Tigerair Australia Pilots' Enterprise Agreement 2018
Tigerair Australia Pilots' Enterprise Agreement 2018
1 Tigerair Australia Pilots’ Enterprise Agreement 2018
2 Tigerair Australia Pilots’ Enterprise Agreement 2018 Table of Contents 1 TITLE ___ 4
2 PARTIES ___ 4
3 DURATION ___ 4
4 APPLICATION ___ 5
5 MANAGEMENT PILOTS ___ 5
6 RENEGOTIATION ___ 6
7 NO EXTRA CLAIMS ___ 6
8 TIGER PILOTS CONSULTATIVE COMMITTEE ___ 6
9 CONSULTATION ___ 7
OPERATIONAL PROVISIONS ___ 8
10 FLEXIBILITY CLAUSE ___ 8
CLASSIFICATION AND LOCATION ___ 10
11 A PILOT’S CLASSIFICATION ___ 10
12 A PILOT’S HOME BASE ___ 10
13 DUAL SIGN ON BASE ___ 10
14 LOSS OF LICENCE COVERAGE ___ 11
15 INDEMNITY ___ 11
INCIDENTS & INVESTIGATIONS ___ 11
16 DISCIPLINARY INVESTIGATIONS ___ 11
17 DISCIPLINARY AND TRAINING RECORDS ___ 13
18 SAFETY INVESTIGATIONS ___ 13
DISPUTE SETTLEMENT PROCESS ___ 14
19 PROCESS ___ 14
20 TRAINING ___ 15
21 CATEGORIES OF EMPLOYMENT ___ 16
22 TIGERAIR PILOTS’ LIST ___ 17
23 STAND DOWN PROVISION ___ 17
24 HOURS OF WORK AND ROSTERING ___ 17
25 CAREER PROGRESSION AND TRANSFER OPPORTUNITIES ___ 18
26 CAREER PROGRESSION PROCESS ___ 19
27 TRANSFERS (PERMANENT OR TEMPORARY) BETWEEN BASES ___ 22
28 REMUNERATION AND SALARIES STRUCTURE ___ 22
29 ALLOWANCES ___ 25
30 ACCIDENT MAKE-UP PAY ___ 30
31 DUTY TRAVEL ___ 30
32 SUPERANNUATION .
3 33 ANNUAL LEAVE AND PUBLIC HOLIDAYS ___ 32
34 PERSONAL LEAVE ___ 33
35 UNPAID CARER’S LEAVE AND COMPASSIONATE LEAVE ___ 34
36 UPPER RESPIRATORY TRACT INFECTION (URTI) LEAVE ___ 34
37 ILLNESS WHILST ON DUTY ___ 34
38 PARENTAL LEAVE ___ 34
39 JURY LEAVE ___ 35
40 LONG SERVICE LEAVE ___ 35
41 UNPAID LEAVE ___ 36
42 DOMESTIC AND FAMILY VIOLENCE LEAVE ___ 36
43 DEFENCE LEAVE ___ 36
44 NATIONAL EMPLOYMENT STANDARDS (NES ___ 37
OTHER PROVISIONS ___ 37
45 CONