will be determined in descending order of age.
2
If all pilots are cadets, their relative seniority will
be determined in the order of merit in which they graduate.
3
If the pilots are a mixture of general intake and cadets,
the relative seniority of general intake pilots will be
determined first in descending order of aeronautical experience
followed by cadets in graduation merit order. The seniority of
a cadet with more than 500 hours aeronautical experience will be
determined relative to the seniority of general intake pilots in
descending order of aeronautical experience.
4
The relative seniority of FEOs shall be in descending order
of years of service with the Company followed by FEOs in
descending order of flight engineer hours. For FEOs with the same
years of service relative seniority will be determined in
descending order of age.
This agreement will operate from 18 May 1998 and will remain in
effect until varied or cancelled by mutual agreement of the
parties.
SIGNED FOR AND ON BEHALF OF
SIGNED FOR AND ON BEHALF OF
QANTAS AIRWAYS LIMTIED
THE AUSTRALIAN AND
ASSOCIATION
351.
LOA
137
-
EXTENDED
LAYOVER
PATTERNS
LETTER OF AGREEMENT
between
and
It is agreed between Qantas Airways Limited ("the Company") and
the Australian and International Pilots Association ("the
Association") that the Employment Contract will apply subject to
the following conditions:
1.
The Company may build patterns to crew Base Station/Slip
Port/Base Station on one departure per week to permit the normal
slips to be extended by nominally one week. The day of the
departure will be at Company discretion.
2.
The pattern will accrue credited hours as though operating
a round trip pattern Base Station/Slip Port/Base Station. For
administrative purposes, the pattern will be broken thirty (30)
minutes after on blocks in the Slip Port and will recommence at
2100 LT in the Slip Port the day before departure.
3.
Accommodation, meal allowances and ODTA entitlements
will cease after arrival in the Slip Port and will recommence at
2100 LT in the Slip Port the day before departure.
4.
If a pilot who has been allocated an Extended Layover
Pattern, is downline disrupted before arrival in the Slip Port,
the Company will endeavour to take the necessary scheduling
action to permit the pilot to take up the Extended Layover Pattern.
Deadhead and MDC or ETAC (whichever applies) for pilots who have
been allocated an Extended Layover Pattern and who passenger to
resolve a downline disruption in such circumstances will not
apply. Deadheading will be on Company services and may be without
breaking the deadheading if required. Patterns to commence or
complete the extended layover arrangement will not attract
deadhead credits.
5.
It will be the pilot's responsibility to ensure that
the Company crewing office in the Slip Port or Aircrew Operations
in Sydney are aware of the pilot's telephone contact number during
the extended layover. Additionally, the pilot will notify the
Company when back in the hotel, the day before departure from the
Slip Port.
6.
A pilot on an extended layover can be downline disrupted
at any time.
7.
Bidding will open 10 weeks before the applicable bid
period for Extended Layover Patterns and will close 8 weeks prior.
352.
Bid results will be promulgated as soon as practicable. If all
vacancies are not awarded then the arrangement will not take place
for that bid period. Vacancies may include start-up and closure
patterns.
8.
The pilot will be allocated 5 days annual leave (passive
or active credits at Company discretion) whilst on layover in the
Slip Port.
9.
Pilots who are allocated patterns to start up or complete
this arrangement will not attract deadhead or MDC (or ETAC,
whichever applies) for those patterns.
10.
If a pilot, through personal illness or for other reasons,
is unable to operate an Extended Layover Pattern, the Company will
have the right to crew such pattern/s as it sees fit in accordance
with normal scheduling provisions.
11.
It is intended that this arrangement should operate at
no additional cost to the Company and any changes necessary will
be negotiated with this in mind.
12.
Each pilot is limited to one Extended Layover Pattern
per bid period.
13.
A pilot will not be awarded more than one Extended Layover
Pattern in any two consecutive bid periods unless there are no
other bids.
This agreement will remain in effect until either party advises
the other in writing that they require the arrangement amended
or cancelled.
DATED this 14th day of December 1999.
ORIGINAL SIGNED BY
ORIGINAL SIGNED BY
RICHARD JENNINGS
QANTAS AERWAYS LIMITED
CAPTAIN CHRIS MANNING
THE AUSTRALIAN AND
ASSOCIATION
353.
LETTER OF AGREEMENT 145A - GROUND TRAINING CONDITIONS AT A
LOCATION AWAY FROM A CREW MEMBER'S BASE AND/OR PLACE OF
RESIDENCE
LETTER OF AGREEMENT
between
and
Association") that, pursuant to clause 34.1 (Company to provide
first class accommodation and meals) in Section B of the Qantas
Airways Limited Flight Crew (Long Haul) Certified Agreement
2003-2004 (EBA6) as varied from time to time ("the Certified
Agreement"), and notwithstanding the provisions of Letter of
Agreement 102A (Transfer of Long Haul Pilots to Short Haul
Operations), the conditions governing a crew member undertaking
ground school training and/or flight simulator training and/or
line training ("Training") at a location in Australia away from
the crew member's base and/or place of residence are set out in
this Letter of Agreement.
1.
Scope of application of this Letter of Agreement
1.1
The benefits under this Letter of Agreement APPLY to
a crew member who undertakes Training at a location in Australia:
(a)
away from his/her base (subject to clause 1.2(b)); or
(b)
at the crew member's base but at a location that is more
than 200 kilometres from his/her place of residence (where the
crew member's base and place of residence are in the same
Australian State or Territory).
1.2
The benefits under this Letter of Agreement DO NOT APPLY
to a crew member who undertakes Training:
(a)
at his/her base and the crew member's place of residence
is within 200 kilometres of the location of the Training; or
(b)
away from his/her base and the crew member's place of
residence is within 200 kilometres of the location of the
Training.
2.
or
Company will
an allowance
provide
accommodation
and
transport
2.1
Where the benefits under this Letter of Agreement apply
to a crew member the Company will:
354.
(a)
supply the crew member with accommodation, transport
and DTA for the time that s/he is at the location of the Training
("Option 1"); OR
(b)
pay an allowance to the crew member in accordance with
the terms of this Letter of Agreement ("Option 2A or Option 2B").
3.
Option 1 - Company to provide accommodation and transport
3.1
Where a crew member elects Option 1 (or clause 5.2 applies)
the Company will provide:
(a)
accommodation for the period that the crew member is
away from his/her base and/or place of residence in accordance
with the terms of the Certified Agreement;
(b)
duty travel between the crew member's base and the
location of the Training in accordance with the terms of the
Certified Agreement at the beginning and end of any period of
Training and at least once each seven (7) days;
(c)
a Daily Travelling Allowance in accordance with the
terms of clause 40 of the Qantas Airways Limited Flight Crew
(Short Haul) Certified Agreement 2002 (EBA5), as varied from time
to time, ("DTA") for the period that the crew member is away from
his/her base and/or place of residence; and
(d)
transport to and from a crew member's accommodation
and the place of training or the airport.
3.2
In all other respects the terms of the Certified Agreement
will continue to apply.
4.
Option 2A
Transport Allowance
and
Option
2B
-
Accommodation
and
4.1
The Company will provide either Option 2A or Option 2B
at a flight crew member's election.
4.2
Option 2A
The Company will provide:
(a)
an allowance equal to the cost to the Company of providing
the accommodation pursuant to Option 1 for five (5) nights' in
each seven (7) day period ("Option 2A");
(b)
DTA for the period that the crew member is away from
his/her base and/or place of residence; and
(c)
air transport between the crew member's base and the
location of the Training at the beginning and end of any period
of Training and at least once each seven (7) days.
355.
Option 2A Example (Melbourne, Sofitel)
(7 day period)
Option 2A accommodation and transport allowance = $585.00
DTA for five (5) days @ $5.38 per hour
= $645 60
Total weekly allowances
= $1230.60
Note: plus air transport between the crew member's base and the
location of the Training at the beginning and end of any period
of Training and at least once each seven (7) days.
4.3
Option 2B
The Company will provide:
(a)
an allowance equal to the cost to the Company of providing
the accommodation pursuant to Option 1 for each night from the
first day of the Training until completion of the Training
("Option 2B"); and
(b)
DTA from the first day of the Training until completion
of the Training.
Option 2B Example (Melbourne, Sofitel)
(7 day period)
Option 2B Accommodation and Transport Allowance =
DTA for seven (7) days @ $5.38 per hour
=
Total weekly allowances
=
Note. No air transport provided
$819 0J
$903.84
$1722.84
4.4
In all other respects the terms of the Certified Agreement
will continue to apply.
5.
Crew member must elect to take Option 1 or Option 2
5.1
A crew member must elect either Option 1, Option 2A or
Option 2B pursuant to this Letter of Agreement at least
twenty-eight (28) days before the first day of the Training or,
where the crew member receives less than twenty-eight (28) days'
notice of the commencement date of the Training, s/he must make
an election within seven (7) days of the date that s/he is informed
of the commencement date of the Training ("the election date").
5.2
Where a crew member does not make an election by the
election date, Option 1 will apply.
6.
DTA and accommodation and transport allowance to be paid
in advance
The Company will pay a crew member's DTA and any accommodation
and transport allowance (where applicable) for the anticipated
356.
total duration of the Training, in advance, on the pay date
immediately preceding the commencement of the Training.
7.
Failure to qualify
A crew member who fails to qualify for a Captain or First Officer
position on a short haul aircraft will be subject to the
conditions contained in Letter of Agreement 102A of the Certified
Agreement, as varied from time to time.
8.
Relocation reimbursement associated with failure to
qualify for an assigned position
Where the Company compulsorily requires a crew member to relocate
to another base to take up a Captain or First Officer position
in that other base and the crew member fails to qualify for the
position, the Company and the Association will negotiate the
conditions to apply to the crew member having regard to the then
current relevant taxation legislation and the Company's policy
on the relocation of employees (including the reinstatement of
an employee to his/her previous place of residence).
9.
Period of Operation
This Letter of Agreement totally supersedes LOA145. It will
operate from the date of execution and may only be varied,
rescinded or replaced by agreement between the parties.
DATED the
day of
2004.
SIGNED by
SIGNED by
Mr Julian Hailes
Captain Robin Holt
THE AUSTRALIAN AND
ASSOCIATION
357.
LOA
154
-
FLIGHT
ENGINEER OFFICER REDUNDANCY
AGREEMENT
LETTER OF AGREEMENT
between
and
Association"), notwithstanding clauses 12.9 ("Redundancy") and
12.13 ("Guarantee of employment and salary relativity for FEOs")
of the Qantas Airways Limited Technical Aircrew (Long Haul)
Certified Agreement 2001-2002 ("the Certified Agreement") and
any relevant related agreements between the parties, that the
following provisions constitute the parties' agreement on
redundancy for Flight Engineer Officers ("FEOs") employed by the
Company as at the date of this Letter of Agreement ("LOA").
General Provisions
1.
Scope of operation
(a) Part 1 applies to permanent employee FEOs but excludes FEOs
who still have the benefit of guaranteed continuity of employment
as FEOs as described in clause 12.13 of the Certified Agreement
(unless, at their option, those FEOs elect under clause 20(b) of
this LOA to access the redundancy provisions in Parti).
(b) Part 2 only applies to those permanent employee FEOs who still
have the benefit of guaranteed continuity of employment as FEOs
as described in clause 12.13 of the Certified Agreement.
(c)
Part 3 applies to FEOs previously employed by Australian
Airlines Limited and those who are on fixed term contracts of
employment.
2. Term of the LOA
This LOA operates until the contract of employment for the last
FEO employed by the Company as at the date of this LOA, is
terminated.
3. Intent
The Company and AIPA agree to seek to manage all necessary Flight
Engineer reductions in a manner aimed at minimising the need for
compulsory redundancies. The redundancy program will have regard
to:
(a)
retaining an age, skill and experience balance within areas
of employment in each employment category; and
358.
(b)
an expression of interest process will be used to determine
an individual's preference for continued employment or otherwise.
If insufficient expressions of interest are received compulsory
redundancy will occur.
Part 1
4.
Formula for calculating redundancy under Component 1
The formula for calculating the entitlement under Component 1 of
a redundancy payment (refer to clause 6 of this LOA) is set out
below:
(a)
Three (3) weeks' pay for each completed year of service
up to and including five (5) years' service, with a minimum of
4 weeks' pay; and
(b)
Four (4) weeks' pay for each completed year of service
in excess of five (5) years; and
(c)
Pro rata payment for each completed month of service. The
above payments do not include payment in lieu of notice.
5.
Calculating a week's pay
A week's pay will be calculated based on the following formula:
$wp = applicable hourly pay rate (plus % supervisory allowance)
times 21.25 hrs
(Note 21.25 is calculated by multiplying 170 hrs by 6.5 and
dividing that product by 52.)
6.
Maximum redundancy payment
FEOs employed by the Company as at 17 October 1996 will receive
Component 1 (subject to the qualification in sub-clause (a) below)
and Component 2. FEOs employed by the Company on or after 18
October 1996 will only receive Component 2.
Component 1
Component 1 is a dollar amount quantified as at 17 October 1996
and is comprised of the following elements:
(a)
A quantum calculated using clause 4 of this LOA and using
the hourly pay rate applicable as at 17 October 1996 for the
purposes of calculating a week's pay under clause 5. (Note: There
is a qualification, i.e. the quantum calculated under this part
(a) cannot be more than a FEO's earnings between 17 October 1996
and the FEO's normal retirement date (i.e. 1 July after reaching
359.
the age of 55) and for the purposes of this qualification,
"earnings" on a per annum basis means hourly rate as at 17 October
1996 times 170 times 6.5, and prorated for each completed month
of service.)
(b)
The quantum calculated in sub-clause 6(a) above for each
year of service after 17 October 1996 until the FEO is made
redundant (and pro-rated for each completed month of service) is
increased by 2% p.a. compounded.
Component 2
Component 2 is comprised of 4 weeks' pay for each completed year
of service after 17 October 1996 (and pro-rated for each completed
month of service), using the hourly pay rate applicable as at the
date the FEO is made redundant for the purposes of calculating
a week's pay under clause 5. The maximum benefit for redundancy
pay under Component 2 will be ninety-five (95) weeks' pay
exclusive of notice periods. For any FEO who was employed after
17 October 1996 and is entitled to a redundancy payment, the
formula is in accordance with clause 4(a) for the first five (5)
years of service.
7.
Notice
Notice will be in accordance with clause 12.9 of the Certified
Agreement for compulsory redundancy and in accordance with clause
12.7 ("Termination of Employment") for voluntary redundancy
unless otherwise agreed. Notice under clause 12.9 is deemed to
commence one week after the publication of advice to FEOs in the
form of a Notice to Flight Staff. See Attachments A and B to this
LOA for the mechanism under which notice is to be given.
8.
Annual leave
Payment for annual leave on termination will be made in accordance
with clause 26.12 of the Certified Agreement (unless a FEO who
is allocated a ground position opts to have his or her accrued
entitlement transported to the ground position).
9.
Long service leave
Pro-rata long service leave will be paid to FEOs with more than
twelve (12) months' continuous service. Payment for long service
leave on termination will be made in accordance with clauses 26.14
of the Certified Agreement (unless a FEO who is allocated a ground
position opts to have his or her accrued entitlement transported
to the ground position).
360.
10.
Superannuation
Superannuation payments will be in accordance with the Rules of
the Superannuation Plan plus full vesting of the Company's
contributions with interest.
11.
Ground training opportunities (excluding FEOs covered by
clause 12.13 of the Certified Agreement)
The following provisions apply to ground training opportunities:
(a)
The Company will provide an administrative procedure for
the consideration of alternative training or employment
opportunities for FEOs within ground staff positions.
(b)
This procedure will clearly state what qualifications and
experience are necessary before retraining for a ground position
will be considered.
(c)
The opportunities for retraining will be based upon the
operational requirements of the Company and the availability of
ground positions.
(d)
Entitlements accumulated at the time of training (e.g.
superannuation, annual leave, sick leave, long service leave)
will be portable to any ground position.
(e)
For FEOs who elect to take up a ground staff position,
the Company will provide 4 weeks' notice of transfer and pay
maintenance (based on the relevant hourly rate for the FEO
existing immediately prior to cessation of employment with the
Company as a FEO, multiplied by the annualised minimum guaranteed
hours) for a period of six (6) months commencing from the date
the FEO commences work as a ground staff employee.
(f)
Where the Company offers and the FEO accepts redeployment
requiring a change of domicile, e.g. Sydney to Perth, Cairns to
Brisbane, the FEO will be entitled to normal transfer costs in
accordance with Company policy.
12.
Retraining Opportunities
A FEO who desires to commence retraining as a pilot may approach
the Chief Pilot for approval.
13.
Staff travel entitlements
(a)
Staff travel entitlements for FEOs who accept a redundancy
package will be in accordance with the Company's Staff Travel
Policy Manual.
361.
(b)
FEOs covered by clause 12.13 of the Certified Agreement
who obtain employment with the Company under clause 20(c) of this
LOA will continue to receive the same staff travel entitlements
they received whilst working as a FEO.
14.
Company certificate of service
A statement of service will be issued to each redundant FEO,
providing a summary of the FEO's total Company history and
detailing all positions held from the time of commencing
employment with the Company until redundancy and also noting the
fact that the FEO was made redundant. This certificate can be
collected from the Company on the FEO's last day of employment.
15.
Qantas retiree identity card
Every FEO who is made redundant will be given access to a Qantas
retiree identity card.
16.
Notification to Centrelink
The Company will notify Centrelink (or the equivalent Federal
Government agency) as soon as possible of relevant information
in respect of those FEOs who are forcibly made redundant and
arrange visits by Centrelink to appropriate Company premises.
17.
Outplacement services
The Company will provide an outplacement service for all FEOs who
are forcibly made redundant and provide assistance towards the
preparation of a curriculum vitae. Full regard will be had to the
qualifications, skills and experience of each FEO and will
include the FEO's detailed work history. This service will
include employment opportunities existing with other airline
operators within and outside Australia. In particular, this will
include those airlines within the Qantas Group or airlines in
which Qantas Airways Limited maintains a financial interest. It
will also include other employment fitting the particular
qualifications, skills and experience of the FEO. Outplacement
services will be provided during the period of special paid leave
and prior to cessation of employment with the Company.
18.
Financial counselling
(a)
All FEOs who express an interest in the redundancy package
will be provided with a detailed estimate of their redundancy pay
and superannuation entitlements.
(b)
FEOs who are compulsorily made redundant will have access
to financial counselling made available by the Company and, where
practicable, this service will be provided on Company premises.
362.
19.
Welfare services
The services of the Company's Employee Assistance Program will
be available on request for an appropriate period to any FEO who
is compulsorily made redundant.
Part 2
20.
Provisions to apply if the Company's declaration of a
surplus of FEOs includes FEOs still covered by 12.13 of the
Certified Agreement
If the Company's declaration of a surplus of FEOs includes FEOs
still covered by 12.13 of the Certified Agreement, those FEOs will
be given the following options:
(a)
the Company will negotiate with each individual FEO (and
the Association, if the FEO requests its advice and assistance)
with a view to reaching mutual agreement on a cash settlement in
lieu of the FEO's guaranteed continuity of employment as a FEO;
or
(b)
access to the redundancy provisions in this LOA; or
(c)
employment as a "responsible officer in the Company" (as
defined in the Flight Administration Manual) in a position of a
technical nature or other position acceptable to the Company and
the FEO, subject to the following conditions:
(i) pay will continue to be based on the FEO pay rate having regard
to the salary relativity that exists between B744 Captains and
FEOs employed by the Company and will be increased in accordance
with increases to the B744 Captain's pay rate (i.e. maintaining
the salary relativity);
(ii) the annual pay will be not less than the average of the
divisor hours in the last completed 6 bid periods as an FEO
multiplied by the hourly pay rate. A likely method of payment is
that, at the commencement of a year, the estimate of the pay will
be made based on the roster and award applicable in the area of
continued employment and if there is an estimated shortfall the
difference will be paid equally in the normal pay cycles. The
estimate will be compared to the actual, and any payment in excess
of the annual FEO pay will be deducted from the relevant pays
within a 12 month period;
(iii) where the Company offers and the FEO accepts employment
requiring a change of domicile, e.g. Sydney to Perth, Cairns to
Brisbane, the FEO will be entitled to normal transfer costs in
accordance with Company policy;
363.
(iv) conditions of work will be in accordance with the Award or
Agreement relevant to the position and Company policy;
(v) if, after 6 months of being employed as a "responsible officer
of the Company", the FEO does not wish to continue employment in
that position, the FEO will have another opportunity to accept
either option (a) or (b) of this clause 20 in which case any
transfer costs paid to the FEO under clause 20(c)(iii) must be
repaid to the Company;
(vi) opportunities for continued employment will include
opportunities outside Mascot (e.g. Brisbane & Melbourne). It will
be the FEO's responsibility to make every reasonable effort to
prepare a resume, apply for vacancies advertised within the
Company and attend interviews if required with a view to obtaining
a position as described in this clause 20(c);
(vii) any issues relevant to a FEOs' continued employment that
involve other unions are to be resolved by the Company to AIPA's
reasonable satisfaction;
(viii) the FEO will continue to be entitled to representation by
AIPA in relation to clause 12.13 of the Certified Agreement until
the FEO resigns from the Company, or retires prematurely from the
Company for personal reasons or for health reasons, or until the
FEO attains his or her normal retirement age, i.e. 1 July after
the FEO's 55th birthday;
(ix) FEOs covered by clause 12.13 of the Certified Agreement who
obtain employment with the Company under clause 20(c) of this LOA
will continue to receive the same superannuation entitlements as
they received whilst working as a FEO.
Part 3
21.
FEOs on fixed term contracts of employment
The conditions governing FEOs on fixed term contracts of
employment are contained in LOA 120 subject to further
discussions between AIPA and the Company.
22.
FEOs previously employed by Australian Airlines Limited
FEOs who were previously employed by Australian Airlines Limited
and who are compulsorily made redundant, are entitled to
redundancy provisions as set out in each FEO's individual letter
of employment.
364.
DATED the
day of
2002
SIGNED by
SIGNED by
for and on behalf of
Captain Chris Manning
for and on behalf of the
AUSTRALIAN AND INTERNATIONAL
PILOTS ASSOCIATION
ATTACHMENT A
NOTICE TO FLIGHT STAFF
As a consequence of the phasing out of the B747-200s and SPs the
Company needs to reduce the number employed as Flight Engineer
Officers ("FEOs"). Consequently, there is the possibility of
termination of FEOs' contracts of employment because of
redundancy. Flight Operations will be seeking to minimise the
need for compulsory redundancies.
The Company specifically acknowledges that the promulgation of
this notice in no way prejudices the protection given to those
FEOs covered by the provision of clause 12.13 of the Qantas
Airways Limited Technical Aircrew (Long Haul) Certified
Agreement 2001-2002, as varied or replaced ("the Certified
Agreement").
This notice is intended to satisfy the duty of the Company to give
all FEOs at least six (6) months' notice of possible termination
on account of redundancy in accordance with the redundancy
provisions in the Certified Agreement. However, it has been
agreed that, for voluntary redundancy, 28 days' notice is
sufficient unless otherwise agreed between the parties.
The Company estimates that 28 FEO positions will be surplus to
Company requirements between 25 February 2002 and 7 October 2002,
as indicated in the table below. It should be clearly understood
that these dates and numbers are as per the current crew plan and
the Company reserves the right to vary either or both as required,
to facilitate its crewing needs as and when the need arises.
Bid period
Date
Surplus FEOs Cumulative
Surplus
217
25.02.02
4
4
218
24.04.02
15
19
221
07.10.02
9
28
All FEOs are invited to submit an expression of interest for
voluntary redundancy, which will only be accepted using the
365.
Application Form and Bid Sheet provided.
Such expressions of
interest should clearly indicate the FEO's order of preference
for date of termination of employment with the Company.
Applications for 25 February 2002 will close at 1000 EDST on
Friday, 8 February 2002 ("the closing date"). Future closing
dates will be advised.
It is suggested that any FEO who is interested in redundancy
should take steps to obtain timely relevant information on the
redundancy package so that an application can be filed by the
closing date. All applications held on file at that time will be
treated as confirmed applications for redundancy.
If there are insufficient expressions of interest for redundancy
to offset the surplus, a compulsory program will be instituted
in accordance with the redundancy provisions in the Certified
Agreement and the attached LOA.
Interested FEOs should contact the Company's Human Resources
Department and details of the redundancy package will be provided
before the closing date but any request for redundancy package
information will not, of itself, be considered by the Company to
be an application for redundancy.
ATTACHMENT B
LETTER TO INDIVIDUAL FLIGHT ENGINEER OFFICERS
Dear
Please find attached a copy of the Notice to Flight Staff ("NTFS")
dated [insert date]. This NTFS is intended to advise all Flight
Engineer Officers ("FEOs") about the possibility of the
termination of their employment because of redundancy on [insert
date].
This letter is addressed to you personally to ensure you receive
a copy of the NTFS in a timely manner and is sent to all FEOs to
highlight that if a surplus exists after all other avenues have
been exhausted, those Flight Engineer Officers not covered by
section 12.13 of Qantas Airways Limited Technical Aircrew (Long
Haul) Certified Agreement 2001-2002, as varied or replaced ("the
Certified Agreement") may have their contracts of employment
terminated as provided for in the Certified Agreement, Letters
of Agreement and Contracts of Employment as applicable. The NTFS
provides the six (6) months' notice as required under clause 12.9
of the Certified Agreement.
If you have any queries about this process, please contact [the
relevant person] on [phone number].
Yours sincerely,
366.
LETTER OF AGREEMENT 162A - B767 SCHEDULING AND PAY ARRANGEMENTS
BETWEEN
AND
Pursuant to clause 5 of Section C of the Qantas Airways Limited
Flight Crew (Long Haul) Certified Agreement 2003-2004 (EBA6)
(Certified Agreement) and clause 3.18 of Section C of the Qantas
2001-2002 (EBA5), Qantas Airways Limited (the Company) and the
Australian & International Pilots Association (the Association)
have agreed to vary the Certified Agreement to enable:
(a)
the permanent implementation of the Minimum Daily Credit
(MDC) pursuant to clause 2.3.4 of Section C of the Certified
Agreement;
(b)
the mutual withdrawal from the Dynamic Pattern Allocation
project (DPA);
(c)
the introduction of 28 day/calendar month bid periods for
B767 operations; and
(d)
associated scheduling and pay conditions that will apply
to B767 operations.
1.
Replacement of LOA 162
This Letter of Agreement (LOA) supersedes Letter of Agreement 162
in its entirety.
2.
Withdrawal from Dynamic Pattern Allocation project
Both parties agree that, on the date of this LOA, they will
withdraw from DPA.
3.
Application of MDC of 5:30
3.1.
Clause 2.3.4 in Section C is varied to reflect that an
MDC of 5:30 will be paid passively above 5:10 from bid period 230
until bid period 236 inclusive (the passive credit phase), for
all B767 domestic patterns. An active MDC of 5:30 will apply from
the commencement of bid period 237.
3.2. During the passive credit phase, a flight crew member whose
roster fails to achieve a minimum number of days free of duty
(determined by the following formula), will have the option to
drop a pattern (and/or a part of a pattern) to achieve the minimum
number of days free of duty. The formula to calculate the minimum
number of days free of duty is:
367.
A - (B / 5:30)
Where:
*
*
"A" = the number of days in a bid period; and
"B" = the bid period divisor.
3.3.
The scheduling and pay rules to apply during the passive
credit phase are set out in the Attachment to this LOA and will
be separately promulgated to flight crew members before the
allocation of pattern lines for bid period 230.
4.
Cessation of Elapsed Time Away Credits
Clause 3.3 in Section C of the Certified Agreement is varied to
reflect that Elapsed Time Away Credits will cease on the
introduction of an MDC of 5:30, whether as an active or passive
credit.
5.
Introduction of 28 day\calendar month bid periods
5.1. The parties agree to the implementation of 28 day\calendar
month bid periods for the B767.
5.2. The Company will not implement 28 day\calendar month bid
periods until all necessary administrative processes (including
pay and RCIS) are in place.
6.
Bid Period Divisor Translation
6.1. For the purpose of translating the current fifty-six (56)
day bid period divisor into a 28 day/calendar month equivalent,
the following formula will apply:6.1.1.
Planning Divisor
170/56X28
6.1.2
Actual Divisor
(range) 160-175/56X28
6.1.3
Calendar Month
In the case of a calendar month replacing a 28 day bid period,
30 will be substituted for 28 in both 6.1.1 and 6.1.2 above.
6.1.4
Standard Window
For the purpose of building pattern lines, the standard window
will continue to apply on the basis that the maximum window is
+/- 5 hours of the actual bid period divisor for the relevant
category. However, for the purpose of 28 day/calendar month
equivalent bid periods, any plan to exceed the maximum window of
+/- 2.5 hours will be subject to agreement between the Company
7.
Permanent Scheduling and Pay Arrangements
7.1. Clause 4 in Section C of the Certified Agreement (Interim
Arrangements pending DPA) is deleted in its entirety and replaced
with the clause set out below:
368.
"4.
Permanent B767 Scheduling and Pay Arrangements
4.1
The following scheduling arrangements will apply to
the B767:
4.1.1
for Domestic Flying, from the date of this LOA; and
4.1.2
for International Flying, from the commencement of bid
period 240 (5 September 2005) or the introduction of 28
day/calendar month bid periods, whichever is sooner.
4.2
For the purposes of this clause only, "Domestic Flying"
includes:
*
*
*
*
*
*
all Australian domestic routes;
all Trans-Tasman routes;
Brisbane - Port Moresby - Brisbane;
Brisbane - Noumea - Brisbane;
Sydney - Noumea - Sydney; and
Perth - Denpasar - Perth.
4.3
For the purposes of this clause only "International
Flying" is any flying that is not Domestic Flying.
4.4
Pattern Protection
4.4.1
Pattern Protection will be calendar day limited
All pattern protection (for International Flying and Domestic
Flying) that does not arise as a result of Sick Leave will be
calendar day limited. This means that offsets to pattern
protection can occur outside the period of the original pattern
from 0001 local time on the first calendar day of the original
pattern up to 2359 local time on the last calendar day of the
original pattern (Calendar Day Window).
4.4.2
Pattern Protection in excess of MDC calculations for
International Flying
In addition to clause 4.4.1, for International Flying only,
Pattern Protection hours arising in excess of MDC calculations
will be fixed. The remaining hours are available for offset as
set out in clause 4.4.1 above (e.g. if a 4 day pattern of
International Flying worth 25 credited hours is subject to
pattern protection the hours in excess of 22 hours (4 x MDC) are
fixed (3 hours). The remaining 22 hours are available for offset).
4.4.3
Sick Leave Pattern Protection
All sick leave pattern protection will remain subject to the
current rules set out in Clause 27.16 of the Certified Agreement.
4.5
International Flying
If the planned International Flying hours for the B767 increase
to 6187 or more stick hours per bid period (6187 stick hours is
35% more stick hours than the International Flying stick hours
planned for the B767 in bid period 235) the Company may elect to
revert to the pattern protection provisions set out in clause
27.16 of the Certified Agreement and clause 4.4 of this LOA will
369.
cease to be of any force or effect for International Flying
(clause 4.4 will continue to apply to Domestic Flying).
4.6
International Flying Pattern Construction
4.6.1
When constructing patterns containing International
Flying that require sectors of Domestic Flying to be undertaken
before and/or after any International Flying, the Company will
comply with the requirements set out in Clause 27.4.1 (b) of the
Certified Agreement.
4.6.2
The Company will, whenever possible, when constructing
patterns to which clause 4.6.1 applies, build them with a maximum
of two Domestic Flying sectors outbound/inbound. The Company
acknowledges that the construction of multiple domestic sectors
needs to satisfy a "reasonableness test" both in respect of the
tour of duty and appropriate slip time associated with the
operation of the international sector. The outbound/inbound
sectors will allow for the crew member to take an alternative
flight in the event of a disruption.
4.7
Pattern Reconstruction
4.7.1 Patterns consisting of only Domestic Flying can be reworked
in any way, provided that the Calendar Day Window is adhered to
for each pilot. The duration and destination of patterns can be
changed at any time.
4.7.2
Offers by the Company can be made if a pattern is built
outside the originally planned Calendar Day Window.
4.7.3
A Hotel room will be provided for slips of less than 12
hours in base.
4.8
Restriction on assigning open time flying
A PLH can only have his or her pattern line disrupted under
priorities 14 & 17 in the Open Time provisions once per 28
day\calendar month bid period. The Company only agrees to a
restriction on the use of Priorities 14 & 17 on the basis that
the Company's operations are not compromised, i.e. where the
application of the restriction means a flight will be uncrewed,
the restriction will not be used.
(Note: The application of this clause 4.8 means that once a flight
crew member has been assigned a pattern under priorities 14 or
17, the flight crew member will not be assigned again until all
other flight crew members in the category have been utilised and
the Company needs to apply priority 14 or 17 again.)"
8.
Pay rules for 28 day/calendar month bid periods
Clause 26.18 of the Certified Agreement will be varied to provide
that, on day 28 of a 28 day/calendar month bid period a crew member
will be paid (in addition to MGH and, where relevant, the
difference between MGH and the bid period divisor) for credited
hours accrued in the previous bid period for which the crew member
has not already been paid. If a crew member has been paid for more
credited hours that were accrued in the previous bid period, the
370.
Company may make the necessary amendments on day 28 of the then
current bid period.
9.
Offsetting the cost of the increased MDC
9.1. The cost of implementing an increase in MDC to 5:30 on B767
domestic patterns will be funded by a closed period offset
involving a deduction from B767 crew members' annual leave
entitlements, as specified in clause 9.3 below.
9.2.
The parties agree that when the Company introduces 28
day\calendar month bid periods the provisions of clause 9.3 will
cease to be of any force or effect and the introduction of 28
day\calendar month bid periods fully funds an MDC of 5:30 for B767
operations.
9.3.
Notwithstanding clause 28.1 in Section B of the Certified
Agreement, each B767 Captain and First Officer will have one leave
day every second bid period deducted from his/her accrued annual
leave entitlement, up to a maximum number of 5. Leave entitlement
deductions will be administered in accordance with the following
provisions:
9.3.1. The deduction of annual leave days will be recorded on day
one of bid periods 232, 234, 236, 238 and 240. If 28 day\calendar
month bid periods are implemented before the commencement of bid
period 240, the deduction of annual leave days pursuant to this
clause will cease.
9.3.2. A crew member transferring to the B767 part way through
any two bid period time frame, will have the deduction of one
annual leave day pro-rated down (and calculated to the nearest
decimal place), to reflect the number of days out of 112 days that
the crew member has B767 status commencing from the date he/she
was cleared to the line on the B767 aircraft type. (Example: If
a crew member is cleared to the line half way between two bid
periods, he/she will only have half a leave day deducted.)
9.3.3.
A B767 crew member who commences training on
another aircraft type part way through any two bid period time
frame, will have the deduction of one day pro-rated down (and
calculated to the nearest decimal place), to reflect the number
of days out of 112 that the crew member has B767 status until the
completion of his/her last trip on the B767.
9.3.4.
Where a crew member's existing entitlement after
application of the above provisions would fall below the annual
minimum entitlement of forty-two (42) days, set out in the Qantas
Technical Aircrew (Long Haul) Award 2000, the required deduction
will be drawn from his/her annual leave accrual for the following
year (noting that leave entitlements accrue on 1 August of each
year).
10.
Additional and Consequential variations to the Certified
Agreement
The parties recognise that:
371.
(a)
the implementation of 28 day/calendar month bid periods
for the B767;
and
(b)
the mutual withdrawal from DPA,
will mean that the Certified Agreement requires amendment (in
addition to the amending provisions set out in this LOA) in order
to implement the terms of this LOA. The parties undertake to make
all necessary amendments in a timely matter and that any such
amendments will not disadvantage crew members.
11.
Effective date
This LOA is effective from 1 March 2005.
12.
Variations to this LOA
This LOA can only be varied, rescinded or replaced by the mutual
agreement of the parties.
DATED this
day of
2005.
SIGNED by
SIGNED by
Julian Hailes
Captain Robin Holt
THE
AUSTRALIAN
AND
INTERNATIONAL
PILOTS ASSOCIATION
Attachment to LOA162A
Scheduling and Pay Rules for the use of a Passive MDC
The following rules for scheduling and pay apply for the
application of an MDC of 5:30 for B767 domestic patterns (i.e.
the Domestic Bucket for DPA flying) from bid period 230 to bid
period 236 inclusive:
1.
For scheduling purposes, all domestic patterns will be
calculated to 5:10 MDC or flight credits, whichever is greater.
For pay purposes, however, each domestic pattern will be
calculated to 5:30 MDC or flight credits, whichever is greater.
This additional passive payment will occur in the balancing pay
after each bid period is complete.
2.
Upon the completion of TCAM before each bid period commences,
the days free of duty (prior to the allocation of training days)
will be calculated on the pattern lines for every B767 Captain
and First Officer to identify those with less than the agreed
minimum number of days free of duty.
3.
The calculation of the minimum number of days free of duty
will use the formula of:
372.
A - (B /5:30)
Where:
*
*
"A" = the number of days in a bid period; and
"B" = the bid period divisor.
(This calculation provides for the number of days free of duty
that would have been provided had the credit been active.) For
example, if the bid period divisor is 175, the minimum number of
days free of duty is 24. If a crew member is on annual or long
service leave, the minimum number of days will be pro-rated.
4.
Any crew member who has domestic patterns on his/her pattern
line and has less than the minimum number of days free of duty
(excluding training days) will have the option of dropping a
pattern(s) unpaid at the rate of 5:30 per day in order to achieve
the minimum number specified.
5.
To enable crew members who are eligible to drop flying
under this arrangement to avail themselves of this option, a list
of those eligible crew members will be posted on CIS as soon as
possible post TCAM. A crew member wishing to drop a pattern unpaid
must notify the Manager Aircrew Ops Support on (02) 9691-1397 as
soon as possible and no later than Thursday in Week 8. Late
application can be made by crew members who have had insufficient
time due to having been away on service.
6.
If a crew member has less than the minimum number of days
free of duty but does not have single days of duty that may be
dropped to reach the required minimum, Aircrew Operations will
explore the option of splitting a pattern through Sydney to
facilitate this arrangement.
7.
Flight Operations Management in consultation with Aircrew
Operations will retain the right of veto as to which pattern(s)
can be dropped in order to ensure all services can be crewed.
373.
LOA 165 - LEAVE OF ABSENCE WITHOUT PAY (LWOP)
TO ACCOMMODATE FIXED TERM EMPLOYMENT WITH
JETSTAR AIRLINES PTY LIMITED
LETTER OF AGREEMENT
between
and
PURSUANT TO Memorandum of Understanding (MOU) dated 3 November
2004 between Qantas Airways Limited (Qantas), Jetstar Airways Pty
Ltd (formerly Impulse Airlines Pty Ltd) ABN 33 069 702 243
(Jetstar), the Australian and International Pilots Association
(AIPA) and the Committee of the Impulse Pilot Group (as defined
in clause 2.31 of the Impulse Airlines Pilots Agreement 2001),
to be known as the Jetstar Pilots Council from 25 May 2004 (Pilot
Council),
IT IS HEREBY AGREED between Qantas and AIPA to vary the Qantas
2003-2004 (EBA6) (the Certified Agreement) to the extent
permitted by this Letter of Agreement (LOA) so that pilots who
take leave of absence without pay (LWOP) from Qantas in order to
accept an offer of fixed term employment with Jetstar pursuant
to the terms of the MOU will be subject to the following terms
and conditions while on LWOP:
1.
Application of Certified Agreement
Subject to the terms and conditions contained in this LOA, the
Certified Agreement will not apply during the term of a pilot's
LWOP.
2.
MOU does not form part of this Letter of Agreement
The parties acknowledge that the MOU is annexed to this LOA for
reference purposes and to assist in the interpretation of this
LOA, and that it does not form part of this LOA or the Certified
Agreement.
3.
Applications for LWOP and retention of seniority
For the purposes of this LOA, clause 32 (headed "Leave of Absence
Without Pay") in the Certified Agreement is replaced in its
entirety with this clause 3.
3.1
After making a written request to the Company, a crew member
may be granted LWOP.
3.2 If the Company grants the requested LWOP, the crew member's
contract of employment may be suspended in accordance with the
374.
provisions of Company manuals but the crew member will retain
his/her seniority for the period of the LWOP.
3.3
In the event of a national emergency being proclaimed by
the government of the Commonwealth of Australia, a crew member
who has been granted LWOP under this LOA and who subsequently
volunteers for or is ordered to serve in the armed forces, however,
extended, will retain his/her seniority during the period of such
service.
4.
Period of LWOP
4.1
With respect to a 'hot spot' position (as defined in clause
2, and referred to in clause 7 of the annexed MOU), the period
of LWOP will match the period of the fixed term appointment
accepted by the pilot pursuant to the MOU, subject to any
extension agreed pursuant to clause 7.7.1 of the MOU or any early
termination of the fixed term appointment under clause 6.7 of the
MOU; and
4.2 With respect to a position accessed via a 'ghost' seniority
number (as described in clause 8 of the MOU), the period of LWOP
will match the three (3) year fixed term appointment accepted by
the pilot pursuant to the MOU, subject to any early termination
of the fixed term appintment under clause 6.7 of the MOU.
5.
Approval of LWOP dependant upon fixed term employment with
Jetstar
Subject to operational requirements, a pilot's application for
LWOP will be approved by Qantas provided the pilot has accepted
an offer of fixed term employment with Jetstar.
6.
Seniority
A pilot who resumes employment with Qantas on completion of the
period of LWOP (including any earlier resumption of employment
pursuant to clause 15 of this LOA), will retain her/his position
on the Qantas Pilots' Seniority List.
7.
Leave entitlements, years of service & pay increases
Whilst on LWOP, a pilot will retain continuity of service with
Qantas for the following benefits to the extent set out in clauses
8, 9 and 10 provided s/he resumes duty with Qantas at the
conclusion of the fixed term engagement with Jetstar (subject to
any extension or early termination with respect to a 'hot spot'
position, and subject to any early termination with respect to
a position accessed via a 'ghost' seniority number).
8.
Long service leave
8.1
Any accumulated long service leave entitlements will be
retained at the time the pilot commences the LWOP and will remain
to the pilot's credit until s/he resumes duty with Qantas.
8.2
Service during a fixed term engagement with Jetstar will,
if the pilot resumes service with Qantas, be recognised by Qantas
375.
for the purpose of determining a pilot's long service leave
entitlements.
8.3
A pilot who accepts an offer of permanent employment with
Jetstar on completion of a period of LWOP, may elect (if entitled
under Qantas policy) to either be paid out her/his long service
leave entitlement accrued with Qantas as at the time the pilot
commenced the LWOP or to have her/his service with Qantas
recognised by Jetstar for the purpose of determining the pilot's
long service leave entitlement.
9.
Sick leave and annual leave
Any accumulated sick leave credits and annual leave credits will
be retained at the time the pilot commences the LWOP and will
remain to the pilot's credit until s/he resumes duty with Qantas
except that, in circumstances of long term sick leave, sick leave
credits may be transferable to Jetstar provided it is agreed
between Qantas and Jetstar.
10.
Years of service & pay increases
The pilot's years of service with Jetstar will be added to her/his
years of service with Qantas and, on return to Qantas, the total
of the pilot's years of service with Qantas and Jetstar will
determine the years of service hourly rate of pay applicable to
the category in which the pilot returns to Qantas.
11.
Superannuation
11.1 At the time of proceeding on LWOP, a pilot will elect, on
a once only basis for the period of the LWOP, one of the following
options (i.e. 11.1.1 or 11.1.2):
11.1.1
Continuation of contributions to the relevant
division of the Qantas Superannuation Plan (the Plan) in which
case:
(a)
Qantas will cease its contributions;
(b)
the pilot will continue to make member contributions to
the Plan as required under the Rules of the Plan;
(c)
the pilot's superannuation salary for the purposes of the
Plan (and for no other purpose) will be the superannuation salary
that applies under the Rules of the Plan as if the pilot had not
taken LWOP from Qantas;
(d)
Jetstar will pay an employer contribution to the Plan at
the rate that applies under the Jetstar Certified Agreement (as
defined in the MOU), based on the salary applying under the
Jetstar Certified Agreement;
(e)
if necessary, the pilot will sacrifice from gross salary
a 'top up' superannuation contribution to the Plan for any
shortfall between the Jetstar contribution under (d) above and
the employer contribution required under the Plan;
(f)
Jetstar will make all necessary arrangements with Qantas
Superannuation Limited (QSL) for the amount of any 'top up'
376.
required to be made, to be quantified by QSL and advised to the
pilot and Jetstar;
(g)
service with Jetstar during the period of LWOP will count
as continuous service for the calculation of benefits under the
Plan.
11.1.2
Cessation of member contributions during the period
of LWOP in which case:
(a)
Qantas will cease to make contributions;
(b)
the pilot will cease to make employee contributions to
the Plan;
(c)
service with Jetstar during the period will not count as
continuous service for the calculation of benefits under the
Plan;
(d)
the death benefit under the Plan during the LWOP will be
that applicable at the commencement of the LWOP. The payment under
the Plan will be not less than the member's Accumulated Credit.
11.2 If the pilot does not resume duty with Qantas on completion
of the agreed period of LWOP (or any agreed extension of the LWOP),
or if there is earlier notification of termination of employment
with Qantas, the date of withdrawal from the Plan will be deemed
to be the date of cessation of employment with Qantas.
12.
During
travel
of the
Staff Travel
a period of LWOP a pilot will be eligible to receive staff
benefits under the Jetstar Staff Travel Policy (in place
Qantas Staff Travel Policy).
13.
Loss of Licence
The Loss of Licence Insurance provisions under the Jetstar
Certified Agreement will apply unless a pilot opts to remain in
the Qantas scheme. If the pilot opts to remain in the Qantas scheme,
s/he will pay the premium (if any) as advised by Qantas from time
to time and may seek reimbursement of the amount of the premium
from Jetstar up to the level provided for in the Jetstar Certified
Agreement.
14.
Licence renewals
Qantas will not be responsible for a pilot's licence renewals
during the period of LWOP. On return to Qantas for duty at the
completion of the agreed period of LWOP, Qantas will provide the
pilot with the training necessary to re-validate his or her
qualifications.
15.
Salary deductions
Deductions from pay will cease during the period of LWOP.
16.
Posting, promotion or transfers
377.
16.1
During the period of LWOP, a pilot may bid for a vacancy
for a posting to a base, or for promotion or transfer to a higher
rated aircraft in Qantas.
16.2
The vacancy will be awarded provided:
(a)
the pilot meets Qantas' promotional criteria;
(b)
the vacancy is to become effective after the completion
of the LWOP; and
(c)
the vacancy is to become effective after the pilot has
completed any freeze period requirements (noting that service
with Jetstar will not count towards the reduction of an applicable
freeze period).
17.
Entitlement to resume duty with Qantas
At the end of a period of LWOP, or if a pilot's term of employment
with Jetstar is reduced, the pilot will be entitled to resume a
position with Qantas commensurate with her/his seniority.
18.
Creation of 'ghost' seniority numbers in Qantas for
Jetstar pilots and appointment of Jetstar pilots to Qantas
Pursuant to clause 11 of the MOU, and notwithstanding clause 13
of the Certified Agreement, from the date that the MOU comes into
effect and until it is terminated, seven (7) in each twenty (20)
new seniority numbers will be 'ghost' numbers that can be used
by eligible Jetstar pilots (as defined in clause 2.2 of the MOU)
to access First Officer or Captain positions in Qantas, and will
continue or be deleted, in accordance with the terms of the MOU.
This Letter of Agreement will operate from the date the MOU takes
effect (i.e. on and from 3 November 2004) and can only be varied,
rescinded or replaced by the mutual agreement of the parties.
DATED the
day of
2004.
SIGNED by
SIGNED by
Julian Hailes
Robin Holt
THE AUSTRALIAN AND
ASSOCIATION
378.
LOA167 - B744 Second Officer Singapore Basing
LETTER OF AGREEMENT
between
and
It is agreed between Qantas Airways Limited (the Company) and the
Australian and International Pilots Association (the Association)
that the conditions set out in this Letter of Agreement 167
(LOA167) will apply to all B744 Second Officers (SOs) and Trainee
Second Officers (TSOs) who are allocated a vacancy in the
Singapore basing. This LOA167 is to be read in conjunction with
the Qantas Airways Limited Flight Crew (Long Haul) Certified
Agreement 2005-2006 (EBA7) (the Certified Agreement). To the
extent of any inconsistency between this LOA167 and the Certified
Agreement, the conditions set out in this LOA167 will prevail.
1.
Scope of Application of this LOA167
This LOA167 applies to all B744 SOs & TSOs who either:
1.1
voluntarily bid for, and are awarded, a vacancy in the
Singapore basing; or
1.2
are assigned (initially as TSOs) to the Singapore basing,
as a consequence of vacancies remaining unfilled because of
insufficient bids referred to in clause 1.1 above. Before
commencing a vacancy in the Singapore basing, all TSOs must first
achieve the status of SO.
(Note: Only those TSOs appointed from 31 May 2005 and beyond,
whose letter of employment contains an explicit term specifying
that they may be assigned to a Singapore basing, are affected by
clause 1.2.)
2.
Term of the Singapore basing
The initial planned term of the Singapore basing will be set by
the Company and will be for a minimum of two (2) years and a maximum
of three (3) years. The planned term is to be nominated by the
Company before a flight crew member's Singapore basing commences.
Any extensions beyond the nominated initial planned term will
only occur by agreement between the flight crew member and the
Company.
3.
Establishment and Planned Commencement of Singapore basing
379.
The implementation and build up of the Singapore basing will be
undertaken on a phased-in basis and is expected to commence in
the first half of 2006. Actual phasing-in will be determined by
the available numbers of awardees/assignees.
4. Relocation Payment
Each flight crew member allocated to the Singapore basing will
be paid a relocation payment of AUD$15,000 at the commencement
of the Singapore basing.
5.
Rostering & Scheduling Variations
5.1
Essential concepts
The parties acknowledge that the following essential concepts
underpin the Singapore basing:
•
•
•
5.2
5.2.1
Lines of flying for SOs that, as far as possible, contain
equitable flying (similar hours of flying and days off);
No blank lines;
No open time.
Pattern Line Construction
Preferential bidding
The preferential bidding system will apply for the allocation of
patterns constructed for the Singapore basing. All scheduling
matters for review will be referred to a Scheduling Committee.
5.2.2
Training
All training activities will initially be pre-allocated. Both
parties will work towards allowing pre-bidding for training
activities, if feasible. All recurrent training will take place
on two visits to Sydney per year unless the Company chooses
another location.
5.3
Planning Divisor
The planning divisor for SOs in the Singapore basing will be 180
hours.
5.4
Bid Period Divisor
The bid period divisor will be any whole number between 160 and
180.
5.5
Blank Lines
380.
The Singapore basing will not be required to comply with Clauses
27.7.2, 27.7.3 and 27.7.4 of the Certified Agreement in that there
is no requirement for Blank or Reserve Line Holder coverage in
Singapore.
Sydney based blank line holders (BLHs) can be utilised to provide
support to ensure that the integrity of the Singapore scheduling
can be maintained. Reserve duties in Singapore will be built into
pattern lines.
5.6
Annual leave available on 'the 8 month cycle'
Annual leave will be administered according to the conditions set
out in Clause 28 of the Certified Agreement, except that clause
28.6 will not apply and annual leave will be available on a 4 weeks
per 8 months cycle (see clause 28.7).
5.7
Awarding vacancies during the Singapore basing
5.7.1 During the initial planned term of a flight crew member's
Singapore basing, he/she may bid for a vacancy in another base,
or for promotion or transfer to a higher rated aircraft (the new
vacancy).
5.7.2
Subject to meeting the Company's promotional criteria,
a flight crew member will be eligible to be awarded the new vacancy
if a minimum of two (2) years of his/her Singapore basing would
be completed before the effective date of the new vacancy. (Note:
this sub-clause varies the minimum time that must be spent in the
Singapore basing as per Clauses 13.6.5 and 15.6.2 (b) of the
Certified Agreement).
5.7.3
In circumstances where the effective date of the new
vacancy would commence before a flight crew member has completed
a minimum of two (2) years of his/her Singapore basing, the flight
crew member will still be eligible to be awarded the new vacancy
if, within the relevant training block:
(a)
the Company is able to defer the new vacancy by training
flight crew members out of seniority order; or
(b)
the Company is able to defer the new vacancy by sliding
the date for training for the new vacancy to commence (and in
relation to sliding the date, the Company and the Association can
agree to defer the training course for the new vacancy into the
next training block); or
(c)
the flight crew member concerned agrees with another
flight crew member to swap training dates,
381.
so that the flight crew member concerned is able to complete a
minimum of two (2) years of his/her Singapore basing. Clause
13.5.2 (a) of the Certified Agreement will not apply where options
under this sub-clause are utilised.
6.
Relocation assistance
6.1
Relocation travel
The Company will provide duty travel for the flight crew member
and his/her nominated travel companion and eligible dependants
(under 26 years of age) at the beginning and at the end of the
Singapore basing in accordance with the Company's staff travel
policy and the Certified Agreement.
6.2
Freight for personal effects
The Company will provide FOC freight for the flight crew member,
his/her nominated travel companion and eligible dependants
(under 26 years of age) for personal effects in accordance with
Company policy (currently five (5) cubic metres for the employee
and one and one half (VA) cubic metres for the nominated travel
companion and each eligible dependant).
This entitlement will apply to both the initial location to the
Singapore basing (Australia/Singapore) and relocation at the end
of the Singapore basing (Singapore/Australia) from/to any
Australian port on the Qantas mainline network.
7.
FOC trip
The Company will provide FOC return tickets between Singapore and
any Australian port on the Qantas network for a flight crew member,
his/her nominated travel companion and eligible dependants
(under 26 years of age) on one occasion during his/her Singapore
basing.
8.
Staff travel qualifying period waived for SOs
Qualifying periods for staff travel will be waived for SOs
allocated to the Singapore basing.
9.
Financial considerations
All payments due under the Certified Agreement will be paid in
Australian Dollars into a Singapore bank account as nominated by
the flight crew member.
10.
Personal Accident and Injury ("PAI") Insurance Scheme
Flight crew members will be covered under the PAI scheme for the
duration of their Singapore basing.
382.
11.
Period of operation of this LOA167
This LOA167 will operate from the date of certification of the
Certified Agreement and may only be varied, rescinded or replaced
by agreement between the Company and the Association.
DATED the
day of
2005
SIGNED by
SIGNED by
Julian Hailes
Captain Robin Holt
THE AUSTRALIAN AND
ASSOCIATION
383.
LOA169 - CHOICE OF SUPERANNUATION FUND
LETTER OF AGREEMENT
BETWEEN
AND
In the interests of removing any ambiguity or uncertainty about
the operation of the Superannuation Legislation Amendment
(Choice of Superannuation Funds) Act 2004 amendments to the
Superannuation Guarantee (Administration) Act 1992 (the Act)
with respect to crew members whose employment is governed by the
Agreement 2003-2004 (EBA6) (the Certified Agreement), Qantas
Airways Limited (the Company) and the Australian and
International Pilots Association (the Association)
(collectively referred to as the parties) agree to the following
interpretation and provisions.
1.
Entitlement to choose a superannuation fund
Crew members are entitled to choose a superannuation fund in
compliance with the Act.
2.
References to superannuation fund
If a superannuation fund is chosen in compliance with the Act,
all references to a crew member's superannuation "plan" or "fund",
or to the Qantas Airways Limited Staff Superannuation Plan (the
Qantas Superannuation Plan), will be construed to include a
reference to the superannuation fund so chosen, as the context
permits or requires.
3.
Default fund
Unless a crew member selects a chosen fund as contemplated by the
Act, the Company will remit all superannuation contributions
payable by the Company to the crew member's designated division
of the Qantas Superannuation Plan or to a successor fund.
4.
Operation of Letter of Agreement
This Letter of Agreement will operate from 1 July 2005 or the date
of execution (whichever is earlier) and can only be amended,
suspended or cancelled by agreement of the parties.
Dated this
day of
2005.
384.
SIGNED by
SIGNED by
Julian Hailes
Captain Robin Holt
THE AUSTRALIAN AND
ASSOCIATION
385.
PART 13 - APPENDICES 1-6 (EBAs 1 to 6 inclusive)
Appendix 1: EBA1
QANTAS TECHNICAL AIRCREW
ENTERPRISE BARGAINING AGREEMENT 1992
1.
PARTIES BOUND
This Agreement is made between Qantas Airways Limited ("the
Company"), and the Australian International Pilots Association
(AIPA) and the Australian International Flight Engineers'
Association (AIFEA).
2.
DATE AND PERIOD OF OPERATION
This Agreement shall operate from the beginning of the first pay
period to commence on or after 30 September, 1992 and shall remain
in force until 30th November, 1994.
3.
SINGLE BARGAINING UNIT
For the purpose of negotiating an enterprise agreement in
accordance with the October, 1991 National Wage Case Decision
(Print K0300), a single bargaining unit, consisting of the AIPA
and the AIFEA, has been established to represent all technical
aircrew employed by Qantas Airways Limited.
This single bargaining unit is the only unit to represent Qantas
Technical Aircrew, to negotiate matters directly affecting
Qantas Technical Aircrew in respect of this Agreement.
4.
COMMITMENT
The Company and Technical Aircrew have worked together for many
years in the continuing process of productivity improvement to
achieve the most efficient operations. This document is the next
step in how the parties see the way forward in that process.
The Company sought the ongoing commitment of the AIPA and the
AIFEA in working closely with the Company to address improved
efficiency through eliminating excess staff in accordance with
the variations to the flying plan and the joint Qantas/Coopers
and Lybrand study and the consequential changes to the Branch
organisational structure. This improved efficiency has been
achieved through:•
•
•
The agreement reached with the AIFEA to reduce flight
engineer numbers as a result of technological change brought
by the Company's economic position.
The active participation of the AIPA is achieving the
transfer of pilots to other carries on fixed contracts or
on leave of absence to overcome excess pilot numbers.
Both unions actively participating in achieving the change
to the management structure in Flight Operations.
386.
The changes effected so far represent the initial phase in
positioning Qantas for its continued survival. As an essential
part of the next phase, the parties commit themselves to work
toward Qantas' ongoing viability and profitability by focusing
attention on continuous efficiency improvement through:•
•
•
5.
improving productivity on an ongoing basis;
achieving a cultural change which will be driven by
management reflecting the revamped organisation;
improving the Company's cost efficiency and reducing its
cost structures.
PROCESS TO TRANSLATE THIS COMMITMENT
To translate this commitment to achieve both improved
productivity and cost efficiency into outcomes will involve the
following being undertaken and implemented:•
•
•
•
•
•
•
•
•
•
•
•
jointly examining and introducing, where practicable, more
flexible and efficient working arrangements;
establishment of a joint committees to work on achieving
continuous improvement to productivity, efficiency and
customer service. The joint committee will also develop
aircrew performance indicators and productivity targets;
resumption of negotiations between AIPA, AIFEA and the
Company to combine the two technical aircrew awards;
the integration of all Qantas Technical Aircrew into the
AIPA;
agreement to increase the planning divisor by five hours
from 165 to 170 as a method for reducing the Company's
recruitment and training costs;
agreement on the employment of fixed term flight engineers;
agreement to increase the Company's ability to recover
pattern protection by allowing the Company two assignments
to recover pattern protection for patterns in excess of
twenty-five (25) hours;
agreement on a freeze of letters of preference for twelve
month periods;
agreement on AA examiners to operate as First Officers for
line experience purposes;
agreement on the reduction from two days to one day on the
Bangkok slip southbound from London, Frankfurt and Rome;
jointly review the class of travel on other carriers and make
appropriate recommendation;
jointly review and make appropriate recommendations on slip
pattern arrangements on specific routes. In this process,
the parties remain committed to the underlying principles
enunciated in the provisions of sub-sections 18B and 18L of
the Agreement.
387.
6.
MEASURES TO ACHIEVE GAINS IN PRODUCTIVITY. EFFICIENCY
AND FLEXIBLITY
In accordance with the Enterprise Bargaining Principle and
consistent with the terms of the October, 1991 National Wage Case
Decision (Print K0300), the measures set out above in 5. Process
which are designed to achieve real sustainable and demonstrate
gains in productivity, efficiency, cost effectiveness and
flexibility, will be implemented as soon as possible during the
life of this Agreement.
During the life of this Agreement, the parties will continue to
jointly examine productivity and efficiency issues as they arise,
make recommendation and implement them.
For its part, the Company acknowledges that there shall be no
negative cost off-setting, or overall reduction in award and non
award conditions, other than by agreement, as a result of the
productivity/efficiency/flexibility negotiations. It is agreed
the focus will be on addressing Qantas-specific arrangements, not
national standards.
Agreement on performance indicators for the Flight Operations
Branch should be concluded by 30th October, 1992. Outcomes and
implementation schedules will be monitored by the previously
identified joint committee established by the parties.
7.
PAY ADJUSTMENTS
(a)
Effective from the time of ratification by the Australian
Industrial Relations Commission, a
productivity/efficiency/flexibility adjustment of 5% in pay and
pay-related allowances will apply in recognition of:•
•
•
•
•
improved efficiencies gained through pilot reductions
achieved by leave of absence arrangements which allowed
pilots to fly for other airlines, to align pilot strength
with the Company's operational requirements;
the early reduction of flight engineer officers due to
technological change brought forward by the Company's
financial position;
the work changes and efficiencies negotiated between the
parties following the restructuring of the Company
(including the elimination of a layer of supervisory
management) based upon the joint Management/Coopers and
Lybrand review;
the gains in terms of operational and cost efficiencies
which will result from the implementation of this Agreement;
the joint commitment to the disputes prevention and
settlement procedure, for the life of this Agreement to
388.
operate for all matters, to ensure that the maintenance and
continuity of operations is achieved.
(b)
This Agreement directly contributes to the overall
productivity/efficienct of Qantas and its workforce by:•
•
•
•
•
•
Enabling management to take appropriate decisions in the
knowledge of pre-determined stable costs which will allow
the Company to explore future contracts to enhance technical
aircrew productivity and efficiency and to afford the
Company greater opportunity to pursue profit making
ventures.
Allowing the Company to bid for contractual work on the basis
of known wage outcomes that will enable the most competitive
tendering and will permit the Company to enter into
fixed-price contracts and a more efficient utilisation of
the Company's manpower resources.
Allowing the Company to take into account its future
manpower costs in formulating the Company's Business Plan
which dictates the budget/profit plan. Such certainty of
wage outcome will enable the Company to determine revenue
targets against expenditure levels and to plan accordingly.
Enabling the Company to get the desired productivity levels
against the manpower costs which are required to increase
the Company's competitiveness vis-a-vis other
international airlines.
Enabling pricing policy, which necessarily has regard to
expenditure levels, including manpower costs, to be set with
greater surety and focus to achieve the desired competitive
positioning of the airline. This, in turn, has an immediate
impact on route profitability and can assist the Company in
developing the most cost efficient schedules which further
optimise the Company's overall productivity levels.
In recognition of this resultant in
productivity/efficiency:o an adjustment of 2.5% shall be paid with effect from
1st December, 1992;
o an adjustment of 2.5% shall be paid with effect from
1st July, 1993.
These adjustments will be capable of variation only in
significantly changed circumstances, unknown to the parties at
the time of negotiations.
(c)
No wage increase awarded by a National Wage Bench during
the life of this Agreement will be paid.
(d)
In addition to the payment prescribed under (a) and (b)
above, two further adjustments will be available no earlier than
1st October, 1992 and 1st October, 1993, where there has been real,
389.
measurable and sustainable gains in productivity/efficiency and
the measures set out in this document have been implemented or
substantial progress towards full implementation has been
achieved.
In determining the real, measurable and sustainable gains in
productivity/efficiency, the joint committee previously
identified will rely upon both Company-wide measures as well as
relevant branch indicators, which will be developed by joint
management/union/branch working parties.
For the adjustment available from October, 1992, the joint
committee will have regard only to the Company-wide and Branch
level indicators will be assessed.
The five Company-wide performance indicators which the joint
committee will have regard to are:1.
Available Tonne Kilometre (ATK) per employee;
2.
Manpower Cost per ATK;
3.
Manpower Cost per Revenue Tonne Kilometre (RTK);
4.
Percentage productive man hours per standard man hour;
5.
Adherence to Dispute Avoidance and Settlement Procedures;
The joint committee will monitor the indicators on a monthly basis
and will evaluate the increase in productivity/efficiency
against these indicators, allowing for any necessary corrections
to be made to factor out any statistical aberrations.
The two productivity adjustments may provide for differential
outcomes between groups of employees, depending upon the quantum
of the productivity/efficiency improvements delivered and
adherence to the Dispute Settlement Procedures set out at 10.
Where exceptional and clearly differential
productivity/efficiency changes are implemented, the Company
will discuss an appropriate additional outcome at the time having
regard to the value to the Company of such exceptional changes,
consistent with the Enterprise Bargaining Principles of the 30th
October, 1991 National Wage Case Decision.
8. NO EXTRA CLAIMS
It is a term of this Agreement that no extra claims shall be made
for the duration of the Agreement except where consistent with
the National Wage Case Principles.
The Association's claims which are currently being processed are
to be handled in the normal manner.
390.
This undertaking shall not prevent the parties to either award
from entering into a Letter of Agreement pursuant to Section 3C
of either Award during the currency of the Agreement.
9. SUPERANNUATION
It shall not be considered a breach of this Agreement should AIPA
and/or AIFEA raise matters related to the Qantas Airways Limited
Staff Superannuation Plan resulting from Government initiatives
and/or guidelines within the duration of this Agreement.
10. DISPUTE PREVENTION AND SETTLEMENT PROCEDURES
The parties to this Agreement shall confer from time to time to
ensure that the provisions of the Agreement are being applied in
accordance with the terms of the Agreement.
Should a dispute arise between the parties to this Agreement as
to the application of the Agreement, the parties shall make every
attempt to settle the dispute by the normal processes of negation.
Should the parties to this Agreement be unable to settle the
dispute, either party may seek the assistance of the Australian
Industrial Relations Commission.
11.
NEW AGREEMENT
The term of this Agreement is 26 months from the date of
ratification by the Australian Industrial Relations Commission.
The parties will commence negotiations on a new Agreement at least
three months prior to the expiration of this Agreement.
EXECUTED as an Industrial Agreement
ORIGINAL SIGNED BY D. BRYANT (25.09.92)
in the presence of:
RICHARD JENNINGS
ORIGINAL SIGNED BY P. G. CANT (25.09.92)
Australian International Pilots' Association
in the presence of:
D.GRAY
ORIGINAL SIGNED BY K. J. BLUNDEN
Australian International Flight Engineers' Association
in the presence of:
D.GRAY
391.
Appendix 2: EBA2
Q0071 CAS B Doc M2728
AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
Industrial Relations Act 1998
S.170MA certification of agreement
Australian International Pilots' Association and another
and
(C Nos. 21240 and 21348 of 1995)
QANTAS TECHNICAL AIRCREW ENTERPRISE AGREEMENT 1995
Airline pilots and engineers
Airline operations
COMMISSIONER PALMER
MELBOURNE, 14 JUNE 1995
Certification of agreement
CERTIFICATION
OF AGREEMENT
In accordance with section 170MC of the Industrial Relations Act
1988, the Commission hereby certifies the attached memorandum of
terms agreed on between the Australian International Pilots'
Association, the Australian International Flight Engineers
Association and Qantas Airways Limited in this matter.
The agreement shall come into force from 25 May 1995 and shall
remain in effect until 24 November 1996.
BY THE COMMISION:
COMMISSIONER
Qantas Technical Aircrew Enterprise Agreement, 1995
1.
Title
This Agreement shall be known as the Qantas Technical Aircrew
Enterprise Agreement, 1995
2.
Parties Bound
This Agreement is binding upon Qantas Airways Limited, the
Australian International Pilots' Association and the Australian
International Flight Engineers' Association.
392.
3.
Operation and Duration of Agreement
This Agreement shall become effective on and from the date of its
ratification by the Australian Industrial Relations Commission
and shall operate for a period of eighteen [18] months from that
date.
It shall be read wholly in conjunction with the International
Airline Pilots' Agreement, 1986, the International Airline
Pilots' Agreement, 1989, the International Airline Flight
Engineer Officers' Agreement, 1987 and the Qantas Technical
Aircrew Enterprise Bargaining Agreement, 1992. To the extent of
any inconsistency with any provision in these documents, this
Agreement shall prevail.
It is a term of this Agreement that the parties will commence
negotiations for a succeeding agreement at least three months
prior to the expiration of this Agreement.
3.
Agreement Context
The first Enterprise Agreement between Qantas Airways Limited,
the Australian International Pilots' Association and the
Australian International Flight Engineers' Association was
certified by the Australian Industrial Relations Commission on
16th October, 1992. The Agreement was consistent with the
continuing implementation at enterprise level of the structural
efficiency principle and was based upon the actual implementation
of efficiency measures designed to effect real gains in
productivity. The savings generated by that agreement were costed
at $7.2 million.
In September 1992 a merger between Qantas and Australian Airlines
occurred. This has required considerable joint effort by the
Company and its technical aircrew employees to ensure a minimum
of dislocation to service and efficiency during this complex and
protracted process.
There remains a number of substantial challenges ahead for Qantas
Airways Limited and its subsidiaries, not the least of which is
the planned float of the company in 1995.
This Agreement is made in the context of a process of continuing
change and improvement within Qantas, which cannot be effective
without the support and involvement of technical aircrew
employees.
4.
Preamble
In making this Agreement the parties recognise that:
i) Employment security and rewards are related to business
success which involves certain shared responsibilities between
management and employees.
393.
ii) Genuine commitment by each party to continuous improvement
in the workplace must be maintained for the mutual good of
employees and shareholders.
5.
Pay and Allowances
i) Two adjustments to Pay and Pay-related allowances shall be made
during the life of this Agreement from the dates specified
hereunder as follows:
From the beginning of the first pay period commencing on or after:
1st March, 1995
3% Increase Appendix
A
contains
the
pay
rates
operative from this date.
1st December, 1995
3% Increase Appendix
B
contains
the
pay
rates
operative from this date.
ii) This Agreement is underpinned by the commitment of the parties
to the continuous improvement process to be pursued in accordance
with the principles stated in the Preamble as a means of
co-operatively improving the Company's productivity and
efficiency.
iii) In accordance with Section 170ML of the Australian
Industrial Relations Act, 1988 as amended, where an agreement
between the Company and the Associations takes place achieving
significant demonstrated cost saving through the implementation
of efficient work practices, a further wage adjustment will be
applied.
iv) Prior to implementation of any change in accordance with [iii],
mutually agreed objective criteria to be monitored by the parties,
and the associated wage adjustment shall be agreed.
7.
Family Care
Technical aircrew employees shall have entitlements that are
consistent with the relevant Test Case Decisions of the
Australian Industrial Relations Commission. Such entitlements
shall be made specific and agreed by the parties.
8.
Training and Career Development
The parties agree to jointly review access to training with the
intention of improving such access.
9.
Employee Share Ownership Plan
The Company is committed to the introduction of a cost effective,
employee supported and substantively beneficial employee share
ownership plan as part of the initial share offering.
394.
The parties agree that such a plan is designed to support a
successful public share float of Qantas Airways Ltd and improve
profit performance of the company after the float.
It is agreed to grant at the privatisation $500.00 worth of free
shares to each employee.
Further, subject to the company reaching a performance target
based on an acceptable return on shareholders funds, a further
$500.00 of free shares would be issued after 1 April, 1996.
In addition up to 5% of the share issue will be made available
to employees in a priority offer to all staff at market price.
The manner in which the employee share ownership plan shall
operate is explained at Appendix C.
10.
Settlement of Disputes
Subject to the Industrial Relations Act, 1988, as amended, any
dispute arising from this Agreement shall be determined in
accordance in accordance with the Section 28 grievance procedures
in the existing technical aircrew agreements.
11.
No Extra Claims
It is a term of this Agreement that the parties to it will not
pursue any extra claims except where consistent with the National
Wage Case principles of August 1994 (Print L4700) or this
Agreement. Safety net increases awarded by the Australian
Industrial Relations Commission, during the term of this
Agreement, will not have application.
EXECUTED as an Industrial Agreement
SIGNED
for an
Qantas
in the
by
on behalf of
Airways Limited
presence of:
SIGNED by
for an on behalf of the
Australian International Pilots'
Association in the presence of:
SIGNED by
Australian International Flight
Engineers' Association in the
presence of:
395.
APPENDIX C
Qantas Technical Aircrew Enterprise Agreement. 1995
CONDITIONS UNDER THE PROPOSED FBT LEGISLATION ASSOCIATED
WITH THE HOLDING OF SHARES
•
Shares are to be held for five (5) years.
•
Shares will be held by a Trustee.
•
All permanent employees (resident in Australia) are to be
covered by the Scheme.
•
The Trust may have rules about the return of the shares
during the restriction period for staff who separate from
the Company.
Tax Effect if Legislation is Not Passed
•
Value of shares is taxable in the hands of the employee.
•
This liability only arises at the time the restrictions on
disposition of the shares expires e.g. after five (5) years
the restriction period may be less than five (5)years if the
FBT legislation is not passed.
APPENDIX A
B747-400
Years of service as a Pilot
Total
Hourly
$ per cr.
hr.
Captain
12
155.0 3
3
11
9
10
2
9
9
8
2
7
153.9
153.0
151.8
150.9
149.8
396.
1
6
2
5
4
4
1
3
8
2
9
1
1
148.6
147.5
146.4
145.1
143.9
142.9
First Officer
12
0
11
6
10
102.3
101.1
100.2
1
9
99.1
0
8
98.1
4
7
96.0
3
6
93.9
9
5
91.7
5
4
88.2
4
3
86.1
0
2
82.7
7
1
79.4
5
Second Officer
12
397.
79.6
1
11
78.5
8
10
77.5
4
9
76.4
5
8
75.4
9
7
71.9
8
6
70.2
4
5
68.3
5
4
65.0
3
3
63.1
8
2
-
2nd
6
months
60.0
1
2
-
1st
6
months
50.0
4
1
46.7
7
B747-200/300
Total
Hourly
$ per cr.
hr.
Captain
12
147.6
4
11
146.6
398.
5
10
145.7
2
9
144.6
6
8
143.7
5
7
142.6
6
6
141.5
4
5
140.5
0
4
139.4
4
3
138.2
7
2
137.1
3
1
0
136.1
First Officer
12
97.4
2
11
96.3
5
10
95.4
3
9
94.3
8
8
93.4
7
7
91.4
5
6
89.5
399.
2
5
87.4
0
4
84.0
4
3
81.9
5
2
78.8
1
1
5
75.6
Second Officer
12
75.8
3
11
74.8
3
10
73.8
6
9
72.8
0
8
71.8
7
68.5
4
6
66.8
9
5
65.1
1
4
61.9
2
3
60.1
5
2
-
7
2
-
2nd
1st
6
months
57.1
6
months
50.0
4
400.
1
46.7
7
B767
Total
Hourly
$ per cr.
hr.
Captain
12
136.4
3
11
135.4
9
10
134.6
6
9
133.7
1
8
132.8
5
7
131.8
4
6
130.8
0
5
129.8
5
3
127.7
6
2
126.7
2
1
125.7
8
First Officer
12
90.0
3
11
89.0
401.
5
10
88.2
1
9
87.2
4
8
86.4
0
7
84.5
3
6
82.7
6
5
80.8
1
4
77.7
2
3
75.8
3
2
72.8
6
1
69.9
Second Officer
12
70.1
1
11
69.1
6
10
68.3
0
9
67.3
4
8
66.5
1
7
63.4
2
6
61.8
402.
8
5
60.2
2
4
57.2
8
3
55.6
4
2
-
0
2
-
2nd
6
52.9
months
1st
6
50.0
months
4
1
7
46.7
B747
Total
Hourly
$ per cr.
hr.
Flight Engineer
12
93.6
5
11
92.7
1
10
91.7
9
9
90.8
3
8
89.8
8
7
87.9
3
6
86.0
5
5
84.0
3
4
80.8
403.
0
3
78.9
0
2
75.8
3
1
72.7
6
APPENDIX B
B747-400
Total
Hourly
$ per cr.
hr.
Captain
12
159.6
8
11
158.6
1
10
157.6
1
9
156.4
5
8
155.4
5
7
154.3
0
6
153.0
8
5
151.9
7
4
150.8
0
3
149.5
4
2
148.3
404.
1
1
147.2
0
First Officer
12
105.3
7
11
104.1
9
10
103.2
2
9
102.0
7
8
101.0
8
7
98.9
1
6
96.8
1
5
94.5
0
4
90.8
9
3
88.6
8
2
85.2
5
1
81.8
Second Officer
12
82.0
0
11
80.9
4
10
79.8
7
9
405.
78.7
4
8
77.7
5
7
74.1
4
6
72.3
5
5
70.4
0
4
66.9
8
3
65.0
8
2
-
2nd
6
months
61.8
1
2
-
1st
6
months
51.5
4
2
8
48.1
B747-200/300
Total
Hourly
$ per cr.
hr.
Captain
12
152.0
7
11
151.0
5
10
150.1
0
9
149.0
0
8
148.0
6
7
406.
146.9
3
6
145.7
9
5
144.7
2
4
143.6
2
3
142.4
2
2
141.2
5
1
140.1
9
First Officer
12
100.3
4
11
99.2
4
10
98.2
9
9
97.2
1
8
96.2
8
7
94.2
0
6
92.2
0
5
90.0
2
4
86.5
6
3
84.4
1
407.
2
81.1
7
1
77.9
2
Second Officer
12
78.1
0
11
77.0
7
10
76.0
8
9
74.9
8
8
74.0
5
7
70.5
9
6
68.8
9
5
67.0
6
4
63.7
8
3
61.9
6
2
-
2nd
6
months
58.8
8
2
-
1st
6
months
51.5
4
1
48.1
8
B767
Total
Hourly
$ per cr.
408.
hr.
Captain
12
140.5
3
11
139.5
5
10
138.7
0
9
137.7
3
8
136.8
3
7
135.8
0
6
134.7
2
5
133.7
4
4
132.7
2
3
131.5
9
2
130.5
2
1
129.5
6
First Officer
12
92.7
3
11
91.7
3
10
90.8
6
9
89.8
6
409.
8
88.9
9
7
87.0
7
6
85.2
4
5
83.2
4
4
80.0
6
3
78.1
0
2
75.0
5
1
72.0
9
Second Officer
12
72.2
2
11
71.2
4
10
70.3
5
9
69.3
6
8
68.5
0
7
65.3
2
6
63.7
4
5
62.0
3
4
59.0
410.
0
3
57.3
1
2
-
2nd
6
months
54.4
9
2
-
1st
6
months
51.5
4
1
48.1
8
B747
Hourly
Total
$ per cr.
hr.
Flight Engineer
12
96.4
6
11
95.4
9
10
94.5
4
9
93.5
5
8
92.5
7
7
90.5
7
6
88.6
3
5
86.5
5
4
83.2
2
3
81.2
6
2
411.
78.1
0
1
74.9
4
412.
Appendix 3:
EBA3
QANTAS TECHNICAL AIRCREW
(LONGHAUL)
ENTERPRISE BARGAINING AGREEMENT 1996
1.
TITLE
This agreement shall be known as the Qantas Airways Limited
Technical Aircrew (Long Haul) Enterprise Agreement, 1996.
2.
DURATION
This agreement will operate from 25 November 1996 to 24 November
1998.
The parties agree that negotiations to review this agreement
shall commence no later than the 24th August 1998.
3.
PARTIES BOUND
(a)
This agreement is binding on Qantas Airways Limited, (the
Company) and the Australian and International Pilots Association,
(the Association) its members and persons entitled to become
members.
(b)
This agreement shall be read wholly in conjunction with
the Employment Contract and related agreements.
To the extent of any inconsistency between this agreement and the
award or agreements listed above, this agreement will prevail.
4.
(a)
COMMITMENTS
Industrial relationship
(i) The Company shall continue to recognise the established role
of AIPA in collective representation of Qantas Technical Aircrew
employees.
5.
DISPUTE SETTLEMENT PROCEDURE
The parties agree that any dispute or grievance arising out of
any matter contained in this agreement shall be processed in
accordance with the dispute settlement procedure or the grievance
procedure as appropriate in the 1996 award.
413.
6.
PAY INCREASES
Subject to this agreement four pay adjustments will apply during
the life of this agreement as follows:
Operative from the first pay period on or after:
25
25
25
25
November
August
February
August
1996
1997
1998
1998
2%
2%
2%
2%
7.
NO EXTRA CLAIMS
It is a term of this agreement that the parties will not pursue
any extra claims except where consistent with national wage case
principles. Safety net increases awarded by the Industrial
Relations Commission during the term of this agreement will not
have application.
8.
CONSULTATION
The parties agree to the establishment of a consultative
committee which will meet at regular agreed intervals. The
purpose of such consultation is to receive updates on issues
relevant to Flight Operations and Technical Aircrew and to give
AIPA the time and the opportunity to consider and respond to
issues which affect their members prior to implementation.
9.
FLEXIBILITIES
The flexibilities detailed at Appendix 1 have been agreed between
the parties as part of this enterprise agreement.
Flexibility
Page
1.
5
Flight Time Limitations
2.
6
Increase B744 Divisor up to 175 hours per Bid Period
3.
7
Reduction of current "time-off following a Single Day Duty
4.
8
Increased time limit for Classroom Training
5.
9
Divisor
6.
Amendments to LOA 73 and 15 (e) (ii) (4)
10
Section 18 Voluntary Extension Provision
7.
Crew contactability whilst on duty
414.
19
8.
21
Midnight Cut off
9.
22
Reduction of certain slip times
10.
Re-employment subsequent to medical termination
23
and loss of licence issues.
11.
24
Open time and phone in procedures
12.
25
Flexible work arrangements
13.
26
Allocation of open time
14.
27
Service Ribbons
15.
28
Reduction of sign on time
16.
29
Extended sick leave
17.
30
Fleet Pay
18.
31
19.
32
1.
Senior Check Captains and Flight Engineers
Training
FLIGHT TIME LIMITATIONS
Amend Section 27(b)(i) to read:
Minimum off duty periods en route
(i) In the grouping of flights into patterns, a crew member shall
where applicable be scheduled for intervening off duty periods
while en route. The duration of these periods shall take into
account such factors as the duration and time of day of the duties
preceding the off duty period, the duration and time of day of
the duty following the off duty period, the local time of day of
the proposed off duty period, the degree of longitudinal time
shift to which the crew member has been subjected during the
415.
preceding duties, the suitability and distance of the proposed
accommodation from the airport, the availability of earlier or
later services which could be utilised to shorten or lengthen the
off duty period and any other relevant factors.
(ii)
(a)
For regular scheduled flights the minimum scheduled
off-duty period en route after each flight duty period shall be
the sum of the scheduled flight time plus any flight time
scheduled between 2000 LST AND 0800 LST calculated from the
initial point of departure of such flight duty period or an
off-duty period of twenty (20) hours whichever is the lesser
unless some other reduced figure is otherwise mutually agreed
between the Company and the Association.
(b)
Unless the Association specifically requires the
limitations of (ii) (a), where a tour of duty is to be followed
by deadheading 12 hours may be the minimum time off before
deadheading, provided that the deadheading is limited to 12 hours
and the prescription in (a) is scheduled after the deadheading.
(iii) For irregular charter or special flights the minimum
scheduled off duty period en route shall be not less than twelve
hours.
(iv) In any event the off duty period en route shall not be
scheduled to be less than twelve hours unless otherwise permitted
by the Aviation Regulatory Authority.
In the event of disruptions occurring after commencement of duty
the minimum off duty period en route shall not be less than twelve
hours unless otherwise permitted by the Aviation Regulatory
Authority.
mercy flight) the minimum off duty periods set out herein may be
reduced at the crew member's discretion to the minimum allowed
by the Aviation Regulatory Authority.
2.
INCREASE B744 DIVISOR UP TO 175 HOURS PER BID PERIOD
The parties agree to allow the planning divisor on the B744 to
be increased to 175 hours per bid period. The maximum divisor for
reference for line building in a bid period will remain at 175.
The increase in divisor for this fleet unit will provide greater
flexibility in the Pattern Building Process and hence provide a
slight reduction in Pilot numbers required on the B744. This
reduction will provide savings in pilot "overheads" (or "fixed"
costs). That is things such as; company superannuation
contributions, base salary, workers compensation provisions,
416.
long service leave accruals, uniforms, recurrent training,
promotional training, annual leave etc.
3.
DUTY
REDUCTION OF CURRENT "TIME-OFF" FOLLOWING A SINGLE DAY
The parties agree that provided a system can be devised to limit
this provision to willing participants during the bidding process
the minimum time off after a single days duty will be 12 hours.
This will be for line building purposes only. A particular benefit
of this change will be provision of "fuller" lines for the junior
B767 Pilots who participate. It may increase flexibility and may
reduce some of the current day to day problems in crew scheduling.
4.
INCREASED TIME LIMIT FOR CLASSROOM TRAINING
The parties agree to increase the current time limit for classroom
training from 6 hours to 8 hours with prescribed limitations.
The parties agree this change to 8 hours is on the basis the
classroom training is not all chalk and talk and there will be
no exams or intensive instructions after 6 hours. On a 2 day course
the maximum training time will be 12 hours.
The limitations are:
1.
If the course is a one day course the limit will be
6 hours which may be extended to 8 hours provided the day is
limited to 8 hours face to face training plus morning and
afternoon tea breaks of 15 minutes and a 1 hour lunch break is
paid with a total duty time of 9 54 hours from sign on to sign
off programmed. Any classroom time over 6 hours to be paid at hour
for hour pro rated for the time less than one hour.
2.
If the course is a two day course, the limit on any
one day will be 8 hours without any additional payment provided
that the total over the two days does not exceed 12 hours. This
is to be the planned maximum. Any classroom time over 12 hours
to be paid at hour for hour pro-rated for the time less than one
hour.
3.
The Company and AIPA agree to review claims for payment
for courses which on an unplanned basis exceed 8 hours in a one
day course or 12 hours in a 2 day course.
5.
DIVISOR
A major issue exists between the Company and the Association about
the use of the divisor. The Company has agreed that a major offset
in this Enterprise Agreement has been the Company's ability
whilst planning for manpower purposes at a divisor of 170 to
operate up to 175 each bid period.
417.
The Company further acknowledges that this has been taking place
in some categories since the last EBA and whilst this may not have
been AIPA's understanding of the intent when agreeing previously
to an increase in the planning divisor it is nonetheless not
precluded by the agreement.
6.
AND
AMENDMENTS
TO
LOA
73,
15
(e)
LETTER
OF UNDERSTANDING RE. S18A (I) (k)
(Hi)
(d)
SECTION 18 VOLUNTARY EXTENSION PROVISION
The parties have agreed to amendments as described above and they
are set out in the new LOA73A, the revised 15(e) (iii) (d) and
letter of understanding re. S18A (I) (k). These are attached
hereover.
It is also agreed that Section 18 Voluntary Extensions Provisions
will be increased to allow voluntary extension to the CAO
provisions as detailed in
A. Daily Flight and Duty Limitations.
LETTER OF AGREEMENT 73(A)
between
and
It is agreed between Qantas Airways Limited (the company) and the
Australian and International Pilots Association (the association)
that, notwithstanding the provisions of subparagraph 27(a)(i)(8)
of the Employment Contract, as varied, the following shall apply:
1.
A pilot in a B767 crew consisting of not more than two
pilots may be scheduled in excess of eight hours and up to eight
and one half hours flight deck duty on sectors as may be agreed
from time to time between the company and the association.
2.
The sectors to which this agreement currently applies:
BNE-SIN
SYD-SIN
MEL-SIN
SYD-MNL
418.
3.
The eleven hours duty time limitation remains.
Original Signed by
D. BRYANT
FOR AND BEHALF OF
QANTAS AIRWAYS
Original Signed by
RJ.COLLIEN
FOR ANDBEHALF OF
THE
AUSTRALIAN
INTERNATIONAL
ASSOCIATION
AND
PILOTS
15(e) (iii) (d) If a crew member's performance in the simulator
is considered to be unsatisfactory and, if after further training
in the simulators continues to be unsatisfactory the crew member
shall be given the opportunity of completing a further check,
without prejudice, on the aircraft which the crew member
currently operates. This opportunity for a further check on the
aircraft is not applicable to a second officer unless the problem
results solely from asymmetric flying.
IAO: 513-96
20 December, 1996
Captain F.W. Pike,
President,
Australian International Pilots' Association,
68 Moncur Street,
WOOLLAHRA NSW 2025
Dear Captain Pike,
Set out below is the understanding reached during enterprise
bargaining negotiations on 18A(i)(k).
Section 18A (i) (k) will not be used in planning a pattern
(planning a pattern means before the Pilot signs on at his home
base). It may be used to solve a disruption which requires an
extension of 2 pilot flight time limitations to those allowed by
Section 18A(i)(k).
This acknowledges that an agreed seat in the cabin fulfils the
requirements envisaged in Section 18A (i) (k) and overrides the
letter Captain RJ. Carmichael wrote to AIPA dated 1st February,
1988 in the above circumstances.
In a 2 pilot crew where a second officer is added to solve a 2
local nights in 7 problem or a 30 hours in 7 days problem where
a dedicated crew rest is not provided, the Captain's agreement
must be obtained.
419.
For your information.
Yours sincerely,
DAVID BRYANT
MANAGER INDUSTRIAL AIRCRAFT OPERATIONS
A. Daily flight and duty limitations
Flight and duty limitations applicable to flight duty
(i)
(a)
A pilot on a turbo-jet or turbo-prop aircraft in
a three man technical flight crew; shall not be scheduled in
excess of:
8 hours flight time;
11 hours duty time.
In the event of delays occurring after commencement of duty the
scheduled limitations may be extended up to and including one hour
at the pilot's discretion.
(b)
A pilot on a turbo-jet aircraft in a technical flight crew
consisting of three crew members and an additional technical crew
member or members with pilot relief provided but no adequate rest
facilities available on board the aircraft shall not be scheduled
in excess of:
12 hours duty time.
scheduled limitations may be extended up to and including two
hours at the pilot's discretion.
(c)
member or members with pilot relief provided;
except that on tours of duty commencing between 0700 and 2200
hours inclusive, local time, a pilot may be scheduled for up to:
9 hours flight deck duty time;
14 hours duty time.
scheduled limitations may be extended up to and including four
420.
(d)
The company and the association may mutually agree to
operate specific flights or a specific series of flights on
turbo-jet aircraft with a technical flight crew consisting of
four pilots and an additional technical crew member or members
with pilot relief provided and adequate rest facilities available
on board the aircraft where such flights cannot be scheduled
within fourteen hours duty time.
(e)
member or members with pilot relief provided, shall not be
scheduled to operate more than three sectors in any duty period
if the duty time in such period is scheduled to exceed eleven
hours.
(f)
A pilot on a turbo-prop aircraft in a technical flight
crew consisting of three crew members and an additional technical
crew member or members with pilot relief provided but no adequate
rest facilities available on board the aircraft shall not be
scheduled in excess of:
14 hours duty time.
(g) A pilot on a turbo-prop aircraft in a technical flight crew
members or members with pilot relief provided and adequate rest
facilities available on board the aircraft shall not be scheduled
in excess of:
16 hours duty time.
(h) A pilot on a turbo-jet, turbo-prop or piston engined aircraft
in a technical flight crew consisting of not more than two crew
members shall not be scheduled in excess of:
8 hours flight deck duty;
11 hours duty time,
except that on B744 aircraft the scheduled flight time may be 8
1/2 hours on sectors as may be agreed from time to time between
the company and the association.
scheduled limitations may be extended up to and including one hour
at the pilot's discretion.
421.
(i) A pilot on a piston engine aircraft in a technical flight crew
consisting of three crew members with relief provided but no
adequate rest facilities available on board the aircraft shall
not be scheduled in excess of:
14 hours duty time.
(j) A pilot on a piston engine aircraft in a technical flight crew
consisting of three crew members with pilot relief provided and
18 hours duty time.
(k) A pilot on a turbo-jet aircraft in a technical flight crew
no adequate rest facilities available on board the aircraft shall
12 hours duty time.
(1) A pilot on a turbo-jet aircraft in a technical flight crew
14 hours duty time.
(m) A pilot on a B744 aircraft in a technical flight crew
consisting of four crew members, with pilot relief provided, and
adequate crew rest facilities available on board the aircraft,
for planned single sector operations, shall not be scheduled in
excess of:
8 1/2 hours flight deck duty;
16 1/2 hours duty time.
422.
In the event of delays occurring after the commencement of duty,
the scheduled limitations may be extended up to and including
three and one half hours at the pilot's discretion.
(n) Aviation Regulatory Authority requirements with respect to
adequate rest facilities on board the aircraft shall apply in all
relevant situations.
(o) Under exceptional circumstances (such as civil riot, cyclone,
mercy flight) the scheduled flight and duty limitations contained
in this paragraph may be extended to the limitations provided by
the Aviation Regulatory Authority.
(p) Notwithstanding the scheduled flight and duty limitations
contained in this paragraph any dispensation given to the company
by the of Aviation Regulatory Authority may be applied. Such
dispensations shall be promulgated in the Company Flight
7. CREW CONTACTABILITY WHILST ON DUTY
In order to avoid any further disagreement on what constitutes
a crew "contact", there was a need to agree upon acceptable
guidelines. Contact is obviously important to advise of roster
changes, pattern protected duty and so on.
The parties have agreed the guidelines which are attached at
Attachment 1 can be implemented immediately on the B744 and the
B747. They will be implemented on the B767 once the rostering
concerns on this fleet have been resolved to both parties
satisfaction.
ATTACHMENT 1
1.
Crew will not be contacted at sign on before a sector
unless the requirement for contact involves the pattern of flying
for which they are actually signing on or before or during a
simulator session.
2.
Crew may be contacted after a flight or after a simulator
session. The intent is that on glass cockpit aircraft the
requirement for contact will be notified after "Crew Messages
Received". Crew must respond to Crew Scheduling should they be
subject to such messages.
8.
MIDNIGHT CUT OFF
The parties agree that the trial of midnight cut off has been
successfully completed and will be incorporated into the
Employment Contract. Whilst any financial benefit is difficult
to assess it is acknowledged by the Company that the Preferential
423.
Bidding System and the pay system is more effective with midnight
cutoff as a feature of the rostering system. The Employment
Contract will be changed to reflect this. It is agreed that should
preferential bidding be abolished the rules in place prior to the
introduction of preferential bidding shall apply with respect to
midnight cutoff.
9.
REDUCTION OF CERTAIN SLIP TIMES
The parties have agreed that the Company may reduce slip times
in Los Angeles to nominally 34 hours. This agreement is in the
context that any subsequent tour of duty should be limited to a
single sector operation. Further this agreement is limited to
direct flights from the Australian East Coast including Adelaide
and Fiji/New Zealand to Los Angeles and return.
10.
RE-EMPLOYMENT SUBSEQUENT
AND LOSS OF LICENCE ISSUES
TO
MEDICAL
TERMINATION
(a)
The Company is seeking an agreement to review the terms
of Section 42 of the International Pilots Agreement.
This stems from a concern that the current wording is to "loose"
and is possibly open to some manipulation.
This change would not represent a cost saving to the Company,
however is seen as beneficial due to a better administration
procedure and remove any controversy.
(b)
The Company agrees to jointly evaluate the feasibility
of a facility for pay/income protection as an alternative to
providing Loss of Licence coverage for Long Haul Technical
Aircrew that offers at least equivalent financial benefit.
If the Company were to agree to the implementation of such a system
it would be on this basis of no greater cost than the Company's
present liability.
The final implementation of such a scheme would be on the basis
of a majority vote of Long Haul Technical Aircrew.
(c)
If (b) does not eventuate the parties will commit to
implementing (a).
11.
OPEN TIME AND PHONE IN PROCEDURES
As detailed below:
Open Time
Day 1
1400
Day 2
Day 3
All
424.
0800
Crew
members
Bids
<---------->
Close
Company
determine
Allocation
*OT
Bids
Results
Published
patterns
Depart
*Sick
Crew members have
until this
time to report fit.
Last Duty Free Day
Call
1400-2400
Crew members make
last Duty Free day
call
(NB) Crew members
who call after 2100
forgo 8.00 hr notice
of duty. Optional
for crew member to
call in after 0800 to
determine if duties
on next day. Still
required to call in
after 1400 unless
released at earlier
call, however the
crew member may not
be assigned a duty
commencing the
following day before
1200. Nothing
precludes the
Company making an
offer.
12.
FLEXIBLE WORK ARRANGEMENTS
A system will be developed to allow this.
Whenever the bid period divisor is planned to be below the
planning divisor for the aircraft, technical aircrew who wish to
fly less than the divisor may do so. This may be by a system which
takes place before lines are built or a system which allows the
low line/s to be built during the line building process.
This matter is agreed on the basis of no additional cost and no
loss of flexibility to the Company at line building stage.
425.
Bid periods limitations shall be as per Section 18 D. The planned
productivity of the category must approximately equal the
divisor.
Low lines bid for in this proposal shall be paid on an hour for
hour basis and the minimum guarantee for pay purposes shall not
apply. Technical aircrew who bid for hours less than 132 will be
required to ensure their personal superannuation contributions
are maintained.
Notwithstanding the above a technical aircrew member may be
assigned work above their allocated line value in accordance with
the Employment Contract.
13.
ALLOCATION OF OPEN TIME
Blank line holders in accordance with other agreed rules will be
ranked between steps 4 and 5 at 18(M) (x)(a) and (b) for the
allocation of open time.
Blank line holders will rank between pattern line holders
swapping trips and pattern line holders bidding for extra hours.
14.
SERVICE RIBBONS
The Company will allow the pilots who have service ribbons to wear
these on service.
15.
REDUCTION OF SIGN ON TIME
(a)
The scheduled sign on time for B747 and B744 pilots shall
be 1 hour for pilots and 1 hour 30 minutes for Flight Engineers
for all 3 pilot and 4 pilot crews operating ex Sydney.
(b)
When determining the crew complements only the maximum
planned tour of duty ex Sydney for a 3 pilot crew shall be 13 hours
45 minutes. Any planned tour of duty in excess of this will require
a 4 pilot crew.
The above reduction is agreed on the basis that a second officer
will be available to carry out walk around checks on most
occasions. The Company is currently training second officers to
be authorised to carry out walk around checks.
16.
EXTENDED SICK LEAVE
It is agree the Employment Contract will be varied at Section 22
Sick Leave as follows:
D.
Any part of a technical aircrew member's annual credit in
(B) (ii) that would be in excess of the permissible maximum
426.
accumulation in C shall be recorded separately as a fully
cumulative "top up" paid sick leave entitlement of that
individual.
The individual shall be entitled to leave of absence from this
separate entitlement in the event that the entitlement under C
is exhausted and before having to use the entitlement in
sub-section I.
This entitlement shall not be used to calculate pay in lieu of
leave in cases such as workers compensation and medical
retirements.
Re-designate D to K, E to J.
Amend old I to include the new D.
17.
FLEET PAY
The Company has put forward a proposal for a fleet pay system for
pilots covered by the Employment Contract in order to resolve a
number of issues.
The parties agree that without prejudice, the concept of fleet
pay will be examined during this enterprise agreement.
18.
SENIOR CHECK CAPTAINS AND SENIOR CHECK FLIGHT ENGINEERS
The Company will continue to discuss the outstanding matters
relating to senior check captains and senior check flight
engineers during the life of the EBA. This discussion is on the
basis of no extra cost or loss of flexibility unless the Company
agrees otherwise. This does not mean the company will not address
the claims in a timely manner, nor that it will not examine the
claims seriously. Accordingly, it is agreed that the parties will
progress this matter within 3 months from ratification of this
enterprise agreement.
19.
TRAINING
Subject to reasonable notice on any occasion, the Company will
meet with designated Association representatives in relation to
technical aircrew training to discuss the Association's views and
concerns and will consider those views and concerns in management
and direction of technical aircrew training.
DATED THIS 4th day of April 1997.
Signed for and on behalf of
the Australian and International Pilots Association
427.
ORIGINAL SIGNED BY R. J. COLLIEN ORIGINAL SIGNED BY F.W.
PIKE
Representative
Witness
R. J. COLLIEN
F.W. PIKE
Name (Print)
Name (Print)
Signed for and on behalf of
ORIGINAL SIGNED BY D. BRYANT
JENNINGS
Representative
ORIGINAL
SIGNED
D. BRYANT
Name (Print)
R. JENNINGS
Name (Print)
BY
R.
Witness
428.
Appendix 4: EBA4
Qantas Airways Limited Technical Aircrew (Long Haul)
Certified Agreement 1998
Incorporating
Enterprise Bargaining Agreement IV (1998 - 2001)
Index of provisions
1
Pay increases
2
Profit sharing
3
Salary packaging
4
Training credits
5
B767 domestic rostering
6
Wide bid and minimum productivity rule
7
Annual leave for blank line holders
8
FEO pilot retraining
9
Crew baggage arrangements
10
Order of priority for allocating standby duty
11
Contact requirement for pattern line holders transitioning
to become blank or reserve line holders
12
13
B744 divisor
"A" days after SYD/LAX/SYD patterns removed
14
FEO probation period
15
Electronic manuals
16
SCCs relinquishing meal allowance when rostered in the
simulator
17
18
19
By-pass on 1:1 basis
Open time (route checks)
Secondment of crew members to shorthaul operations
429.
20
Duty travel
Attachment 1: Alternative B767 proposal
1.
Pay increases
(a)
Subject to this Agreement, four adjustments to pay
(including adjustments to all pay related entitlements) will
apply during the life of this Agreement as follows:
25
25
25
25
November 1998
May 1999
November 1999
November 2000
2%
1%
3%
3%
(b)
The pay rates operative from the first pay period on or
after the above dates are set out in Section B of this Agreement.
All other pay-related allowances will also increase accordingly.
(c)
The agreed pay increases in sub-clause (a) above are
premised on the current low rate of inflation (as measured by the
CPI) at the time that the parties entered into this Agreement.
If there is a significant increase in the rate of inflation during
the first two years of this Agreement, the Company agrees that
the Association will have the right to re-open negotiations on
the quantum of the pay adjustment scheduled to apply on 25
November 2000.
2.
Profit sharing
The Company will issue free shares up to the value of $1000 each
year to each crew member, subject to the Company's satisfactory
financial performance in each of the three financial years, i.e.
1997-1998, 1998-1999 and 1999-2000. The criteria that will
determine satisfactory financial performance will be determined
by discussions between the parties to this Agreement.
3.
Salary Packaging
The parties are committed to investigating the merits of salary
packaging and, during 1999, will jointly evaluate the feasibility
of salary packaging for crew members.
4.
Training credits
Under the Company's newly commenced cyclic training package, the
parties agree that:
(a)
Any home study package, which may include a combination
of simulator session briefings, videos and multi-choice
questionnaires, will be limited to a time requirement of 12 hours
430.
per annum and will attract a training credit of 4 hours additional
to a crew member's pay.
(b)
If a crew member does not satisfactorily complete a session
of cyclic simulator training that results in the crew member being
unavailable for subsequent flying duties, the crew member will
be pattern protected. The crew member is required to be available
for a maximum of 56 days on multiple occasions to offset the
pattern protection.
(c)
If Crew Resource Management ("CRM") techniques and all
other elements of simulator training become assessable, a
performance in CRM that is less than satisfactory may only be
recorded when it results in a degraded technical performance that
would, in itself, constitute grounds for failure.
5.
B767 Domestic Rostering
(a)
Commitment to resolve B767 domestic rostering problems
The Company recognises that changes in B767 domestic rostering
are necessary to allow the required work to be flown in an
efficient and pilot-friendly manner as set out in the Company's
memorandum OHH.304/090.0572 to all B767 pilots. The parties
commit to developing and implementing changes as soon as
practicable. Both parties acknowledge that B767 domestic flying
is dynamic and the parties will continually monitor and implement
change where necessary and practicable to allow the Company to
efficiently construct patterns according to the latest schedule
requirements and to improve the lifestyle, pattern efficiency and
rostering stability for B767 crew members (including time free
of duty surrounding domestic flying).
(b)
Working party to be established
(i)
domestic
The Company and the Association will establish a B767
rostering working party ("working party"), to formulate
proposals for changes in domestic rostering and to monitor
progress.
(ii) The working party will meet, as required, to address all
issues associated with B767 domestic rostering. The working party
will continue to meet during the life of this Agreement to
identify any further changes that may be necessary.
(c)
Computer time and computer software
(i)
So as to enable the working party to identify the problems
and consider
431.
the merit of any proposed solutions, the Company will allocate
computer time to permit evaluation of alternative parameters for
pattern construction during each bid period analysis. The Company
will allow the working party to collaborate with the Company's
pattern planning officers in the selection of parameters for
evaluation. Arising out of working party discussions, any
computer trials considered to be desirable or necessary will be
instituted so as not to conflict with the normal planning process.
(ii) If the parties explore and agree upon a new proposal
involving a domestic division within longhaul flying operations,
the Company's Flight Operations section will present and support
a business plan to Company management to ensure that computer
software programming to accommodate the proposal is available.
(d)
Bidding option to remedy lack of 'quality' days off
The Company will pursue software changes to enable a bidding
option whereby a crew member may bid for either the normal
'pattern gap' between patterns or minimum base turnaround time
(or such other agreed minimum time) between patterns.
(e) "Run of aircraft” to remedy long transit times
The parties agree to implement 'run of aircraft' in bid period
198. 'Run of aircraft' will continue to be implemented where it
is shown to provide a substantive improvement to the B767 domestic
patterns. 'Run of aircraft' will continue to be pursued so long
as it is economically viable, i.e. without a significant blow out
of the operational costs of flying the patterns compared with the
operational costs associated with bid period 198.
(f)
Value of the duty period credit
To further assist in improving the efficiency of domestic
patterns, the first two sentences of clause 27(e)(vi)(l) of the
Employment Contract are varied to accommodate an increase in the
value of the duty period credit, as follows:
"When a crew member reports for a duty period within a pattern
and leaves the blocks, he or she will receive a credit of .67 of
an hour for each hour of the scheduled duty period pro rated for
time less than one hour. When a crew member completes a pattern
consisting of one duty period he or she will receive a credit
of .67 of an hour for each hour of the scheduled or actual duty
period, whichever is greater, pro rated for time less than one
hour. The extra credit arising from the increase (i.e. from 0.5
to 0.67) for the pattern may be treated by the Company as a passive
credit."
432.
(g)
Minimum value for duty period credit per pattern
The minimum value for a duty period credit will be 5 hours per
pattern.
(h)
Planning patterns to 11.5 hours for 2-pilot operations
The Company may apply to the Civil Aviation Safety Authority for
a dispensation from the CA048 to allow scheduled tours of duty
on the B767 aircraft up to eleven and one half hours confined to
mainland Australia and Tasmania. When the Company obtains the
dispensation, it may schedule tours of duty to eleven and one half
hours under this clause. Those tours of duty will have a report
time between 0600 and 1300 local time. The intent of this is to
prevent "back of the clock" operations associated with a planned
11.5 hours tour of duty.
(i)
Port Moresby patterns
An agreed seat (minimum business class seat) in the cabin fulfils
the requirements of "adequate rest facilities" under clause
27(a)(i) ("Flight and duty limitations applicable to flight duty")
in the Employment Contract for the B767-200 aircraft on a
Sydney/Brisbane/Port Moresby/Brisbane tour of duty.
(j)
Domestic division within longhaulflying operations
The parties will consider the merit of dividing the longhaul
flying into two divisions, one division dealing with
international flying and the other division dealing with domestic
flying.
(k)
Alternative B767proposal to minimise disruptions due to
'X' and 'Y'patterns
If a domestic division within longhaul operations proves to be
unachievable, the parties will trial a proposal based, initially,
on Attachment 1 to this Section B. The parties will continue to
review, modify and improve this proposal prior to any subsequent
implementation.
(l)
Changes to be implemented by agreement
Any changes to B767 rostering arising from any trial, will only
be implemented by agreement between the parties, after issues
have been addressed and resolved to both parties' satisfaction.
(m)
Reserved matter
The applicability of the increase in the value of the duty period
credit and the minimum value for a duty period credit for any
433.
domestic flying pattern for the B747-400 and B747 fleets will be
a reserved matter between the parties.
6.
Wide bid and Minimum Productivity Rule
(a)
As soon as practicable, the Company will implement the
wide bid concept.
(b)
The joint working party established under clause 5 of this
Agreement will assess the merits of the Minimum Productivity Rule
with a view to improving the construction of patterns.
7.
Annual leave for blank line holders
(a)
The parties agree to trial a system of reserved leave slots
issued for projected BLHs. This proposal will avoid the
"bunching" of leave during particular bid periods, whilst
providing a greater availability of leave slots to the BLHs
throughout the year.
(b)
Any continued implementation of a new system of leave slots
for BLHs will only be on the basis of issues arising during the
trial being addressed and resolved to both parties' satisfaction.
8.
FEO pilot retraining
A FEO who desires to commence retraining as a pilot may approach
the Chief Pilot for approval.
9.
Crew baggage arrangements
The Company will resolve the baggage delay problem affecting crew
members at Sydney International Airport.
10.
Order of priority for allocating standby duty
The following clause replaces clause 27(j) of the Employment
Contract and replaces S.A.27. It is to be read in conjunction with
S.A.28:
"Standby Duty
(a)
For the purpose
means the crew member
assessed as being the
standby duty is to be
(b)
(i)
of this clause, "most junior contactable"
who, when contacted by the Company, is
most junior crew member on the day the
performed.
Standby duty will be allocated in the following order:
Awarded in seniority order to a BLH/RLH;
434.
(ii) Assigned in reverse order of seniority to a BLH/RLH who is
on an available day;
(iii) Offered in seniority order to a PLH who has previously
indicated he or she is willing to do standby duty. If the PLH
accepts the offer of duty and is required to operate a pattern
that conflicts with a pattern on his or her pattern line then fixed
pattern protection will apply;
(iv) Offered in seniority order to a PLH for additional credited
hours. The Company will make genuine attempts to contact at least
5 PLHs to offer the standby duty. If the PLH accepts the offer
of duty and is required to operate a pattern that conflicts with
a pattern on his or her pattern line then fixed pattern protection
will apply;
(v)
Assigned in reverse order of seniority to a BLH/RLH who
is on a DFD;
(vi) Assigned to the most junior contactable PLH who would be on
an available day on the day of the standby duty. If the PLH is
required to operate a pattern that conflicts with a pattern on
his or her pattern line then fixed pattern protection will apply;
(vii) Assigned to the most junior contactable PLH who would be
on a DFD on the day of the standby duty. If the PLH is required
to operate a pattern that conflicts with a pattern on his or her
pattern line then fixed pattern protection will apply;
(viii)
Assigned to a crew member on promotional or aircraft
type transfer training.
(c)
The Company has discretion to decide whether an assignment
of standby duty to a pattern protected crew member will be used
to offset pattern protection or to increase the crew member's
credited hours and will advise the crew member accordingly at the
time the standby duty is assigned.
(d)
A crew member on standby will be available for contact
throughout the period of standby and, if called for duty, may be
required to report as soon as is practicable.
(e)
A crew member's standby duty time will end at its scheduled
termination or when the crew member is specifically released from
the duty by the Company.
The notification of a later duty commencing during the standby
period does not constitute a release from standby.
(f)
This clause is to be read in conjunction with S.A.28."
435.
11. Contact requirement for pattern line holders transitioning
to become blank or reserve line holders
Clause 27(h)(xiii) of the Employment Contract is varied to insert
the following additional sub-clause (10):
"When a pattern line holder is transitioning to become a blank
or reserve line holder in the following bid period, the crew
member will make contact with aircrew scheduling on the last day
of his or her pattern line in the then current bid period where
the first day of his or her blank or reserve line is an available
day. Whether the day is a duty free day or not, contact will be
in accordance with the phone in procedures specified in clause
11 of Appendix 1 of EBA III. However, this clause will not operate
so as to infringe a crew member's minimum base turnaround time."
12.
B744 Divisor
The Association agrees that the Company may increase the bid
period divisor affecting one category only on the B744 fleet up
to 180 on one occasion each year. The Company must demonstrate
to the Association's satisfaction that the increased divisor is
necessary to provide roster stability. For the purpose of this
clause, "each year" means the period from 1 January to 31 December
in each year.
13.
"A" days after SYD/LAX/SYD patterns removed
Clause 4 of LOA63 is deleted, with the effect that an available
day will not be scheduled for a crew member on the day following
his or her completion of a nonstop Sydney/Los Angeles/Sydney and
return pattern.
14.
FEO probation period
Paragraph 2 of Clause 12(b) of the Employment Contract is varied
to read as follows:
"A crew member will be on probation for the period from the date
of appointment until twelve months from the date of the crew
member's status as a pilot or FEO, or the completion of the fourth
cyclic training session, whichever is earlier."
15.
Electronic manuals
(a)
During the life of this Agreement, the Company' objective
is to investigate the viability of introducing electronic
transmission of technical manuals and amendments/additions to
those manuals so as to eliminate the use of paper. The Company
acknowledges that electronic communication for this purpose can
reduce its administrative costs and increase efficiency.
436.
(b)
The Company will consult with the Association to achieve
this objective and both parties will develop an appropriate
protocol for the use of electronic communication.
16.
SCCs and SCFEOs relinquishing meal allowance when rostered
in the simulator
Senior Check Captains and SCFEOs agree to relinquish the meal
allowance paid to them when rostered for duty in the simulator.
17.
By-pass on 1:1 basis
The Association agrees to re-activate LOA86 in the following
terms:
"It is agreed between the Company and the Association that clause
13(e) of the Employment Contract will be administered in
accordance with the procedures set out in this Letter of Agreement
("LOA").
1.
Training vacancies for promotion or transfer to a higher
rated aircraft type will be allocated in accordance with the
relevant provisions of the Employment Contract, except where the
Company proposes to by-pass a pilot within the terms of clause
13(e) and this LOA.
2.
A proposal to by-pass a pilot must be for operational reasons
demonstrated to the Association's reasonable satisfaction and
must not be arbitrary or capricious.
3.
When the Company proposes to by-pass a pilot within the
terms of clause 13(e), the Company will notify and consult with
the Association and no by-pass action will be taken until
agreement has taken place.
4.
The Company will allocate a particular vacancy to the pilot
who:
(a)
is next most senior to the pilot being by-passed;
(b)
is sufficiently qualified (as defined in the Employment
Contract) for the particular vacancy;
(c)
is entitled to the vacancy in accordance with the relevant
provisions of the Employment Contract; and
(d)
for operational reasons, is not to be by-passed.
5.
By-pass pay entitlements under clause 13(e) will accrue
on the basis of one for one. This means that the number of pilots
entitled to by-pass pay and deferred training vacancies will
equal the number of vacancies allocated, for demonstrated
operational reasons, to less senior pilots.
437.
6.
Except for the matters specified in this LOA, the provisions
of clause 13(e) will apply.
7.
Nothing in this LOA will affect the operation of LOA 114.
This LOA may be varied by the mutual agreement of the parties."
18.
Open time (route checks)
(a) Clause 27(m)(x)(l)(C) of the Employment Contract is varied
by adding the following additional sentence:
"Open time not allocated in accordance with 27m(x)(l)(A) or
27m(x)(l)(B) may be allocated to a crew member who is required
to be rostered to the pattern for the purpose of conducting, or
being the subject of, a route check."
(b)
Clause 27(m)(x)(2)(C) of the Employment Contract is also
varied by adding the following additional sentence:
"Open time not allocated in accordance with 27m(x)(2)(A) or
27m(x)(2)(B) may be allocated to a crew member who is required
to be rostered to the pattern for the purpose of conducting, or
being the subject of, a route check."
19.
Secondment of crew members to shorthaul operations
The parties agree to amend and re-execute LOA 102 in accordance
with the following:
(a)
Title of LOA
The title of LOA102 will be amended to "Secondment to Shorthaul
Operations".
(b)
Failure to qualify
The existing clause (i) is to remain for Second Officers, but the
following new clauses concerning Captains and First Officers
failing to qualify are to be inserted:
"A long haul First Officer or Captain who fails to qualify in
shorthaul in the category for which the vacancy was created, may
be required to operate on that aircraft type in the highest status
for which the crew member can qualify for a minimum period of
eighteen months before being eligible to be awarded a vacancy
involving an aircraft type transfer. The crew member will not be
subject to the 5 year freeze period and may, at the completion
of the eighteen months period, return to long haul.
If the failure is the crew member's second failure at promotional
training, his or her status within shorthaul will be at the
discretion of the Company, however the crew member will have the
438.
opportunity of qualifying in long haul at the completion of the
5 year freeze period provided he or she is cleared by the Company.
If the crew member is not cleared for a second training program,
or following a second failure is not cleared to return to long
haul, his or her case will be referred to the Pilot Assessment
Committee.
A crew member undergoing training for a vacancy in shorthaul may
have his or her training split to provide for a specified period
as a line First Officer for the purpose of obtaining line
experience. During that period, the crew member will receive
transitional training pay."
(c)
Specific Long Haul provisions that continue to apply during
the secondment
The following provisions in the Employment Contract will continue
to apply to pilots seconded to shorthaul operations:
(i)
Section 26 (p) - Sick Leave - Medical Termination;
(ii)
Section 22 - Re-employment Subsequent to Medical
Termination;
(iii)
Section 41 - Insurance Cover in Warlike Circumstances;
(iv)
Section 42 - Internment; and
(v)
Section 46 - Association President
BUT in all other respects the Qantas Shorthaul Pilots' Award 1996,
as varied, will apply during the secondment.
20.
Duty travel
The following clause replaces clause 36 of the Employment
Contract:
"36.
Duty Travel
36.1
Definitions
For the purposes of this clause:
(a)
Company aircraft means B767, B747, B744 and B737 aircraft;
(b)
when used in the context of first class travel, the
expression "not available" only applies to aircraft which are not
fitted with first class seats.
439.
36.2
Positioning crew members for duty and returning them
to base stations
The Company will provide travel for crew members to position them
for duty and return them to their base stations to complete duty,
in accordance with the provisions of this clause.
36.3
(a)
Subject to 36.6(a), the following crew members are entitled
to first class travel for all duty travel:
•
•
•
•
Captains;
First Officers;
FEOs; and
Crew members who have achieved the status of Second Officer
for five years or more.
(b)
Second officers who are not covered in 36.3(a), are entitled
to the following standard of duty travel:
(i) On Company aircraft, booked business class, upgradeable to
the highest class configured on that aircraft if a seat is
available at the time of departure of the aircraft;
(ii) On other carriers (but excluding travel on foreign carriers
referred to in 36.6(a)), booked first class, if a seat is
available in that class at the time the booking is made. If first
class seats are not available at the time of booking, a crew member
will be booked in the highest class available, with an entitlement
to be upgraded to the highest class configured on that aircraft
and his or her ticket endorsed "first class".
36.4
Crew members accepting
in
business
class
seating
Where first class travel is not available on Company aircraft,
PROVIDED THAT over-sale of first class seats will not be a reason
for that standard of duty travel not being provided by the Company,
and SUBJECT ALWAYS to a crew member's obligation to comply with
the requirements of the Aviation Regulatory Authority with
respect to having adequate rest and being fit to perform duty as
required, the following provisions apply:
(a)
Domestic sectors
configured with first class seats (except where the Company
operates an aircraft in a cosmetic configuration with first class
seats being made available to business class passengers) departs
440.
within two hours of the service on which a crew member is booked,
a crew member will accept business class on Company aircraft.
(b)
On an international sector, where no other Company aircraft which
is configured with first class seats departs within 6 hours of
the service on which a crew member is booked,the crew member will
accept business class on Company aircraft.
(c)
First class section blocked off & unavailable for
commercial sale
Where the Company has blocked off the first class section, making
it unavailable for commercial sale, a crew member will be provided
with business class seating at check in, but has the right to take
up first class seating in the first class section once he or she
has boarded the aircraft, ahead of any other requirements for
those seats except as required by the pilot in command. Seating
provided at check in will remain available to the crew member
throughout the flight for meals and other cabin services, but
there is no requirement for the Company to provide meals or
service in the blocked out zone to crew members who elect to take
up first class seats once they have boarded the aircraft.
(d)
Travelling first class on another aircraft rather than
accepting business class on Company aircraft
Rather than accept business class, a crew member may travel first
class on another aircraft PROVIDED THAT the travel on the other
aircraft does not, due to flight time limitations, disrupt the
crew member's pattern of flying, but:
(i)
and
the crew member will not accrue any additional pay credits;
(ii)
the travel on that other aircraft will not generate an
en-route slip.
(e)
AH tickets endorsed for first class travel
All tickets will be endorsed so as to allow first class travel
in the event that there is a late change in configuration of seats.
(f)
Minimum off duty period after solely deadheading
Where a crew member deadheads in business class, the minimum off
duty period after solely deadheading will be an amount equal to
the flight time plus the night flight hours measured from the
point of departure, except that, in the case of a downline
disruption, the minimum off duty period will be twelve hours.
441.
(g)
Maximum of two consecutive sectors in business class
in tour of duty
A crew member will travel in business class for a maximum of two
consecutive sectors in a single tour of duty. Where it is
impractical to administer, this provision may be varied but only
if the Company first obtains the Association's approval.
(h)
Maximum deadheading in tour of duty when
duty travel
includes a mixture of business and first class seating
Where travel is to be in business class or a mixture of first and
business class, the maximum scheduled time of deadheading in a
single tour of duty will be 14 hours unless otherwise agreed with
the Association.
(i)
Business class seats to be approved by the Association
Travel in business class will only be in a seat approved by the
Association and a list of those approved seats will be held on
file by the Company.
36.5
Crew
members
accepting
in
economy
class
seating
Despite the provisions of 36.3 and 36.4, crew members will accept
travel empty, all economy, Company aircraft
36.6
(a)
(i)
Travel on foreign carriers in certain regions
Regions where this clause 36.6(a) will apply
This clause 36.6(a) will operate in relation to deadheading
wholly within the following regions ("regions"):
1.
2.
3.
4.
5.
(ii)
Asia (including Japan);
Europe;
USA;
South Africa; and
New Zealand.
During downline disruptions
When a crew member is downline disrupted and first class travel
on a foreign carrier in the regions is not available, all crew
members will accept travel in the highest class available. If such
travel is economy class, it will be limited to a single sector
tour of duty with a maximum of 4 hours' block time, unless the
Association agrees otherwise.
442.
(iii)
Planned travel on foreign carriers
Except for the provisions in 36.3(a) and 36.3(b), where first
class travel on a foreign carrier in the regions is not available,
all crew members will accept planned duty travel arrangements in
business class, but such travel will be limited to a maximum of
4 hours' block time, will not be between the hours of 2200-0600
and will be by the most direct route (single sector if possible).
(iv)
Meal allowance
If travel in business or economy class encompasses a meal period
and a first class meal is not provided on the aircraft, crew
members will be entitled to receive a meal allowance.
(b)
Travel on foreign carriers outside the regions specified
in 36.6(a)
Except for the provisions in clause 36.6(a), where it is
impossible for the Company to provide duty travel in accordance
with 36.3(a), 36.3(b), 36.4 or 36.5, crew members will be provided
with first class travel on another carrier except that where first
class is unavailable, crew members will accept travel in the
highest-class available, subject to the Association's approval.
36.7
Travelling to, or returning from, a basing
(a)
A crew member who is proceeding to, or returning from,
a basing will not be required to travel continuously in excess
of 24 hours.
(b)
Where it is necessary for a crew member who is entitled
to first class travel to stopover en route:
(i)
he or she will retain a first class travel priority
throughout the entire journey; and
(ii)
the
Company
will
provide
first
class
meals
and accommodation for the crew member during the stopover, (c)
This paragraph 36.7 also applies to a crew member's spouse and
dependant children."
Attachment 1
(Alternative B767 Proposal
to minimise disruptions due to
'X’ and ‘Y’ patterns)
1.
Definitions
443.
For the purpose of this proposal:
"domestic pattern" means a pattern that contains sectors of
flying, only to Australian ports (and possibly NZ ports - further
discussion required).
"domestic period" means the planned period of time for domestic
patterns allocated by CAM or open time. This period can be varied
up to 3 hours earlier than the planned report time and 3 hours
later than the planned stand down time for the purpose of pattern
changes.
"early start" means any patterns that report up to 1400.
"late start" means any patterns that report after 1400.
"early finish" means any patterns that stand down up to 1400.
"late finish" means any patterns that stand down after 1400.
2.
Introduction
This proposal is an attempt to stabilise the time off surrounding
domestic flying allocated to B767 pilots and for the Company to
efficiently reconstruct patterns according to the latest
schedule requirements.
As domestic patterns are created between 6 to 14 weeks in advance
of their day of operation, the end result of those patterns often
do not reflect what was planned. Most changes occur due to
commercial demand. The result of the changes does not allow the
efficient utilisation of technical aircrew within the Safety Net
Award or EBA IV, nor do the patterns reflect the pattern as
allocated by CAM.
3.
Benefits
•
The benefit for the Company is greater utilisation of crew
and more efficient patterns. Patterns can be varied to suit
the market/schedule demands.
•
The benefit for the B767 pilots is the protection of time
off that surrounds a domestic pattern, offering greater bid
line stability.
4.
Proposal
The concept for this proposal is flexibility for the Company to
change domestic patterns within the guidelines set out below.
This proposal only applies to B767 PLHs.
444.
•
Pattern Planning
o Continue to create patterns based on latest schedule
planning information.
o International patterns that contain domestic feeders
should use domestic sectors that rarely change gauge
or are not typically subject to cancellations.
o Domestic patterns that contain slips at the pilot's
base port do not attract allowances or accommodation
slips.
•
Bidding
Rather than bidding for specific patterns, bid by the following
criteria:
o
o
o
o
•
Days of duration (from 1 to 5)
By slip port
Early start or late start
Early finish or late finish
Allocations (CAM process)
o Allocate patterns using the same rules
o Allow back to back allocation of multiple domestic
patterns using the 12 hour slip rule between each
pattern.
o Do not display the domestic patterns.
•
Postcam complete
o Contact Periods & Availability
•
•
•
•
If pattern is fully or partially cancelled then
normal contact obligation applies on those days
where work was originally planned.
Each pilot must be available to work within the
domestic period.
Methods of suitable contact - Acars, company
phones, or phone number provided by the pilot.
Minimum notice to work (yet to be agreed - query
8-12 hours?) Contact periods yet to be agreed.
o Pattern protection
Domestic patterns are treated as a date & time limited
protection. Offsets to this protection can vary by 3
hours outside the planned pattern period. This 3 hour
variation can be utilised at any time.
•
Pattern Reconstruction
445.
•
•
•
•
Patterns can be reworked in any way providing that
the 3 hour variable window is adhered to for each
pilot. The duration and destination of all
domestic patterns can be changed at any time.
Offers by the Company can be made if a pattern is
built outside the domestic period.
The pilot can be utilised during this domestic
period for international flying.
Hotel room provided for slips less than 12 hours
in base.
o Overprojection (N/A)
Domestic patterns carry a value from the first time
they are allocated. After the initial allocation, a
time frame has been set. This time frame is the only
limit upon the Company making further allocations
within this period. (CASA regulations will obviously
apply)
o Pay
The pilot will be paid for the value of the domestic
patterns as first allocated (by CAM or open time) or
the patterns flown, whichever is greater.
EXECUTED AS AN INDUSTRIAL AGREEMENT
DATED this
day of
1999.
SIGNED for and on behalf of
Signature of representative
Name of representative (print)
Office of representative
SIGNED for and on behalf of the
446.
Appendix 5: EBA5
Qantas Airways Limited Flight Crew
(Long Haul) Certified Agreement 2001-2002
(EBA5)
Index of clauses
Clause
Title
Page
1
Salary package
Salary freeze
Profit share schemes
(a)
Qantas Incentive Scheme ("QIS")
(b)
Future QAL/AIPA scheme
Check Pilots & FEOs: Change to method of payment
PLHs below the standard window of hours
Additional payment when assigned over divisor
+5
Additional payment for exceedence of planned
limits
Minimum daily credit
Increase in MGH
BLHs & RLHs: Pay credits for annual & long
service leave
Simulator support sessions: Credited hours
value
BLHs & RLHs: Personal training credits
Standby duty: Credited hours value
Simulator sessions: Briefing time & credited
hours value
Second Officer Fleet Pay
Scheduling
General
(a)
Pattern construction rules
(b)
Single days off option
(c)
Restricting amendments to domestic
patterns
(d)
No disruption to international patterns
(e)
Pattern repair rules
Banking excess hours
Open time on CIS
Contactability
Priority in open time when pattern protection
dropped
Additional sectors after 15-4 call in
Standby: Call out fee & calculating tour of duty
C:3
C:3
C:3
1.1
1.2
1.3
1.4
1.5
1.6
1.7
1.8
1.9
1.10
1.11
1.12
1.13
1.14
2
3
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
C:4
C:4
C:5
C:5
C:5
C:6
C:6
C:7
C:7
C:7
C:7
C:7
C:7
C:8
C:8
C:9
C:9
C:9
C:10
C:10
C:11
C:11
447.
3.9
3.10
3.11
3.12
3.13
3.14
3.15
3.16
3.17
3.18
3.19
3.20
3.21
3.22
4
4.1
4.2
5
5.1
5.2
6
6.1
6.2
6.3
6.4
7
8
9
10
11
12
12.1
12.2
13
13.1
13.2
14
15
time
"Golden bid" flying can be pre-allocated
Concessions/exemptions to FTL only implemented
with AlPA's agreement
'AV’ days trial
Adequacy of MBTT for patterns with large time
zone changes
4m simulator session
Early sign on for route
qualification/recency/control checks/training
packages (e.g. contaminated runways)
Pattern protection for BLHs called off standby
Overprojection resulting from a standby call
out
LAX/MEL planned single sector operations
(LOA146)
Calendar month bid periods if DPA does not
exceed
Four pilot operations on B744 SYD/DPS/SYD &
SYD/NRT/SYD
Frankfurt slips
London slips
Charters ex-London or ex-Frankfurt
Training blocks and freeze periods
Training blocks
Freeze periods
By-pass
By-pass pay
Documentation
Leave (Sick, annual and long service)
Converting sick leave between long and short
hauls
New method for allocating annual leave
New method for allocating long service leave
"Golden" leave days of annual leave
Home Transport
Alternate pax policy
AIPA Representation
Reduced value lines
Travelling allowances
Probationary periods and bonds
Bonds
Maternity leave
Consecutive periods of leave
Alternative duties
Sick leave: Medical certificates
Period extended for Company's right to
deduct overpayments
C:11
C:12
C:12
C:12
C:12
C:12
C:13
C:13
C:13
C:13
C:13
C:14
C:14
C:14
C:14
C:14
C:15
C:15
C:15
C:16
C.-16
C:16
C:16
C:17
C:17
C:17
C:17
C:18
C:18
C:18
C:18
C:18
C:19
C:19
C:19
C:19
C:19
C:19
448.
16
Long
service
leave:
Amendment
to C:20
continuous service provision for crew members
with time in the Armed Forces
Document revision: Various matters
C:20
17
Explanatory note
References in bold italics beneath provisions in this Section C
are references to clauses in Section B of the Agreement
1.
Salary package
1.1
Salary freeze
Salary freeze to 31 December 2002.
1.2
Profit share schemes
(a)
Qantas Incentive Scheme ("QIS")
Crew members will have access to the Qantas Incentive Scheme
("QIS"), a bonus scheme for the financial year 2001/02. The
benefit payable is:
* Based on a sliding scale of the Company's Profit Before Tax.
A 3% bonus is payable if the Company's Profit Before Tax equals
or exceeds $550m ("the target"). If profit is 95% of the target,
a 2% bonus will be paid. If profit is 90% of the target, a 1% bonus
will be paid. The sliding scale is set out below
Qantas Incentive Scheme Offer
PBT $m *
495
Bonus as % 1
Base
Salary
522.5 550
605
660
715
770
825
962.5 1100
2
4
5
6
7
8
9
3
10
* Net of incentive bonus cost, accounting charges and significant asset
sales
* Calculated on Base Salary received for the 2001/2002 financial
year (for the purpose of QIS, Base Salary for crew members is 1105
hours). Crew members are eligible to participate in QIS unless
they resign or are terminated due to serious misconduct.
(Note-Resignation does not include termination as a result of
total and permanent disability, redundancy, death or retirement).
Crew members who retire or terminate because of redundancy will
be paid a pro-rata amount based on how many months of the year
2001/2002 financial year they worked.
(b)
Future QAL/AIPA scheme
449.
Both parties agree to work together during the term of EBA5 to
evaluate (with a view to formulating) an appropriate scheme for
technical aircrew.
1.3
Check Pilots & FEOs: Change to method of payment
The method of payment for Check and Training Pilots and Flight
Engineers will be changed by increasing the hourly rates as
follows (regardless of the type of duty undertaken):
*
*
*
*
*
SCC/SCFEO Base Training qualified:
SCC/SCFEO:
C & T Pre Final & Final check qualified:
C & T:
CC/PTC/TFEO:
10%
8%
7%
6%
4%
* Personal training is at the increased hourly rate and
additional flight duty payment is as for a line crew member
* C & T pilot or FEO on a fixed roster line will be paid:
*
*
*
*
OR
*
A pro rata salary based on 1105 per 364 days;
Element 1 (overtime plus creep);
Personal training actually undertaken; and
Element 5 plus actual ODTA & ADTA allowing for adjustments
Actual earnings calculated as a PLH, whichever is greater.
* A Check crew member is required to undertake training as
directed by the Company except for the maintenance of recency.
A Check crew member is entitled to a minimum of 30 sectors
self-flying per annum.
Note:
1.4
Refer to clause 24.1.
PLHs below the standard window of hours
* PLHs with projected credited hours below the lower limit of
the standard window of hours will be classified as either Short
PLHs (via TCAM process) or Low PLHs (hand built line after TCAM
process), with pattern protection rules and open time priorities
identified.
Note: Refer to clauses 27.4.2(c) for Short PLHs and 27.4.2(d) for
Low PLHs, the definitions of "Short PLHs", "Low PLHs" and
"standard window of hours" in clause 7, and to the open time table
in clause 27.21.5.
* A crew member with a contained pattern line will be pattern
protected to the bottom of the standard window, with no
requirement to demonstrate that the contained pattern line caused
the shortfall.
450.
Note:
Refer to clause 27.4.2(e) and to the definition of
contained pattern line in clause 7.
* A PLH who bids lower than the lower limit of the standard window
will not be scheduled to exceed the credited hours value of the
crew member's pattern line when promulgated plus 5.
Note: Refer to clause 27.15.1(a)
1.5
Additional payment when assigned over divisor + 5
Where a crew member is assigned a duty that takes his or her
projected credited hours over divisor + 5, the crew member will
receive an additional payment of 1 hour for each credited hour
(pro-rated for time less than 1 hour) that remains over divisor
+ 5 at the end of the bid period. The Company will not exercise
the right to remove overprojection where the hours are caused by
these circumstances.
Note:
Refer to clause 25.3 and to the definition of "personal
divisor " in clause 7.
1.6
Additional payment for exceedence of planned limits
A crew member will receive an additional payment of 1 hour for
each hour (pro-rated) for any extension beyond planned Certified
Agreement flight & duty time limits.
Note:
1.7
*
Refer to clause 25.4.
Minimum daily credit
B767 Domestic
* An active minimum daily credit of 5:10 for B767 patterns applies
from the start of bid period 219 (17 June 2002).
* If the Active Phase of DPA does not proceed, the 5:10 active
credit for domestic patterns will continue subject to a suitable
offset being agreed between the parties. A period of 60 days after
the agreed introduction day for the Active Phase of DPA will be
allowed within which the parties will negotiate a suitable offset.
If any delay in relation to the implementation of the Active Phase
of DPA is caused by Qantas, the 5:10 active credit will still
continue without a suitable offset being required. However, if
any delay is caused by AIPA, the 5:10 active credit will only
continue for 60 days after the introduction day for the Active
Phase of DPA after which period it will only further continue
provided a suitable offset is agreed between the parties.
*
B767 International & B744/B747
451.
* As from the proposed introduction day of the Active Phase of
DPA (commencement of bid period 224 unless otherwise agreed
between the parties), an active minimum daily credit of 5:30 per
calendar day will apply for B767 international, B744 and B747
patterns.
* An active minimum daily credit of 5:30 will replace elapsed
time away credits.
Any further offset required with respect
to implementation of the minimum daily credit for each fleet, will
be negotiated between the parties prior to implementation.
* To provide the crew numbers necessary to facilitate the
introduction of the minimum daily credit, LOA150 will be extended
if necessary until approximately March 2003. The B767 contract
crew members will be maintained and increased in number if
necessary until the same date at the Company's discretion.
Maximum promotional training will continue on the B767 whilst
this arrangement is active.
* Any additional savings that can be identified up to the DPA
implementation date will be used to increase the amount of the
minimum daily credit or bring the implementation date forward or
both.
1.8
Increase in MGH
* MGH will be increased to 151 credited hours for pay purposes.
Superannuation salary will remain at 132 hours.
Note: Refer to the definition of minimum guaranteed hours ("MGH")
in clause 7.
* If the Association agrees to an increase in the divisor outside
that provided in this Agreement for a category or categories in
a particular bid period, there will be a commensurate increase
in MGH for the respective category or categories in that bid
period.
Note:
Refer to
clause
of clause 27.4.2(b) (i)
1.9
26.18.3
and
the
last sentence
BLHs & RLHs: Pay credits for annual & long service leave
Pay credits for annual & long service leave credits for BLHs/RLHs
will be the value calculated by dividing the bid period divisor
by 56 per day for pay purposes and MGH divided by 56 per day for
bid period limitation purposes. Further, for pay purposes for
BLHs/RLHs, these credits will be added to pro rata MGH or accrued
credited hours, whichever is greater.
Note: Refer to clause 26.12.3 (for annual leave pay) and clause
26.14.3 (for long service leave pay) and clause 27.15.1(f) for
bid period limitations.
452.
1.10
Simulator support sessions: Credited hours value
* A crew member will be credited with a payment of 4 hours (nexus
MGH/38) for a support simulator session.
* A crew member will be credited with a payment of 1 credited
hour for a simulator session where the required briefing
commencement time has passed and the session is cancelled.
Note:
Refer to clauses 27.15.9(d)(i) and (ii)
1.11 BLHs & RLHs: Personal training credits
All personal training credits for BLHs/RLHs will be paid as
passive credits (over and above MGH).
Note: Refer to the first sentence of clause 27.15.8
1.12
Standby duty: Credited hours value
Credits for standby duty will be 4 hours (nexus MGH/38) pro-rated
per 12 hour standby.
Note: Refer to clause 27.15.9(b)
1.13
Simulator sessions: Briefing time & credited hours value
* An additional half hour briefing time may be used during
promotional training simulator sessions, (taking the total
briefing & debriefing time to 1.5 hours).
* This additional briefing time will attract an additional 1:1
credit for a simulator support pilot if the additional briefing
time involves the support pilot.
Note: Refer to clause 27.15.9(d)(in)
1.14
Second Officer Fleet Pay
The parties will continue earnest negotiations aimed at arriving
at a common pay rate for Second Officers on all fleets.
2.
The Company is committed to provide the correct establishment of
aircrew. The definition of correct establishment is a
blank/reserve coverage to perform duties, with the intent that
every pattern line holder is provided with a high level of
stability of roster once published.
Considerations to be taken into account include coverage for
sickness, standbys, annual leave, unplanned/compassionate leave,
long service leave, licence renewal and training, simulator
453.
supports, trips dropped due over projection, supervisory
patterns dropped to open time, patterns dropped due conflict, ad
hoc charters and maintenance/paint job flights, aircraft
substitutions etc.
The Company states it will provide maximum training to drive
numbers to correct establishment, based on the relevant planning
divisor. Blank line coverage of 15% (additional to 11 1/2% for
annual leave) will be used for planning purposes.
This figure
will be fine tuned by the Company as experience dictates.
The Consultative meeting each bid period will include an analysis
of each previous bid period to identify and track problems with
establishment, and whilst the Company retains authority for
aircrew numbers, these numbers will be transparent and both
parties agree to work together to provide optimum crew coverage.
The Base Scheduling committee will be restructured to manage and
monitor optimum divisor/reserve coverage.
Note: Refer to clauses 27.2.2(f) & (g) and27.7.4.
3.
Scheduling
3.1
General
(a)
Transits for international trips longer than 6 days:
International trips longer than 6 days will not transit home base
on any day other than the first and last day of the pattern, on
a planned basis.
Note: Refer to clause 27.4.1(a)
(b)
Single days off option: The Company will provide the
facility for crew to have the option to reject or accept single
days off during pattern line construction.
Note: Refer to clause 27.4.2(h)
(c)
Restricting amendments to domestic patterns:
The
'X and Y' proposal as detailed in EBA4 is amended to contain
domestic patterns within a window of 4 hours before the original
sign-on time to 4 hours after the original sign-off time.
(d)
No disruption to international patterns: The Company
will give directions that patterns incorporating international
flying have flying built on the front end in a way that in
reasonably foreseeable circumstances will not unnecessarily put
at risk the pilot's ability to fly the international portion of
the pattern.
Note: Refer to clause 27.4.1(b)
454.
(e)
Pattern repair rules: The Company has confirmed that
the same pattern construction rules as agreed between the Company
and AIPA during the consultative process used to create patterns
will be used to repair patterns according to the schedule agreed
between the parties.
Note: Refer to clause 27.4.1(c)
3.2
Banking excess hours
A crew member whose projected credited hours by assignment
exceeds the bid period divisor (or, if applicable, personal
divisor) plus 5 hours may bank the excess hours rather than taking
them as pay and do any one of the following:
(i)
opt to be paid the hours banked (on written request
with sufficient notice in the day 29 pay); or
(ii)
use the excess hours to offset any pattern protection;
or
(iii)
at discretion of Aircrew Scheduling, use the hours
to drop a future pattern (may not be confirmed until normal
closure of open time for the pattern) provided the crew member
must indicate the desire to drop a particular future pattern
before the normal closure of open time with respect to that
pattern. Where a crew member changes category it will be the
dollar value of the credited hours which can be used in the higher
category; or
(iv)
at discretion of Aircrew Scheduling, have the excess
hours pre- allocated to a future bid period [with respect to which
the crew member can bid for flying as per normal bidding
arrangements] if the pilot does not have the ability to drop the
hours before the bid period ends. Where a crew member changes
category it will be the dollar value of the credited hours which
can be used in the higher category.
Note: Refer to clause 27.15.12 and the definition of personal
divisor in clause 7
3.3
Open time on CIS
Subject to timing and feasibility of program changes to ARMS, open
time not allocated after normal closure time will remain on CIS
until actually allocated and thus be available for "bidding",
with normal rules for late closure to apply.
3.4
Contactability
* A crew member who has date-limited pattern protection and has
been advised that he or she is entitled to pattern protection,
is required to contact the Company on the day prior to the
date-limited pattern protected occasion. The crew member must
also comply with the last DDFD call in procedure as detailed in
455.
clause 27.18.5. Any pattern or other duty as provided in clause
27.15.9 assigned under clause 27.16.5(j) are to take place during
the period of the pattern (or patterns or portions of patterns)
from which the crew member is removed or displaced. During the
period of the original pattern causing the date-limited pattern
protected occasion, the crew member will be available for contact
between 1700 and 1800 on each available day however such periods
can only be used for contact for the allocation of a duty
associated with the date-limited pattern protection.
Note:
Refer to clause 27.16.5(j)
* Where a crew member is downline disrupted and arrives home from
a pattern earlier than planned and has available days after MBTT,
the crew member will be subject to the contact periods mentioned
above on the first available day.
Note: Refer to clause 27.18.9
3.5
Any pattern protection of 30 minutes or less (resulting from a
schedule or aircraft gauge change) is not offsettable (i.e.
"fixed").
Note: Refer to clause 27.16.5(k)(ii) and the definition of fixed
pattern protection in clause 7
3.6
Priority in open time when pattern protection dropped
A crew member may drop pattern protection (but can not project
himself or herself below 132 hours without the Company's approval)
by advising Aircrew Scheduling within 36 hours of his or her first
contact with the Company or accessing CIS and accepting
notification of the pattern protection. The crew member will be
deemed to be a time available crew member and have Priority IB
status in open time to recover the dropped time available hours.
However, Priority IB will only apply to allow the crew member to
achieve credited hours up to the value to which the crew member
was projected prior to becoming pattern protected. The crew
member will have Priority 5 status in open time for projected
credited hours with respect to any bid for open time flying that
would take the crew member above the value to which the crew member
was projected prior to becoming pattern protected.
A crew member who drops pattern protection will be paid accrued
credited hours.
This provision will be trialed for 3 bid periods before the final
agreement can be made on the actual priority in open time. If at
the end of the trial, the parties cannot agree that the priority
should be between 1 and 2, further negotiations will take place
456.
in order to agree on an appropriate priority acceptable to both
parties.
Note: Refer to clause 27.16.4(Droppingpattern protection) and
the open time table in clause 27.21.5
3.7
Additional sectors after 15-4 contact obligation
The Company will not place additional sectors on the front end
of a pattern after the 15-4 contact obligation has been made,
without the crew member's agreement unless there is no other way
to crew the service. If sectors are added in such circumstances,
the flight hour value of the additional sector(s) will be paid
as an additional payment.
Note:
Refer to clauses 27.18.8 (Additional sectors after
15-4 contact obligation), 27.15.9(e) (Credits for additional
sectors after the 15-4 contact obligation) and 25.5 (Payment for
additional sectors after 15-4 contact obligation)
3.8
Standby: Call out fee & calculating tour of duty time
If a crew member, on standby, is called out and leaves home at
the Company's request but does not sign-on, the crew member will
be paid a call out fee of 3 credited hours additional to the
standby credit if at any time during the intervening period, the
Company cancels the call out.
Note: Refer to clause 27.15.9(b)(Hi) (Standby duty credit)
If a crew member on standby is called out but does not sign on
because the call out is cancelled, any calculations for any
subsequent tour of duty must commence from the cancelled proposed
sign on time if the callout is notified before 0730.
If a crew member on standby is called out but does not sign on
because the callout is cancelled, the Company may return a crew
member to the originally planned standby.
3.9
"Golden bid" flying can be pre-allocated
In a crew member's last bid period (or part of a bid period) of
flying before retirement, the crew member will be pre-allocated
a pattern of choice before crew bidding. Where two crew members
in the same category are competing for the same pattern, seniority
will determine.
Note: Refer to clause 27.6.3 (Pre-allocating a crew member's
"golden bid" flying before retirement)
3.10
Concessions/exemptions to FTL only implemented with
AIPA's agent
457.
Any concession or exemption to statutory flight time limitations
which has a general and ongoing effect, cannot be implemented
without the Association's prior agreement.
Note: Refer to clause 27.8.13 (Concessions by Aviation Regulatory
Authority)
3.11
'AV’ days trial
The parties agree to trial on the B744 fleet a system for 3 bid
periods based on the concept of 'AV’ days. This system will
incorporate:
* An agreed minimum number of pilots in each category on an AV
day per day
* Sufficient establishment in each category to provide the agreed
minimum number of pilots per day if each pilot is limited to one
AV day per BP
* A reversion plan to the current system or other agreed
alternative if a category reduces to a number which is not viable
for AV days
* Agreed variations to call-in requirements
3.12
Adequacy of MBTT for patterns with large time zone changes
Parties agree to research the adequacy of MBTT for patterns with
large time zone changes and, if appropriate, change MBTT.
3.13
4th simulator session
AIPA agrees to the Chief Pilot having discretion to re-introduce
the 4th simulator session per year on a fleet by fleet basis. If
so introduced, a 4 hour training credit will be paid in lieu of
the home study requirement and allowance, and any home study will
attract a 1:1 hourly credit (pro-rated for time less than one
hour).
Note: Refer to clause 27.15.8(f) (Personal training credits includes home study and/or 4th simulator session).
3.14
Early sign on for Route qualification/Recency/Control
checks/Training packages (e.g. contaminated runways)
The Company may nominate an earlier sign on time for:
* non-simulator route qualifications;
* control checks; and
* small periods of non-simulator training (e.g. contaminated
runways) for a maximum of half an hour
on the basis of payment for 1:1 credits for additional time, and
the tour of duty is based on the earlier (new) sign-on time.
458.
The Company may offer an earlier sign on time for recency in the
simulator. If the offer is accepted it will be on the basis of
payment for 1:1 credits for additional time, and the tour of duty
is based on the earlier (new) sign-on time.
Note:
3.15
Refer to clause 27.15.11.
Pattern protection for BLHs called off standby
Where a BLH is called off standby which causes a pattern to be
dropped in the following bid period, the pilot will be pattern
protected in that following bid period.
Note:
3.16
Refer to clause 27.19.5 (BLH called off standby).
Overprojection resulting from a standby call out
Both parties acknowledge the Company's ability to overproject a
pilot resulting from a call-out from standby.
3.17
LAX/MEL planned single sector operations (LOA146)
LOA146 will be amended to delete the "sunset" provision.
3.18
Calendar month bid periods if DPA does not proceed
The Company may introduce calendar month bid periods if DPA does
not proceed and such introduction will be valued and used as an
offset (if required) to maintain or increase a minimum daily
credit.
3.19
Four-pilot operations on the B744 SYD/DPS/SYD &
SYD/NRT/SYD
For patterns created after bid period commencement (i.e. not on
a pre-planned basis), the Company can schedule the following 4
pilot operations on the B744:
* SYD/DPS/SYD: Single tour of duty up to a max planned duty time
of 16 hours extendable to 20 hours.
* SYD/NRT/SYD: The minimum off duty period en route as specified
in clause 27.13 in Section B may be reduced to 12 hours.
NB.
The above patterns will only be constructed where
necessary after the commencement of the bid period.
3.20
Frankfurt slips
50% of Frankfurt slips can be reduced to the extent of an arrival
not later than 0830 on day 1 and departing 2000 or later on day
2, provided 4 pilot crew inbound and outbound, 2 days slip in Asia
459.
southbound and operating a direct service to home base. Nothing
in this paragraph prohibits a slip being reduced to 12 hours to
cover a downline disruption. In the case of a pilot deadheading
out of Frankfurt the minimum slip will be as set out above or as
required by clause 27.13 in Section B, whichever is the lesser.
3.21
London slips
London slips can be reduced to the extent of an arrival not later
than 0830 on day 1 and departing 2000 or later on day 2, provided
4 pilot crew inbound and outbound, 2 days slip in Asia southbound
and operating a direct service to home base. This offset is
available until the agreed introduction date for the Active Phase
of DPA (and any further period into the 60 day negotiation period
if required). Nothing in this paragraph prohibits a slip being
reduced to 12 hours to cover a downline disruption. In the case
of a pilot deadheading out of London the minimum slip will be as
set out above or as required by clause 27.13 in Section B,
whichever is the lesser.
3.22
Charters ex-London or ex-Frankfurt
Where a charter is required, slips in London or Frankfurt can be
reduced to not less than 36 hours for a crew not associated with
the charter and not less than 24 hours for the crew undertaking
the charter for their second slip in London or Frankfurt.
4.
4.1
Training blocks and freeze periods
Training blocks
Parties agree to amend LOA114 and incorporate agreed amendments
into clause 13 in Section B, including:
* To align the training period of 12 months with the Company's
business plan.
* New bids can be placed for additional vacancies due to increased
training requirements (i.e. Letters of Preference to be updated
at any time during a freeze period), provided that:
* any pilot released from a vacancy in that training year is not
eligible to participate for 12 months unless the pilot has been
released for genuinely compassionate reasons;
* any pilot who has already been allocated a vacancy will not
be released from that vacancy unless it was not the pilot's first
choice; and
* if the number of additional vacancies in a particular category
exceeds 7 and there is sufficient time to advertise, the
additional vacancies will be advertised.
* Additional vacancies due to training failures or withdrawals
will be filled from letters of preference held on file.
460.
* The Company may slide a pilot's training for any length of time.
If it is slid beyond the end of the training block, it is deemed
to be cancelled unless otherwise agreed between the Company and
AIPA.
* A pilot who has had a more junior pilot commence training before
him or her because the Company has adjusted training dates away
from exactly what his or her seniority and bid would have achieved,
is entitled to bypass pay to commence at the end of that training
year if the requirements of clause 13.5.2(b) are met.
Note:
Refer to clause 13.4 (Application of Seniority) for
various provisions relating to the advertising and allocation of
vacancies.
4.2
Freeze periods
The parties agree to a common freeze periods averaging 2.5 years
for all pilots. For a pilot who is awarded a vacancy in a training
year (year 1) the pilot is frozen on type until the expiry of 2
more training years (i.e. end of year 3). The freeze period will
be 18 months for pilots who are assigned vacancies measured from
when the pilot's status is issued for the new category. In the
case of a pilot who is bypassed the freeze period will be not less
than the period as for an assigned pilot unless otherwise agreed
by the Company. In the case of a pilot who is bidding for initial
command, the freeze period will be not less than the period as
for an assigned pilot unless otherwise agreed by the Company. In
the case of a pilot who has his or her training slid, if the
training commences in the original training year (year 1) the
freeze period will be as above until the end of year 3; if the
training is slid to commence in the next training year (year 2)
the pilot is frozen until the end of year 4.
Note: Refer to clause 13.6.4 (Freeze periods for category
changes).
5.
By pass
5.1
By-pass Pay
By-pass pay will be based on the higher of the pilot's pay
entitlements and the pay calculated in the new category based on
the following elements:
If the pilot would be a PLH in the new category:
* 1105
plus
* Element 1 (Additional flight duty payment and Creep)
If the pilot would be a BLH or RLH in the new category:
461.
* MGH or the average of accrued credited hours for BLHs and RLHs,
whichever is greater
plus
* A proportion of Element 1 (calculated as the average of the
actual hours of BLHs and RLHs in the category as a ratio to 170
hours)
Note:
5.2
Refer to clauses 13.5.4 (By-pass pay calculation).
Documentation
* Clause 2 of LOA86 as reactivated in EBA4 is amended to read:
"A proposal to by-pass a pilot must be for operational reasons
demonstrated to the Association and must not be arbitrary or
capricious".
* Clause 3 of LOA86 as reactivated in EBA4 is to have the words
"and no by-pass action will be taken until agreement has taken
place" deleted.
Note: Refer to clauses 13.4.19 (By-pass associated with
cancelled vacancy) and clause 13.5 (By-pass).
6.
6.1
Leave (Sick, Annual and Long service)
Converting sick leave between long and short hauls
Due to the differences in sick leave entitlements between hauls,
a conversion of accrued credits will be made according to the
formula agreed between the parties, when transferring between
hauls.
Note: Refer to clause 26.13.3.
6.2
New method for allocating annual leave
A new method for allocating annual leave, in accordance with
AIPA's proposal, will be administered.
Note: Refer to clauses 28.6, 28.7, 28.8, 28.9 and28.10.
6.3
New method for allocating long service leave
The method of allocating long service leave will be rewritten as
agreed between the parties acknowledging priority for those crew
members with the most outstanding long service leave accrued
during their employment with Qantas.
Note: Refer to clauses 29.6 (How long service leave is allocated).
6.4
"Golden" leave days of annual leave
462.
One or two 'golden leave' days (of annual leave) can be
pre-allocated once per year for each crew member provided that:
* A crew member has an entitlement to this provision before lines
are built;
* Approval of requests for 'golden leave' days after promulgation
of lines is at the Company's discretion if a crew member is pattern
protected and in other cases, still at Company discretion but will
not normally be refused (but if refused, the decision will be
reviewed by the Fleet Manager);
* Company's discretion for BLH/RLH;
* Max limit of 2 crew in any category on any day as an entitlement,
with any increase at the Company's discretion;
* The leave is taken as a passive credit;
* Provision not available during the period from 3 days before
Christmas until and including New years Day or from 3 days before
Good Friday until and including the Tuesday after Easter;
* A short line holder who avails this provision is not entitled
to pattern protection but this restriction will be removed in 12
months' time if it can be shown that the advent of golden leave
days has not significantly increased the Company's liability in
terms of short lines.
Note: Refer to clause 28.29 ("Golden " leave days pre-allocated).
7. Home Transport
Subject to feasibility, the Company will endeavour to facilitate
a train voucher system from Sydney domestic or international
terminals to the city for those crew who wish to substitute this
for a city transport entitlement.
8.
Alternate pax policy
The Alternate Pax Policy, as agreed between the parties, is to
be incorporated as a Scheduling Arrangement.
Note: Refer to S.A. 3A.
9.
AIPA Representation
9.1
LOA 115A and LOA 128 will be combined and re-written,
with LOA115A relief increased from 120 hours to 175 hours each
bid period (with accumulation of hours to a maximum bank of 350
hours).
Note: Refer to clause 45.
9.2
AIPA's President is entitled to relief from flying equal
to the bid period divisor for his or her category. Associated with
the office of the President, the President's designates will be
entitled to relief from flying equivalent to the credited hours
463.
allocated to the President for flying or leave, and to have that
flying pre-allocated.
Note: Refer to clauses 45.1, 45.2 and 46.4.
10.
Reduced value lines
Once beyond their normal retirement date, crew members may
nominate and subsequently bid for a reduced value line of 132
hours. This arrangement is limited to a maximum of 10 aircrew at
any one time. Any one individual can access a reduced value line
for a maximum total of 5 years. Pay will be for accrued credited
hours and scheduling rules will be developed between the parties.
The parties will further confer on the period of time that crew
members can access these arrangements.
11.
Traveling Allowances
The parties agree to amend the current meal/travelling allowance
system to incorporate APS (international) rates, DTA (domestic)
rates, time in port and credit card facilities and this will be
progressed as expeditiously as possible. SAR will be adjusted as
necessary to ensure there is no additional cost to the Company
and no loss of benefits to crew members.
12.
12.1
Probationary periods and bonds
The parties have agreed to amend the probation provisions to
reflect the Company's tendered proposal. Note: Refer to clause
12.5
12.2
Bonds
LOA142 will be extinguished, with the relevant contract of
employment provision amended to provide for a bond amount of
$30,000 for a period 3 years pro-rated from the date of
commencement of employment with the Company, with a let-out for
compassionate reasons.
Note: Refer to clause 12.11.
13.
13.1
Maternity leave
Consecutive periods of leave
Maternity leave provisions will be modified to provide that a
pilot is entitled to take two consecutive periods of maternity
leave and accrue leave entitlements for those two periods. If a
pilot decides to not return to duty after the expiry of two
consecutive periods of maternity leave, leave entitlements will
464.
cease to accrue. The pilot will then be required to return to work
for at least 9 months before taking further maternity leave with
leave entitlements.
Note:
Refer to clause 30.2.9 (Maternity leave (including two
consecutive periods of maternity leave) to count as continuous
service
13.2
Alternative duties
Maternity leave provisions will be modified to provide that a
pregnant pilot is entitled to be allocated to alternative duties
(i.e. Company no longer has discretion to allocate) and to provide
that no pilot who is allocated to alternative duties will be
disadvantaged with respect to pay or benefits (although rostering
and work rules will be those applying to the alternative duties).
Note: Refer to clause 30.2.16 (Alternative duties)
14.
Sick leave: Medical certificates
The sick leave provision will be reworded to reflect more clearly
that any patterns affected by non-certificated sick leave will
be unpaid.
Note: Refer to clause 31.3.10 (When a medical certificate is
required)
15.
Period extended for Company's right to deduct overpayments
The period within which the Company can recover overpayments to
crew member is to be increased from 6 to 12 months.
Note: Refer to clause 12.12.2 (Conditions to be satisfied before
any deduction can be made)
16.
Long service leave: Amendment to continuous service
provision for crew members with time in the Armed Forces
The long service leave provisions will be amended to reflect that,
with respect to crew members employed after 25 February 2002, time
in the Armed Forces will not count for service in relation to long
service leave entitlements with Qantas.
Note: Refer to clause 29.5.4
17.
Documentation revision
EBA5 documentation to be completed, including (but not limited
to) a number of revisions such as:
465.
17.1
Adoption of plain English document using simplified Safety
Net Award as basis, plus continuation of the rewrite of matters
deemed "not allowable" by AIRC.
Note: This is self-evident, i.e. the Agreement incorporating the
EBA5 bargain has been rewritten to clarify and simplify
provisions (with the inclusion of definitions, e.g. the meaning
of "divisor" and "pattern protection") and to remove obsolete
provisions.
17.2
The LOL contract of insurance is to be revised with agreed
wording to accommodate previously agreed changes.
Note: The LOL contract of insurance will be distributed to crew
members with the Schedules of Capital Benefit indexed in
accordance with the policy once the drafting of previously agreed
changes has been finalised.
17.3
Consolidation of the Certified Agreement (including but
not limited to the incorporation of relevant EBA 1, 2, 3 & 4
provisions and those LOAs (e.g. LOA106 re "midnight cut-off
rules" and contained lines, LOA 144 incorporating the agreed over
projection rule) and possibly S.A.S capable of incorporation into
body of contract, and the incorporation of electronic bidding
rules and associated software development into the Bid Line
Construction Agreement).
Note:
The
exercise to consolidate
the Agreement has
almost been completed, with the inclusion of a number of
provisions from EBAs 1 to 4, Letters of Agreement and Scheduling
Arrangements.
The second phase of consolidation will continue
to take place during EBA6 negotiations.
17.4
Revise Safety Net Award to increase rates by $17.00 per
week pursuant to 2001 Living Wage Claim decision [PR002001].
17.5
Devise new incremental scale for inclusion in Safety Net
Award, subject to approval of AIRC.
17.6
Review disciplinary matters within grievance procedures
to incorporate procedural fairness steps.
Note:
Refer to clauses 9.13.1 and 9.16.1.
17.7
Revise long service leave
&
remove
inaccurate provisions.
provision
generally,
Note: Refer to clause 29 and S.A.5
17.8
Telephone protocol (already agreed in principle, but
subject to being reworded to both parties' satisfaction) to be
included as a Scheduling Arrangement.
466.
Note:
Refer to S.A. 30
17.9
Include a LOA to mirror shorthaul LOA7 (ground training
conditions in shorthaul operations).
Note: Refer to LOA 145
DATED this
day of
2002.
SIGNED for and on behalf of
467.
Appendix 6: EBA6
(EBA6)
Section C:
Enterprise Bargaining Provisions
Index of clauses
Clause
Title
1
2
2.1
2.2
2.3
3
4
4.1
4.2
4.3
5
6
7
8
9
10
11
12
13
14
15
Execution
Term
Salary package
Pay increase
Future QAL/AIPA profit share scheme
Minimum Daily Credit ("MDC")
Elapsed time Away Credits ("ETAC")
Interim arrangements pending DPA
Pattern protection
Pattern reconstruction
B767 domestic rostering - Possible
alternative solutions
B744 Divisor
Extended obligation to offset pattern
protection occasioned by sick leave
Deadheading
Duty travel
Seating requirement for B737 duty travel
Short slips LHR
Electronic communications
Use of augmented crew on A330 subject to
agreed crew rest facility
Access for Captains to Qantas' Executive Car
Scheme
SCC/SCFEOs
clauses
Page
C:2
C:2
C:2
C:2
C:2
C:4
C:4
C:4
C:4
C:4
C:5
C:5
C:5
C:6
C:6
C:6
C:7
C:7
C:7
C:7
C:7
C:8
Explanatory note
References in italics beneath provisions in this Section C are
references to clauses in Section B of the Agreement
1.
Term
The agreed term is eighteen (18) months commencing on 1 January
2003 and expiring on 30 June 2004.
468.
2.
Salary package
2.1
Pay increase
Two pay increases, each of 3%, will be effective from the
following dates:1
*
*
1 January 2003
1 January 2004
The increases will be paid, respectively, on the first pay date
on or after the date of certification of the Agreement ("date of
certification") and on the first pay date on or after 1 January
2004.
Note: Refer to clause 23.2 for the line hourly rates of pay for
each aircraft type.
2.2
Future QAL/AEPA profit share scheme
Both parties will work together during the term of EBA6 to
formulate an appropriate profit share scheme for flight crew.
2.3
Minimum Daily Credit ("MDC")
2.3.1
A minimum daily credit ("MDC") of 5:30 will apply to all
ground duties (including, but not limited to, all personal
training duties, EPs, standbys and sim support sessions) from the
date of certification or 1 July 2003, whichever is earlier.
2.3.2
An active MDC of 5:20 will apply from the commencement
of bid period 226 (i.e. 14 July 2003) for all duties other than
ground duties across all fleets (subject to clause 2.3.4).
2.3.3
An active MDC of 5:30 will apply from the commencement
of bid period 228 (i.e. 3 November 2003) for all duties other than
ground duties across all fleets (subject to clause 2.3.4).
2.3.4
With respect to B767 domestic patterns:
1 Notwithstanding the expiry of the term on 30 June 2004, AIPA
acknowledges that the second pay increase of 3% on 1 January 2004
is in relation to the second 12 month period of the term, and there
will be no further pay increase for the period from 1 July 2004
to 31 December 2004.
(a)
an active MDC of 5:30 must apply from the start of bid
period 230 (i.e. 23 February 2004) for all duties other than
ground duties if, by week 2 of bid period 229, it is apparent upon
objective assessment of the Dynamic Pattern Allocation project
("DPA") by both parties that the Active Phase of DPA will not
469.
commence at the start of bid period 232. An agreed offset to the
cost will be provided.
(b) if, by week 2 of bid period 229, it is apparent upon objective
assessment by both parties that the Active Phase of DPA will
commence at the start of bid period 232, clause 2.3.4(a) will not
apply.
(c)
if, despite the objective assessment under clause 2.3.4(b)
that DPA will commence at the start of bid period 232, the Active
Phase of DPA does not in fact commence, an active MDC of 5:30 must
apply from the start of bid period 232 (i.e. 14 June 2004) for
all duties other than ground duties. An agreed offset to the cost
will be provided.
(d)
If the Active Phase of DPA commences at the start of bid
period 232 (or such earlier or later date agreed between the
parties) and subsequently at any time either party decides to
withdraw from the DPA project (in accordance with the terms agreed
between the parties), an active MDC of 5:30 must apply from the
start of the bid period immediately following the bid period in
which DPA ceases as a result of the withdrawal from the project.
An agreed offset to the cost will be provided.
(e) Notwithstanding any other provision herein, until an active
MDC of 5:30 is introduced in accordance with this clause 2.3.4
or the introduction of 5:40 under DPA, 5:10 will continue to apply
pursuant to clause 1.7 of EBA5 without an offset being required.
2.3.5
In recognition of the concessions provided by the
Association outside the Certified Agreement that result in cost
savings to the Company, the establishment and training costs
associated with the implementation of a MDC under this clause 2.3
will not be required to be offset.
Notes:
* Any reference to domestic flying in this Agreement means the
flying contained in the domestic bucket under DPA.
* Refer to the definition of MDC in clause 7 of Section B and
the main operative provisions about MDC in clause 27.15.6 (MDC
and Elapsed time away credits ("ETAC")). There are also
modifications to clauses 27.15.2 (Calculation of credited hours
for a bid period), 27.15.4 (Deadhead credits), 27.15.5 (Duty
period credits), 27.15.8 (Personal training credits) and 27.15.9
(Additional credits).
3.
Elapsed Time Away Credits (ETAC)
3.1
Coincident with the application of an active MDC of 5:20
on B767 international flying, elapsed time away credits will no
longer apply.
470.
3.2
on B747 and B744 flying, elapsed time away credits will no longer
apply.
3.3
for B767 domestic flying, elapsed time away credits will no longer
apply.
Note: Refer to clause 27.15.6 (MDC and elapsed time away credits
("ETAC")).
4.
Interim Arrangements pending DPA
Until an active MDC of 5:30 is introduced in accordance with
clause 2.3.4 or the introduction of 5:40 under DPA, the following
interim arrangements will apply in addition to a MDC of 5:10.
4.1
Pattern Protection
Pattern protection arising from X & Y patterning will be date and
time limited. Offsets to pattern protection can vary by 4 hours
outside the planned pattern period. This 4 hour variation can be
utilised at any time at either end of the pattern.
4.2
Pattern reconstruction
4.2.1
Patterns for domestic flying can be reworked in any way
provided that the 4 hour variable window is adhered to for each
pilot. The duration and destination of all domestic patterns can
be changed at any time.
4.2.2
Offers by the Company can be made if a pattern is built
outside the domestic period.
4.2.3
Hotel room provided for slips less than 12 hours in base.
4.3
A PLH can only have his or her pattern line disrupted under
Priorities 14 & 17 in the Open Time provisions once per bid
period.2
5.
B767 Domestic Rostering - Possible alternative solutions
With respect to B767 domestic flying, the parties agree to
continue to investigate possible alternative solutions to
achieve pattern efficiency, roster
2 The Company only agrees to a restriction on the use of
Priorities 14 & 17 on the basis that the Company's operations are
not compromised, i.e. where the application of the restriction
means a flight will be uncrewed, the restriction will not be used.
471.
stability and lifestyle improvements for B767 crew members and
dynamic rostering practices for the Company.
6.
B744 Divisor
On one occasion each calendar year, the Company can increase the
bid period divisor affecting each category (i.e. Captain, F/O,
S/O) on the B744 aircraft up to 180. The Company must demonstrate
to the Association's satisfaction that the increased divisor is
necessary to provide roster stability.
Note: Refer to clause 27.4.2(b)(1) (Pattern line construction Determining the number of pattern lines to be constructed for each
category at a base station — Dividing total credited hours by the
divisor).
7.
Extended obligation to offset pattern protection
occasioned by sick leave
7.1
Where a PLH reports unfit for duty within a bid period,
he or she will be pattern protected to day 56 of that bid period
or 28 days after reporting fit, whichever is the later. Where a
flight crew member's obligation to offset pattern protection
extends into the 28 day period referred to in this clause, the
duty allocated to offset that pattern protection will be
contained within the 28 day period.
7.2
Where a flight crew member is a BLH in the bid period
immediately following a bid period in which he or she reported
unfit for duty, the obligation to offset the resulting pattern
protection (i.e. the number of pattern protected hours and the
period of availability determined in clause 8.1) will be deferred
to his or her next pattern line.
Note: With respect to clauses 7.1 and 7.2, refer to clause
27.16.5(i) (Offsetting pattern protected hours - Offsettable
pattern protection: Crew member to be available for
offers/assignments to offset pattern protection for the duration
of the bid period (general circumstances)).
7.3 Where the flight crew member reports unfit for the whole
period of the pattern and subsequently provides a medical
certificate:
7.3.1
the sick leave credit will equal the credited hours
for the pattern; and
7.3.2
the flight crew member will not be pattern protected.
Note: With respect to clause 7.3, refer to clause 27.16.5(k)(iii)
(Fixed pattern protection: When pattern protected hours do not
have to be offset).
472.
7.4 Where the flight crew member produces a medical certificate
for part of the period of the pattern during which he or she
reported unfit:
7.4.1
the sick leave credit for each day that the flight
crew member is unfit, will be calculated in accordance with clause
27.15.7 in Section B of this Agreement;
7.4.2
for each day of the pattern that the flight crew member
is unfit, an additional sick leave credit will be calculated by
deducting the daily sick leave credit in 7.4.1 from the average
daily credit of the pattern; and
7.4.3
the total credits in 7.4.1 and 7.4.2 will be used
to offset pattern protection.
Note:
With respect to clause 7.4, refer to clause 27.15.7(d)
(Leave credits).
8.
Deadheading
The Company can schedule a flight crew member for deadheading duty
up to 26 hours provided that:
8.1
the duty is limited to two sectors;
8.2
the minimum scheduled off duty period enroute following
a deadheading duty in excess of 24 hours will be an amount equal
to the flight time plus the night flight hours measured from the
point of departure, or 20 hours whichever is the lesser; and
8.3
the flight crew member will be provided with first class
travel. Note: Refer to clause 27.9 (Duty limitations applicable
in deadheading).
9.
Duty travel
Flight crew can be deadheaded in economy class in accordance with
the provisions agreed between the parties.
Note: Refer to clause 36.4 (Crew members accepting other than
first class seating in particular circumstances) and clause 36.5
(Crew members accepting economy class seating in empty, all
economy class aircraft).
10.
Seating requirement for B737 duty travel
The Company is no
first two rows of
provided that the
in to ensure that
longer required to provide duty travel in the
business class on the B73 7-3 00/400 aircraft
Company must put procedures in place at check
seating is allocated to flight crew from the
473.
front to the rear of business class ahead of other upgradeable
duty staff.
11.
Short slips LHR
Notwithstanding the expiry of the term on 30 June 2004, the
reduction of slip time in London pursuant to clause 3.21 of EBA5
(and limited to one trip per day) will continue for a period of
two years commencing from bid period 226 (i.e. 14 July 2003).
12.
Electronic communications
12.1
The Company can electronically distribute the pattern
book to flight crew (in lieu of paper distribution), when it
incorporates improvements agreed between the parties.
12.2
When the Company's computerised systems can accommodate
it, all letters of preference are to be lodged electronically.
13.
Use of augmented crew on A330 subject to agreed crew rest
facility
13.1
Where the operation of the A330 aircraft requires an
augmented crew, the Company may use Second Officers to provide
the augmentation subject to clause 13.2.
13.2
Notwithstanding clause 27.8.11, any augmentation of A330
flight crew (i.e. using a Captain, First Officer or Second Officer
to provide the augmentation) can only take place if the agreed
crew rest facilities are provided.
14.
Access for Captains to Qantas' Executive Car Scheme
The Company will introduce a facility that enables Captains to
salary sacrifice for novated lease vehicles with a purchase price
above the luxury vehicle limit.
15.
SCC/SCFEOs
The parties have agreed upon new pay and conditions to apply to
SCC/SCFEOs (including the pre-allocation of simulator sessions
and a new method for bidding for flying).
Note: Refer to clauses 17.2 and 24 in Section B of the Agreement.
DATED this
day of
2003.
474.
SIGNED for and on behalf of Qantas Airways Limited
CAUTION
The Loss of Licence Insurance Policy set out below is subject to
approval by the insurer. The Policy is distributed for reference
purposes only and does not form part of the Certified Agreement.
LOSS OF LICENCE INSURANCE POLICY
31 MARCH 2005 TO 31 MARCH 2006
PART1:
INSURED
1.
CONTRACT OF INSURANCE BETWEEN THE INSURER AND THE
POLICY REPRESENTS THE ENTIRE CONTRACT
This policy represents the entire contract between the Insured
and the Insurer.
2.
INDEMNITY
In consideration of payment by the Insured to the Insurer of the
Premium shown in The Schedule, the Insurer agrees, subject to the
terms, conditions and exclusions set out in this policy, to
indemnify the Insured against loss arising from the Insured's
obligations to provide Loss of Licence benefits as agreed, to
Technical Aircrew Employees which occur during the Period of
Insurance.
3.
PREMIUM
3.1
Except in so far as Part 2 clauses 2.1 to 2.4
apply, the Premium payable will be an amount agreed in writing
between the Insured and the Insurer and the rates of Premium
payable by the Insured will remain fixed for the Period of
Insurance specified in The Schedule to this policy.
475.
3.2
The rates of Premium payable for any period subsequent
to the Period of Insurance will be determined by the Insurer and
may thereafter be the subject of further determination by the
Insurer from time to time upon giving 60 days notice to the Insured
of its intention to review the Premium.
4.
PREMIUM DUE DATE
The Premium will fall due and be payable on the Premium Due Date.
Where the Premium is not received by the Insurer within 90 days
of the Premium Due Date, this policy will terminate with effect
from that Premium Due Date, subject to clause 5.
5.
PAYMENT OF PREMIUM
Where it has been agreed in writing between the Insurer and the
Insured that the Premium is to be paid in two instalments, 50%
of the total annual Premium will be payable on the Premium Due
Date and the remaining 50% of the total annual Premium will be
payable six (6) months after the Premium Due Date.
6.
EXCESS
6.1
The Insurer will not be liable for any loss of
licence(s) benefits or Monthly Benefits within the meaning of
this policy that are under A$3,500,000 in any one Period of
Insurance, excluding the Death Benefit in Part 2, clause 3.3.
6.2
All loss of licence benefits under A$3,500,000
are the responsibility of the Insured, excluding the Death
Benefit Part 2 clause 3.3.
THE SCHEDULE
INSURER: World-Wide Reassurance Company Limited
INSURED: Qantas Airways Limited, Australian Airlines Limited,
Sunstate Airlines (QLD) Pty Limited, Southern Australia Airlines
Pty Limited and Eastern Airlines Pty Limited.
THE BUSINESS: Principally international and domestic airline
operators, including but not limited to cargo freight forwarders,
engineers, software developers, caterers, tour operators/travel
agents, owners and operators of major and remote airports and
associated passenger support facilities, owners and operators of
resort/hotels, property owners, investors and/or any other
occupation incidental thereto or in which the Insured may become
engaged during the Period of Insurance.
PERIOD OF INSURANCE:
31 March 2005 to 31 March 2006
476.
INTEREST INSURED: The Insured's obligation to provide Loss of
Licence benefits as agreed, to Technical Aircrew
GEOGRAPHIC LIMITS: Worldwide cover
PREMIUM: As agreed between the Insured and the Insurer
PREMIUM DUE DATE:
As notified by the Insurer to the Insured
PART 2: CONDITIONS GOVERNING APPLICATION OF THE CONTRACT OF
INSURANCE BETWEEN THE INSURED AND TECHNICAL AIRCREW EMPLOYEES
SECTION 1:
1.1
INTERPRETATION
Contract conditions
These conditions comprise part of the policy of insurance between
the Insured and the Insurer and govern the Loss of Licence
Insurance Agreement between the Insured and Technical Aircrew.
1.2
Conditions precedent
So far as the context will permit, all the terms of this policy
which require performance by the Insured or Technical Aircrew
Employees are conditions precedent to the Insurer to pay the
benefits set out in this policy.
1.3
Headings, grammar & references
1.3.1
Headings are included for ease of reference only
and are not intended to form part of the text of these conditions
or to be used as a guide to the construction of the various
clauses.
1.3.2
Where a word or phrase is defined, its other grammatical
forms have a corresponding meaning.
1.3.3
The singular includes the plural and vice versa.
1.3.4
Words implying a gender imply any gender.
1.3.5
A reference to any party in this policy or any other
agreement or document or attachment includes the party's
successors, substitutes or assigns.
1.3.6
A reference to any agreement or document or attachment
is to that agreement or document or attachment as amended, novated,
supplemented, varied or replaced from time to time by agreement
of the parties.
1.3.7
A reference to any legislation or any section or
provision thereof includes any statutory modification or
477.
re-enactment thereof or any statutory provision substituted
therefor and any ordinances, by-laws, regulations or other
statutory instruments issued thereunder.
1.4
Currency and Governing Law
This policy will be read, constructed and subject to the laws of
New South Wales and all monies payable under it are payable in
Australian currency.
1.5
Alterations or Variations
No alteration or variation of these conditions will be effective
unless made in writing by the Insurer with the written agreement
of the Insured.
1.6
Notices
In order to be effective any notice given pursuant to this policy
must be given in writing.
1.7
Definitions
The words listed below have the following meanings. Where they
are used in the policy, the first letter of the word appears in
capital letters and the word itself appears in bold print.
1.7.1
Age means the number of birthdays attained as at the
Date of Commencement of Disability.
1.7.2 Authority means the Civil Aviation Safety Authority or any
predecessor or successor body responsible for the granting,
validation, cancellation or suspension of Licences.
1.7.3 Aviation Medical Examiner means a medical examiner who is
appointed or designated by the Authority and is approved to issue
medical certificates for the issue or validation of a
Licence/Licences.
1.7.4 Capital Benefits means the amount payable under Part 2,
Section 3, clause 3.1.1 as indexed from time to time in accordance
with clause 3.4.
1.7.5 Date of Commencement of Disability means the date on which
the Authority cancels, suspends or refuses to renew a Technical
Aircrew Employee's Civil Aviation Medical Certificate.
1.7.6 Existing Technical Aircrew Employees means those permanent
employees of the Insured not employed pursuant to individual
service contracts (unless, pursuant to the relevant service
contracts, those employees are specifically covered under the
Insured's loss of licence policy) or on secondment from other
478.
airlines employed as Technical Aircrew as at 1st November, 1990
and holding a Licence then current, entitling them to serve as
Technical Aircrew on the Insured's aircraft.
1.7.7
Inflation Index means the indexation factor produced
by the formula:A
B
Where:
A is the latest Seasonally Adjusted Average Weekly Earnings (All
Employees Total Earnings) Indices published by the Australian
Bureau of Statistics prior to 1 November each year; and
B is the latest Seasonally Adjusted Average Weekly Earnings (All
Employees Total Earnings) Indices published prior to 1 November
in the year immediately preceding the publishing of A;
And PROVIDED THAT the sum produced cannot be less than one.
If the Australian Bureau of Statistics or its successor fails to
publish a Seasonally Adjusted Average Weekly Earnings (All
Employees Total Earnings) Index in any year the Insurer will
nominate the index which most nearly replaces it.
The effective date of indexation is 1 November each year.
1.7.8
Licence means any of the following licences granted
to Technical Aircrew Employees under the Civil Aviation Act 1988:
(a)
Airline Transport Pilot Licence;
(b)
Commercial Pilot Licence;
(c)
Flight Engineer Licence.
If the name or designation of any Licence is modified from time
to time by the Authority, the definition of "Licence" will include
such Licences as most nearly correspond to those listed above.
1.7.9
Medical Adviser means a medical practitioner nominated
by the Insurer.
1.7.10 Medical Referee means a specialist medical practitioner
with the appropriate qualifications and experience in the area
of medicine relevant to the matter of a dispute and who is not
the employ of the Insured or the Insurer.
479.
1.7.11
Monthly Benefits means any amounts paid by the Insurer
pursuant to clause 3.2.1.
1.7.12
Post-Injury Salary means the monthly rate of
remuneration of the Technical Aircrew Employee derived from his
or her employment with the Insured in any capacity following the
resumption of active duties with the Insured after the Date of
Commencement of Disability.
1.7.13
Pre-Injury Salary means the monthly rate of
remuneration of the Technical Aircrew Employee derived from his
or her employment with the Insured as a Technical Aircrew Employee
prior to the Date of Commencement of Disability as determined by
reference to the Technical Aircrew Employee's Group Certificate
but not including daily travelling allowance for the last
complete financial year preceding the Date of Commencement of
Disability. Where no such Group Certificate exists to which
reference may be made, the monthly rate of remuneration will be
the amount which the Insured in its discretion considers most
nearly corresponds to that amount.
1.7.14 Technical Aircrew Employees means those permanent
employees of the Insured not employed pursuant to individual
service contracts (unless, pursuant to the relevant service
contracts, those employees are specifically covered under the
Insured's loss of licence policy) or on secondment from other
airlines who hold a current Licence entitling them to serve on
the Insured's aircraft and who are obliged by law to hold such
a Licence in order to perform their employment duties with the
Insured.
SECTION 2:
INSURANCE
2.1
COMMENCEMENT
AND
TERMINATION
OF
Cover for Existing Technical Aircrew Employees
All Existing Technical Aircrew Employees are, subject to the
terms of this policy, entitled to benefits in the amounts in
accordance with the Schedule of Benefits.
2.2
Cover for new employees
Cover for a new employee commences from the date of commencement
of employment with the Insured as a Technical Aircrew Employee.
2.3
Cover for a new employee whose Licence was previously
lost on medical grounds
A Technical Aircrew Employee whose Licence was previously
accepted as permanently lost on medical grounds under this policy
or its predecessors, is entitled to coverage up to the maximum
limit as per Schedule B of the Schedule of Benefits, except for
480.
an illness or injury for which the Technical Aircrew Employee has
previously been paid the Capital Benefit under this policy or a
lump sum payment under this policy's predecessors. Coverage will
be extended to that provided under Schedule A of the Schedule of
Benefits unless either the Insurer, the Insured or the Australian
and International Pilots Association objects to this extension
of coverage.
2.4
Termination of Insurance
Insurance in respect of an individual Technical Aircrew Employee
will cease upon the earliest of the following events:
2.4.1
The date of payment of a Capital Benefit under this
policy to the Technical Aircrew Employee;
Or
2.4.2
The date on which the Technical Aircrew Employee's
employment ceased with the Insured unless a claim for benefits
under this policy has been received by the Insurer prior to the
date of cessation of employment;
Or
2.4.3
SECTION 3:
3.1
3.1.1
Termination of this policy.
BENEFITS
Capital Benefits - Lump Sum Payments
Conditions to be met for payment of Capital Benefits
Subject to the exceptions outlined in clauses 3.1.2 and 3.5, a
Technical Aircrew Employee will be paid the Capital Benefit
specified in Schedule A of the Schedule of Benefits provided the
following conditions are met:
(a)
the Technical Aircrew Employee's Licence or Licences
are invalid because the medical certification for the relevant
Licence has been cancelled or suspended or renewal of a Medical
Certificate has been refused by the Authority so that the
Technical Aircrew Employee is no longer licensed to serve as
Technical Aircrew on the Insured's aircraft;
AND
(b)
such cancellation, suspension or refusal to renew arises
from the failure of the Technical Aircrew Employee to meet the
medical standards set by the Authority in respect of the
validation of such Licence or Licences;
481.
AND
(c)
the medical condition giving rise to that failure is
unlikely to alter in a twenty four (24) month period from the Date
of Commencement of Disability, whether as a result of treatment
or otherwise, with the result that the Technical Aircrew Employee
will be unable to regain a valid Licence/Licences within the 24
month period,
PROVIDED THAT in no case will the benefit payable under this
clause exceed the Technical Aircrew Employee's Pre-Injury Salary
projected to his/her last known retirement date.
3.1.2
Deduction of payments made under Monthly Benefits
and/or the Qantas Personal Accident Scheme
A Technical Aircrew Employee who is entitled to a Capital Benefit
under 3.1.1 or Section 5 will be paid the amount of the entitlement
under the Schedule of Benefits less any payments previously made
to the Technical Aircrew Employee under 3.2.1 (or, where
applicable, under the Qantas Personal Accident Scheme) in respect
of the same disability. Such deduction will not be greater than
the relevant amount in Schedule B of the Schedule of Benefits.
3.2
3.2.1
Monthly Benefits
Insurer's discretion to pay Monthly Benefits
Where a Technical Aircrew Employee is unable to carry out normal
flight duty as a result of bodily injury or illness or natural
deterioration (i.e. medical condition of the body or part thereof
not attributable to any detectable clinical symptom or injury)
monthly Loss of Licence Insurance payments ("Monthly Benefits")
may be made under this policy to the Technical Aircrew Employee
as follows:
(a) At the Insurer's discretion, up to 1.5% per month of the
appropriate Capital Benefit specified in the Schedule of Benefits,
provided that at no stage will the payment of Monthly Benefits,
combined with payment for approved leave at half pay, payment for
ground duties, workers compensation, benefits under the Qantas
Personal Accident Scheme (where applicable) or any other payment
sponsored by the Insured, exceed his or her Pre-Injury Salary.
Such payments will commence upon the expiration of the Technical
Aircrew Employee's accrued entitlement to sick leave at full pay
or 90 consecutive days of disablement, whichever is the later.
Payments will continue for a period of 24 months or until the
Technical Aircrew Employee returns to duty, or dies, or is paid
the balance of the Capital Benefit in accordance with clause 3.1.1,
whichever occurs first.
482.
(b)
If the Insurer considers in its absolute discretion that
hardship may be imposed on the Technical Aircrew Employee and/or
his/her dependents if payments are not made, the Insurer may make
payments as provided in (a) above at any time following the
suspension, cancellation or refusal of renewal of the Technical
Aircrew Employee's medical certificate without having regard to
the period of ninety (90) days specified in (a) above.
(c)
Where the Technical Aircrew Employee claims the Capital
Benefit and is entitled to payment in accordance with 3.1.1,
he/she will be paid the balance of the Capital Benefits
irrespective of the number of Monthly Benefits that have been paid
up to that time.
(d)
If the Technical Aircrew Employee's medical certificate
is suspended, cancelled or its renewal is refused and/or the
Technical Aircrew Employee is absent from duty for medical
reasons on more than one occasion to a combined period exceeding
ninety (90) days, then the Insurer, in its discretion, may for
the purpose of commencing payments from the policy pursuant to
this clause treat such periods of suspension or absence as being
continuous.
(e) No payment from the policy will be made to any Technical
Aircrew Employee pursuant to this clause where the Technical
Aircrew Employee's salary and medical expenses have been or will
be paid without any deduction from such Technical Aircrew
Employee's sick leave credits unless the Insurer in its
discretion considers that in failing to make such payment undue
hardship would result to the Technical Aircrew Employee and/or
his/her dependents.
(f) The Insurer will not make any payments pursuant to this clause
unless and until the Technical Aircrew Employee applying for such
benefits has provided to the Insurer's satisfaction a statement
signed by an Aviation Medical Examiner indicating that the
Technical Aircrew Employee's medical condition is such as to
prevent him/her from returning to his/her normal flying duties.
Both the commencement and continuance of such payments will be
conditional upon satisfactory evidence being provided to show
that the Technical Aircrew Employee is taking all reasonable
steps to have his/her disability rectified.
3.2.2
Any benefit paid under 3.2.1 will not continue after
the date upon which, following a medical examination undertaken
under 4.2.1, the medical condition of the Technical Aircrew
Employee is such that he or she meets the relevant medical
standard for the validation of the Licence or Licences as
determined by an Aviation Medical Examiner.
483.
3.2.3
Payment of a Benefit under clause 3.2.1 will not
preclude the Technical Aircrew Employee from claiming a Capital
Benefit under clause 3.1.1.
3.3
Death Benefits
3.3.1
If a Technical Aircrew Employee dies from any cause
other than those listed under 3.5, the Insurer may pay to the
widow/widower and/or children or child or other dependent of the
Technical Aircrew Employee in such shares or proportion as the
Insurer determines the Capital Benefit specified in Schedule A
of the Schedule of Benefits less any amounts paid as Monthly
Benefits.
3.3.2
If the Insurer has made any payment in respect of
a Technical Aircrew Employee under clause 3.2.1, the total amount
of those payments will be deducted from any benefit otherwise
payable in respect of that Technical Aircrew Employee under
clause 3.3.1.
3.4
Indexation of Benefits
The Capital Benefits provided in the Schedule of Benefits of this
policy will be increased at the commencement of each Period of
Insurance by the Inflation Index and such revised Capital
Benefits will apply from the commencement of that new Period of
Insurance until the commencement of the next Period of Insurance
or such other time as agreed between the Insurer and the Insured.
3.5
Exclusions
No payment will be made under this policy in respect of any claims
arising in connection with:3.5.1
(a)
any war, whether declared or not, except whilst on duty
with the Insured;
(b)
any war, whether declared or not, except any disability
recognised by an Repatriation Authority, whether treatment is
currently being received or not;
(c)
National Service, while attached or loaned to any branch
of the armed services or having volunteered for active duty during
period of national emergency, unless specifically accepted by the
Insured.
PROVIDED HOWEVER where any medical condition arising in the
circumstances set out in subclause 3.5.1(a) if recognised by the
Commonwealth Department of Veteran's Affairs or its successor,
the Insurer may in its discretion make payment.
484.
3.5.2
Insurrection, riots, strikes, or civil commotions
except while the Technical Aircrew Employee is in the course of
duty with the Insured, or based, slipping or travelling in the
course of employment.
3.5.3
Suicide by the Technical Aircrew Employee.
3.5.4
Intentional self-injury, attempted suicide (whether
felonious or not), assault provoked by the Technical Aircrew
Employee, duelling, fighting (except in bona fide self-defence),
venereal disease, or from the Technical Aircrew Employee being
rendered less capable than usual of taking care of himself or
herself because of mental unsoundness or intoxication however
induced.
3.5.5
Deliberate exposure of the Technical Aircrew Employee
to exceptional danger (except in an attempt to save human life
or to prevent loss of, or damage to, aircraft equipment or any
other valuable property).
3.5.6
The Technical Aircrew Employee's own negligence or
misconduct if his or her employment with the Insured is
subsequently terminated solely on the ground of the Technical
Aircrew Employee's negligence or misconduct.
3.5.7
Bodily injury sustained whilst the Technical Aircrew
Employee is in a state of temporary insanity.
3.5.8
Flying on a crop dusting, seeding or spraying operation.
3.5.9
Taking part in any kind of automatic or motor cycle
race and/or rally other than with the written consent of the
Insured and declared by the Insured to the Insurer.
3.5.10
Epilepsy, except epilepsy as a result of an injury
or illness occurring whilst covered by this policy.
3.5.11
Psychosis or psychoneurosis, except that the Insurer
may, in its discretion and upon the advice of the Medical Referee,
make payment up to the amounts specified in the Schedule of
Benefits, relating to that Technical Aircrew Employee.
3.5.12
Performing flight duties in an aircraft, other than
whilst on duty with the Insured, without the written consent of
the Insured.
3.5.13
Any injury or illness sustained whilst suspended from
duty with the Insured if subsequently terminated by the Insured
on the grounds identical with any of the grounds for his or her
suspension.
485.
3.5.14
Any injury or illness occurring during an unauthorized
absence from duty.
3.5.15
Any injury or illness occurring whilst employed during
any approved period of leave of absence without pay unless such
employment has been notified to the Insurer and approved prior
to the period of leave of absence.
3.5.16
A pregnancy, illness or incapacity associated with
a pregnancy during the pregnancy and for a minimum period of three
months thereafter or until her Licence is medically revalidated,
whichever occurs last.
3.5.17
5.
SECTION 4:
4.1
A Classified Illness except as provided in Section
CLAIMS
Notice
4.1.1
If a Technical Aircrew Employee is suffering any
illness or injury which may reasonably be expected to result in
the Technical Aircrew Employee having his or her Licence
invalidated because his/her medical certificate is cancelled,
suspended or renewal refused and has been notified by the
Authority that cancellation, suspension or refusal to renew his
or her Licence may take place, the Technical Aircrew Employee will
within 30 days or as soon as reasonably practicable thereafter
notify the Insured in writing and complete a claim form provided
by the Insurer in the form specified by the Insurer from time to
time.
4.1.2
The Insured will immediately inform the Insurer in
writing upon receiving such advice of a potential claim from the
Technical Aircrew Employee and when received forward the
completed claim form and any other documents without delay to the
Insurer.
4.2
Medical Evidence
If requested by the Insurer, the Technical Aircrew Employee will:
4.2.1
submit to a medical examination by a Medical Adviser
or, if the decision of the Insurer with respect to a claim is
contested pursuant to clause 4.3, the Medical Referee;
and
4.2.2
supply a written authority or authorities entitling
the Insurer, the Medical Adviser and/or the Medical Referee to
obtain all such medical details concerning him or her as may be
required.
486.
4.3
Dispute of Medical Evidence
Disputes regarding the medical basis for payment of a claim under
3.1.1 will be referred to a Medical Referee/s for resolution. As
a Medical Referee is a medical practitioner, only disputes
relating to medical issues are to be referred.
4.4
4.4.1
Procedure for Referral to Medical Referees
A Medical Referee
A Medical Referee must not be the Medical Adviser appointed by
the Insurer except where another suitably qualified expert is not
available.
4.4.2
The referral process
(a)
The Insurer will appoint a Medical Referee ("the
Insurer's Medical Referee") and will bear the costs of the
Insurer's Medical Referee.
(b)
The Insurer and the Technical Aircrew Employee may
submit whatever material they consider appropriate to the
Insurer's Medical Referee.
(c)
The Technical Aircrew Employee will undergo a medical
examination by the Insurer's Medical Referee if required by the
Insurer.
(d)
The Technical Aircrew Employee will undergo reasonable
medical tests if required by the Insurer's Medical Referee.
(e)
The Insurer will ask the Insurer's Medical Referee
to address specific questions regarding the medical basis for
payment under the policy and request a decision. The Insurer will
advise the Technical Aircrew Employee of these questions.
(f)
The Technical Aircrew Employee may request the
Insurer's Medical Referee to address further relevant questions
and will advise the Insurer and the Insurer's Medical Referee of
these.
(g)
If the decision of the Insurer's Medical Referee
is accepted by the Technical Aircrew Employee, it will be binding
on the Insurer and the Technical Aircrew Employee.
(h)
If the Technical Aircrew Employee is dissatisfied
with the decision of the Insurer's Medical Referee, the Technical
Aircrew Employee may appoint a second Medical Referee ("the
Technical Aircrew Employee's Medical Referee").
487.
(i)
The Insurer and the Technical Aircrew Employee may
submit whatever material they consider appropriate to the
Technical Aircrew Employee's Medical Referee.
(j)
The Technical Aircrew Employee may undergo a medical
examination by the Technical Aircrew Employee's Medical Referee
and any reasonable medical tests.
(k)
The Insurer's Medical Referee and the Technical Aircrew
Employee's Medical Referee will then confer with a view to
providing a joint response to the questions posed and a joint
decision.
If a joint decision is provided, it will be binding
on the Insurer and the Technical Aircrew Employee.
(l)
If a joint decision is given in favour of the Technical
Aircrew Employee, the Insurer will pay the costs of both Medical
Referees.
(m)
If a joint decision is given in favour of the Insurer,
the Insurer will pay the costs of the Insurer's Medical Referee
and the Technical Aircrew Employee will pay the costs of the
Technical Aircrew Employee's Medical Referee.
(n)
If the two Medical Referees are unable to provide
a joint decision, they will appoint a third Medical Referee.
(o)
If the two Medical Referees cannot agree upon a third
Medical Referee, that Medical Referee will be appointed by the
then President of the Australian Medical Association or similar
such body after receiving submissions from the two Medical
Referees.
(p)
The Insurer's Medical Referee and the Technical Aircrew
Employee's Medical Referee will submit whatever material they
consider appropriate to the third Medical Referee.
(q)
The three Medical Referees will then confer with a
view to providing responses to the questions posed in (e) and (f)
above and making a decision. The decision of the majority of the
Medical Referees will be final and binding on both the Insurer
and the Technical Aircrew Employee.
(r)
If the decision of the majority of the Medical Referees
is in favour of the Technical Aircrew Employee, the Insurer will
pay the costs of all the Medical Referees. If the decision of the
majority of the Medical Referees is in favour of the Insurer, the
Insurer will pay the costs of the Insurer's Medical Referee and
half the costs of the third Medical Referee. The Technical Aircrew
Employee will pay the costs of the Technical Aircrew Employee's
Medical Referee and half the costs of the third Medical Referee.
488.
4.5
Conduct
4.5.1
The Technical Aircrew Employee will do all such things
which may
reasonably
facilitate
the
Technical
Aircrew
Employee regaining his or her medical certificate and/or
Licence/s including:
(a) making application to the Authority for a renewal of the
Technical Aircrew Employee's medical certificate and/or
Licence's, the issue of a new medical certificate and/or is
distributed for reference purposes only and does not form part
of the Certified Agreement.
Licence/s and/or the withdrawal of any suspension of his or her
medical certificate and/or Licence/s;
(b) attending such medical examination as may be required and
executing such other documents as may be necessary for that
purpose.
4.5.2 If the Insurer's decision to deny a claim under this policy
is contested, the Insurer may submit the claim to the Medical
Referee/s as detailed in 4.3.1. The Medical Referee's opinion
will be binding upon both the Insured and the Insurer provided
it is based upon expert medical evidence which would be admissible
in a court of law.
4.6
Mis-Statement of Age
4.6.1
A claim under this policy will not be refused solely
as a result of a mis-statement of age, provided that if, as a
result of applying the correct age, insurance in respect of the
Technical Aircrew Employee had not ceased under clause 2.4 at the
Date of Commencement of Disability.
4.6.2
Where due to any mis-statement of age, the amount
of the Capital Benefit does not correspond with that produced by
applying the correct age, the Capital Benefit payable will be that
which applied to the correct age.
SECTION 5:
5.1
CLASSIFIED ILLNESS
Purpose of Section
This sub-section is to protect the Insurer and the Insured against
fraud and/or feigned illness or injuries.
5.2
Definition of Classified Illness
A Classified Illness is an illness or incapacity which, following
an examination by a qualified registered medical practitioner or
qualified medical practitioners, is of such a nature as to be
489.
incapable of diagnosis. A qualified registered medical
practitioner is a medical specialist in the appropriate field of
medicine for the relevant Classified Illness.
5.3
Application of Monthly Benefits provisions where
a Technical Aircrew Employee remains employed as Technical
Aircrew
Where a Technical Aircrew Employee remains employed as Technical
Aircrew, Section 3,3.2.1 should apply.
5.4
Where a Technical Aircrew Employee has ceased
employment as Technical Aircrew
5.4.1
Where a Technical Aircrew Employee has ceased to
be employed as Technical Aircrew and makes a claim for payment
under Section 3 and such payment is refused under clause 3.5.17,
she/he will nevertheless be paid the amount specified in Schedule
B.
5.4.2
In addition to payment under clause 5.4.1,
(a)
The Insurer and the Insured by agreement may authorise
benefit payments up to the following limits:
(i)
Monthly Benefits for a period not exceeding:
A.
The end of twelve months from the date of commencement of
payments where the Technical Aircrew Employee has been a
Technical Aircrew member for five years or less, such payments
amounting to a maximum of 18% of the Capital Benefit specified
in Schedule C of the Schedule of Benefits.
B.
The end of twenty-four months from the date of commencement
of payments where the Technical Aircrew Employee has been a
Technical Aircrew member for more than five years, but less than
seven years, such payments amounting to a maximum of 36% of the
Capital Benefit specified in Schedule C of the Schedule of
Benefits.
C. The end of thirty months from the date of commencement of
payments where the Technical Aircrew Employee has been a
Technical Aircrew member for more than seven years. Such payments
amounting to a maximum of 45% of the of the Capital Benefit
specified in Schedule C of the Schedule of Benefits.
OR
(ii) Subject to the approval of the Qantas Medical Services
Director or his successor, a Technical Aircrew Employee will be
entitled to be paid a Capital Benefit equal to the of the Capital
Benefit specified in Schedule C of the Schedule of Benefits.
490.
Loss of Licence Capital Benefits
For the purposes of this Policy “Age” means the number of Birthdays attained as at the date of Loss of
Licence
Indexation
factor
2.60000% 2.80000% 3.10000%
Schedule A
3.00000%
2.30000%
3.20000%
3.90000%
4.40000%
3.70000%
5.50000%
3.00000%
See
Tapering
Table
(Clause
3.2 in
Section
C)
Inflation
Index
applies
Capital Benefits - Qantas Airways Limited
1994
Captains,
First Officers
and Second
Officers with
5 years
service as a
pilot
Flight
Engineer
Officer
Second Officer
with less than
5 yrs as a
pilot
Pilots and
Technical
Aircrew on
initial
training
and/or
probation
2.50000%
1999
1993
1995
1996
1997
1998
$
$
396,455 407,555
$
420,189
$
432,795
$
442,749
$
456,917
$
468,340
396,455 407,555
420,189
432,795
442,749
456,917
369,566 379,914
391,692
403,442
412,721
319,080 328,014
338,183
348,328
356,340
2000
2004
2001
2002
2003
Eff
1.1.05
Eff.1.06 Eff
1.11.08
$
486,606
$
508,016
$
526,813
$
555,788
$
572,461
$
629,707
$
692,678
468,340
486,606
508,016
526,813
555,788
572,461
629,707
692,678
425,929
436,577
453,603
473,562
491,084
518,093
533,636
586,999
645,699
367,743
376,936
391,637
408,869
423,997
447,317
460,736
506,810
557,491
$
491.
In Warlike Circumstances
Captains,
First
Officers,
Second
Officers and
Flight
Engineer
Officers
Pilots and
Flight
Engineer
Officers on
initial
training
and/or
probation
Schedule A
81,451
83,732
86,327
88,917
90,962
93,873
96,220
99,972
104,371
108,233
114,186
117,611
129,372
142,310
48,870
50,238
51,795
53,349
54,576
56,323
57,731
59,982
62,622
64,939
68,510
70,565
77,622
85,384
Eff
1.1.06
*
692,678
1993
Captains,
First Officers
and Second
Officers with
5 years
service as a
pilot
Flight
Engineer
Officer
Second Officer
with less than
5 yrs as a
pilot
Pilots and
Technical
Aircrew on
Initial
training
and/or
probation
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
$
$
313,136 321,904
$
331,883
$
341,839
$
349,702
$
360,892
$
369,914
$
384,341
$
401,252
$
416,098
$
438,984
$
452,153
Eff
1.1.05
$
629,707
313,136 321,904
331,883
341,839
349,702
360,892
369,914
384,341
401,252
416,098
438,964
452,153
629,707
692,678
286,248 294,263
303,385
312,486
319,674
329,903
338,151
351,339
366,798
380,369
401,289
413,328
575,636
633,199
235,762 242,363
249,876
257,372
263,292
271,717
278,510
289,372
302,105
313,282
330,513
340,428
474,109
521,521
Eff
1.11.06
$
492.
Capital Benefits - In Warlike Circumstances
Captains,
First
Officers,
Second
Officers and
Flight
Engineer
Officers
Pilots &
Flight
Engineers on
probation
81,451
83,732
86,327
88,917
90,962
93,873
96,220
99,972
104,371
108,233
114,186
117,611
163,795
180,175
48,870
50,238
51,795
53,349
54,576
56,323
57,731
59,982
62,622
64,939
68,510
70,565
98,275
108,103
2004
Eff
1.1.05
Schedule A
Capital Benefits - Qantas Airways
Limited
1994
1995
1996
1997
1993
$
$
Captains,
292,768 300,965
First Officers
and Second
Officers with
5 years
service as a
pilot
Flight
292,768 300,965
Engineer
Officer
Second Officer 269,960 277,519
with less than
5 yrs as a
pilot
1998
1999
2000
2001
2002
2003
Eff
1.1.06.
Eff
1.11.06
$
$
310,295
$
319,604
$
326,955
$
337,418
$
345,853
$
359,341
$
375,152
$
389,033
$
410,430
$
422,743
$
629,707
$
692,678
310,295
319,604
326,955
337,418
345,853
359,341
375,152
389,033
410,430
422,743
629,707
692,678
286,122
294,706
301,484
311,132
318,910
331,348
345,927
358,726
378,456
389,810
580,651
638,717
493.
Pilots and
Technical
Aircrew on
initial
training
and/or
probation
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Captains,
First
Officers,
Second
Officers and
Flight
Engineer
Officers
Pilots and
Flight
Engineer
Officers on
initial
training
and/or
probation
Schedule A
65,165
66,969
69,066
71,138
72,774
75,103
76,981
79,983
83,502
86,592
91,354
94,095
140,161
154,177
0
0
0
0
0
0
0
0
0
0
0
0
0
0
2004
Eff
1.1.05
Eff.1.06 Eff
1.11.06
2002
1993
1994
$
$
Captains,
272,397 280,024
First Officers
and Second
Officers with
5 years
service as a
pilot
Flight
272,397 280,024
Engineer
Officer
Second Officer 253,668 260,770
with less than
5 yrs as a
1995
1996
$
288,705
$
297,366
288,705
268,854
2003
1998
1999
2000
2001
$
304,206
$
313,940
$
321,789
$
334,339
$
349,050
$
361,964
$
381,872
$
393,329
$
629,707
$
692,678
297,366
304,206
313,940
321,789
334,339
349,050
361,964
381,872
393,329
629,707
692,678
276,920
283,289
292,354
299,663
311,350
325,049
337,076
355,615
366,284
586,409
645,050
$
494.
pilot
Pilots and
Technical
Aircrew on
initial
training
and/or
probation
0
0
0
0
0
0
0
0
0
Captains,
First
Officers,
Second
Officers and
Flight
Engineer
Officers
Pilots and
Flight
Engineer
Officers on
Initial
training
and/or
probation
65,165
66,989
69,066
71,138
72,774
75,103
76,981
79,983
83,502
0
0
0
0
0
0
0
0
0
0
0
0
0
0
86,592
91,354
94,095
150,643
165,707
0
0
0
0
0
TIFIMAGEPLACEHOLDER
For Scanned Image </a>
495.
Captains,
First Officers
and Second
Officers with
5 years
service as a
pilot
Flight
Engineer
Officer
Second Officer
with less than
5 yrs as a
pilot
Pilots and
Technical
Aircrew on
initial
training
and/or
probation
125,818 129,341
133,350
137,351
140,510
145,006
148,632
154,428
161,223
167,188
176,384
181,675
250,000
275,000
125,818 129,341
133,350
137,351
140,510
145,006
148,632
154,428
161,223
167,188
176,384
181,675
250,000
275,000
125,818 129,341
133,350
137,351
140,510
145,006
148,632
154,428
161,223
167,188
176,384
181,675
250,000
275,000
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Captains,
First
Officers,
Second
Officers and
Flight
Engineer
Officers
Pilots and
Flight
Engineer
Officers on
initial
training
and/or
probation
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
496.
Schedule A
1993
1994
1995
Captains,
First Officers
and Second
Officers with
5 years
service as a
pilot
Flight
Engineer
Officer
Second Officer
with less than
5 yrs as a
pilot
Pilots and
Technical
Aircrew on
initial
training
and/or
probation
1996
1997
1998
1999
2000
2001
2002
2003
2004
Eff
1,1.05
Eff
1.1.06
Eff
1.11.06
$
$
$
120,786 124,168
$
128,017
$
131,857
$
134,890
$
139,207
$
142,687
$
148,252
$
154,775
$
160,501
$
169,329
$
174,409
$
191,849
$
211,035
120,786 124,168
128,017
131,857
134,890
139,207
142,687
148,252
154,775
160,501
169,329
174,409
191,849
211,035
120,786 124,168
128,017
131,857
134,890
139,207
142,687
148,252
154,775
160,501
169,329
174,409
191,849
211,035
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
Captains,
First
Officers,
Second
Officers and
Flight
Engineer
Officers
Pilots and
Flight
Engineer
497.
Officers on
initial
training
and/or
probation
Schedule A
1993
Captains,
First Officers
and Second
Officers with
5 years
service as a
pilot
Flight
Engineer
Officer
Second Officer
with less than
5 yrs as a
pilot
Pilots and
Technical
Aircrew on
initial
training
and/or
probation
1994
2003
1995
1996
1997
1998
1999
2000
2001
2002
$
$
100,654 103,472
$
106,680
$
109,881
$
112,408
$
116,005
$
118,905
$
123,542
$
128,978
$
133,750
$
141,107
100,654 103,472
106,680
109,881
112,408
116,005
118,905
123,542
128,978
133,750
100,654 103,472
106,680
109,881
112,408
116,005
118,905
123,542
128,978
0
0
0
0
0
0
0
0
0
0
0
2004
Eff.1.05 Eff
1.1.06
Eff
1.11.06
$
145,340
$
145,340
$
159,874
$
141,107
145,340
145,340
159,874
133,750
141,107
145,340
145,340
159,874
0
0
0
0
0
0
0
0
0
0
0
0
Captains,
First
Officers,
Second
Officers and
Flight
Engineer
Officers
0
0
0
0
0
498.
Pilots and
Flight
Engineer
Officers on
initial
training
and/or
probation
0
0
0
0
0
0
0
0
0
0
0
0
0
0
(EBA7)
499.
Section C: Enterprise Bargaining Provisions
Index of clauses
Clause
Title
1
2
Term
Salary
2.1
Pay increases
2.2
Future Qantas/AIPA Productivity Task Force
3
Loss of Licence Insurance Plan
3.1
Increase in Schedule A Capital Benefits
3.2
Tapering of Schedule A Capital Benefits
deferred
4
Superannuation - Choice of Fund
5
Agreed Steps for managing assignment of Long
Service Leave
6
Additional clauses for managing assignment
of Annual Leave
7
B767 Domestic Rostering - Continuation of
5:30 Minimum Daily Credit ("MDC")
8
A380 Introduction
9
Singapore Basing
10
Offsets
10.1 Short slips LHR
10.2 B744 Divisor
10.3 Pattern Protection
11
Operational Efficiencies
11.1 Rotation of Category A & B Flight Crew to the
line
11.2 Planning provision for recency days
11.3 Training past midnight
11.4 Simulator briefing times
Execution clauses
Appendix: LOA167 (B744 Second Officer Singapore Basing)
Page
C:2
C:2
C:2
C:2
C:2
C:2
C:3
C:4
C:4
C:4
C:5
C:5
C:6
C:6
C:6
C:6
C:7
C:7
C:7
C:7
C:7
C:8
C:8
C:9
Explanatory note
References in italics beneath provisions in this Section C are
references to clauses or Letters of Agreement in Section B of the
new Certified Agreement
1.
Term
The term is two (2) years commencing on 1 January 2005 and expiring
on 31 December 2006.
500.
2.
Salary
2.1
Pay increase
Two (2) pay increases for the amounts specified below will be
effective from the following dates:
*
*
10 January 2005 - 3%
26 December 2005 - 3%
The first increase will be paid retrospectively to 10 January 2005,
being the first pay period on or after 01 January 2005. Actual
flight crew payments will be arranged by Qantas as soon as
practically possible on or after the date of certification of the
Certified Agreement. The second increase will be paid on 26
December 2005.
Note: For updated pay rates applicable as at 1.1.05 and 1.1.06,
refer to:
* Clause 23.2 for the applicable line hourly rates of pay
* Clause 23.3 for the rate of pay for Trainee Second Officers
* Clause 23.4 for the rate of pay for FEOs under initial training
* Clause 23.5.3 for annualised base pay figures for salary
sacrificing
2.2
Future Qantas/AIPA Productivity Task Force
The parties have agreed to form a productivity task force with
the objective of identifying changes that can produce increased
flight crew utilisation and cost reduction. The specific
intention of this initiative is to enhance future employment
sustainability for flight crew whilst also generating measurable
productivity-based financial rewards.
3.
Loss of Licence Insurance Plan
Effective from 1 January 2005, Qantas agrees to make the
following improvements to the Qantas Loss of Licence Insurance
Plan (the Plan).
3.1
Increase in Schedule A Capital Benefits
Increase Schedule A Capital Benefits by 20%, implemented in two
equal increments (with the first increment applying on and from
1 January 2005 and the second increment applying on and from 1
January 2006). The annual indexation of capital benefits under
the Plan will continue except that the indexation calculation on
1 November 2005 will not apply.
501.
3.2
Tapering of Schedule A Capital Benefits deferred
The tapering of Schedule A Capital Benefits will be deferred so
that tapering commences from age 55 through to age 60, rather than
commencing from age 50 through to age 60. The new figures arising
from the deferral will be increased in accordance with clause 3.1
of these Terms of Settlement as set out in the table below.
Table of Tapering Schedule A Capital Benefits
incorporating increases effective from
1.1.05 and 1.1.06
Age
Current
Effective
1.1.05
Effective 1.1.06
49
$572,461
$629,707
$692,678
50
$452,153
$629,707
$692,678
51
$422,743
$629,707
$692,678
52
$393,329
$629,707
$692,678
53
$296,028
$629,707
$692,678
54
$266,656
$629,707
$692,678
55
$237,282
$380,000
$418,000
56
$201,775
$305,000
$335,500
57
$181,675
$250,000
$275,000
58
$174,409
$191,849
$211,035
59
$145,340
$145,340*
$159,874*
60
$0
$0
$0
* The figure at age 59 has been held constant for the 1.1.05
increase (and is not a linear tapering) to avoid disadvantage to
that age group.
Note: Refer to the updated Loss of Licence Insurance Plan in
Section B.
4.
Superannuation - Choice of Fund
Pursuant to Letter of Agreement 169 (LOA169) between the parties,
executed on 10 May 2005, Qantas agreed to make available to flight
crew members a choice of superannuation fund from 1st July 2005
in accordance with the terms of LOA169.
Note: Refer to LOA169 for the agreement between the parties.
502.
5.
Agreed steps for managing assignment of Long Service Leave
Qantas acknowledges that the assignment of long service leave
will only be used as a mechanism of last resort in the management
of flight crew surpluses. Therefore, the following steps 1 to 9
(in that order) will be used to underpin the future assignment
of long service leave:
1.
Bid period divisor variation (refer clause 27.4.2(b)(i)
of the Certified Agreement)
2.
Awarded long service leave (refer clause 29 of C/A)
3.
Awarded annual leave (refer clause 28 of C/A)
4.
Assigned annual leave (refer clause 28 of C/A, S.A. 7 and
clause 11.1 of these Terms of Settlement)
5.
Assigned annual leave below the threshold specified in
clause 28.14.2 of C/A (subject to agreement between the parties)
6.
Assigned long service leave
7.
Voluntary agreement (between Qantas and the pilot) for
payment in lieu of annual leave in excess of statutory
entitlements
8.
Reduction in numbers (refer clause 16.5 of C/A)
9.
Redundancy (refer clause 12.9 of C/A and LOA154).
Note: Refer to clause 29.6.8 in Section B.
6.
Additional clauses for managing assignment of Annual Leave
The annual leave provisions will be amended to reflect the
following:
6.1
In addition to the entitlement to bid for leave slots
under clause 28.9 of the Certified Agreement, a flight crew member
who has excess leave of four weeks or more can submit a further
bid for leave slots.
6.2
No bid period divisor will be raised above the planning
divisor for the relevant fleet to accommodate the assignment of
leave. Planning divisor for the relevant fleet means:
6.2.1
6.2.2
for the B744,175 hours; and
for the A330, B747 and B767, 170 hours.
6.3
If, despite compliance with clause 27.7.4, Qantas is
short of flight crew for a bid period, flight crew who have been
assigned leave will be asked (in reverse order that the assigned
leave was allocated) to relinquish that leave in blocks of two
weeks to the extent required to provide stability of planned
pattern lines.
503.
6.4
Paragraph 6 of S.A.7 is varied to provide that the maximum
amount of excess leave that can be assigned is:
6.4.1
four (4) weeks each bid period (where the excess leave
is equal to or exceeds 78 days); and
6.4.2
two (2) weeks each bid period where the excess leave is
equal to or less than 77 days.
6.5
If planned leave is not joined with assigned leave in
the same bid period, Qantas will not unreasonably refuse a flight
crew member's request to have either:
6.5.1
the planned leave and the assigned leave joined; or
6.5.2
the planned leave and the assigned leave separated by
at least two weeks to facilitate recency flying.
6.6
Where a crew member's leave is cancelled, the Company
will not unreasonably refuse his/her request to take leave at a
time nominated by the crew member.
Note: Refer to clauses 28.9.3 and 28.30 in Section B.
7.
B767 Domestic Rostering - Continuation of 5:30 Minimum
Daily Credit ("MDC")
Pursuant to Letter of Agreement 162A executed on 21 February 2005,
the parties have agreed to:
7.1
permanently implement the Minimum Daily Credit (MDC)
with respect to B767 domestic patterns;
7.2
mutually withdraw from the Dynamic Pattern Allocation
project (DPA);
7.3
introduce
28
day/calendar month
bid
periods
for B767
operations
in accordance with Clause 3.18 of EBA
5; and
7.4
associated scheduling and pay conditions that will apply
to B767 operations. Note: Refer to LOA162A for the agreement
between the parties.
8.
A3S0 Introduction
8.1
The parties agree to finalise negotiations as soon as
practicable on all matters pertinent to the introduction of the
A380 aircraft into Qantas' operations.
8.2
The parties acknowledge that all matters pertinent to
the introduction of this new aircraft type will be dealt with
504.
under Clause 40 of the Qantas Airways Ltd Flight Crew (Long Haul)
Certified Agreement (the Certified Agreement) and Clause 13 of
the Qantas/Australian Airlines Integration Award 1994.
9.
Singapore Basing
9.1
The parties agree on the implementation of a Singapore
Basing (the Basing) for B744 Second Officers subject to the terms
of this clause.
9.2
Vacancies in the Basing will be available to existing
B744 Second Officers (S/Os). Trainee Second Officers (TS/Os) will
be assigned to any unfilled vacancy in accordance with the
Certified Agreement.
9.3
The planned duration of the Basing will be a minimum of
two (2) years with a maximum of three (3) years. The planned
duration may be extended by agreement between Qantas and the pilot
but in any event, the Basing will not extend beyond four (4) years
unless otherwise agreed between Qantas and the pilot.
9.4
Flight crew allocated to the Basing will be covered by:
9.4.1
the pay and conditions in the Certified Agreement; and
9.4.2
such terms and conditions agreed between the parties in
LOA167 to vary the Certified Agreement.
9.5
Flight crew allocated to the Basing will, at the
commencement of the Basing, be paid a relocation payment of
$15,000.
9.6
The terms and conditions agreed between the parties only
relate to the Basing in Singapore and are without prejudice to
the terms and conditions that may be agreed between the parties
in relation to any other basing.
Note: Refer to LOA167 (attached) for the agreement between the
parties.
10.
10.1
Offsets
Short slips LHR
The parties agree to permanently continue the short slip in LHR
arrangements (as per clause 3.21 of EBA5 and clause 11 of EBA6).
Note: Refer to the exception in clause 27.13.8 in Section B.
505.
10.2
B744 Divisor
10.2.1 Notwithstanding clause 27.7.4, on two (2) occasions each
calendar year, Qantas can (after consultation with AIPA) increase
the bid period divisor affecting each category (i.e. Captain, F/O,
S/O) on the B744 aircraft above 175 and up to 180.
10.2.2 The last sentence of clause 27.4.2(b)(i) in the Certified
Agreement will be replaced with: "Any increase in the bid period
divisor above 175 on the B744 and above 170 on any other aircraft
type for any category in any particular bid period will result
in a commensurate increase in MGH for the respective category in
that bid period".
Note: Refer to clause 27.4.2(b)(i) in Section B.
10.3
Pattern Protection
Clause 27.16.5(f)(i) will be varied so that the maximum number
of offsets available to Qantas for each pattern-protected
occasion, is two.
Note: Refer to clauses 27.4.2(f)(ii)(1) and 27.16.5(f)(i) in
Section B.
11.
11.1
Operational Efficiencies
Rotation of Category A & B Flight Crew to the line
Clause 17.2.21(a) will be varied so that the timing of a
SCC/SCFEO's rotation to the line will be subject to Qantas'
discretion depending upon any increased training requirements,
but in any event the time between two rotations for each SCC/SCFEO
will not exceed 12 bid periods (unless the SCC/SCFEO agrees
otherwise) and the opportunity to rotate back to the line will
be made available as soon as possible after the entitlement
accrues.
Note: Refer to clause 17.2.21(a) in Section B.
11.2
Planning provision for recency days
11.2.1 Where flight crew have allocated leave of 35 days or more,
two 'A' days will be placed on their bid line immediately after
the leave to allow for recency training prior to the allocation
of patterns.
11.2.2 If one day of recency is required, the recency (or cyclic)
session will be scheduled for the second 'A' day and the first
'A' day will be left free for study.
506.
11.2.3 The contactability requirements for flight crew allocated
'A' days for recency purposes will be those that normally apply
to 'A' days.
11.2.4 If a flight crew member successfully bids for 'X' days
immediately after the leave and recency days, he/she will be
permitted to swap the 'X' days and recency days to allow the leave
and 'X' days to be joined. In order to avoid any delays in the
allocation of recency training, Qantas may implement a procedure
under which any request to swap X days with recency days must be
made before bid lines are published.
Note: Refer to clause 27.4.2Q) in Section B.
11.3
Training past midnight
Despite the definition of MDC in clause 7 of the Certified
Agreement, where utilisation of the flight simulators requires
a training session in a flight crew member's base station to span
midnight (two calendar days) the applicable credit will only
attract one MDC provided clause 37.9.2(a) is varied to read:
"Sessions will not be conducted between the hours of 2359 and 0500
local time except in the circumstance where a cyclic training
session must be undertaken for the purpose of recency and no other
session time is available before the recency expires."
Note: Refer to clause 37.9.2(a) in Section B.
11.4
Simulator Briefing Times
11.4.1 Clause 37.9.1 will be varied so that the total briefing
and debriefing time for cyclic and simulator training may be
increased to 1.5 hours to match the agreement for promotional
training.
11.4.2 Clause 37.9.2(b) will be varied to include an additional
15 minutes of non-assessable briefing time relevant to the
session to be undertaken if needed. Debriefing time may include
an additional 15 minutes, up to a maximum of 30 minutes.
Note: Refer to clauses 37.9.1 and 37.9.2(b) in Section B.
DATED the
day of
2005
SIGNED by
SIGNED by
Sue Bussell
Captain Robin Holt
AUSTRALIAN AND INTERNATIONAL
PILOTS ASSOCIATION
507.
Appendix to Section C
LOA167 (B744 Second Officer Singapore Basing)
Refer to LOA167 in Part 12 of Section B.
508.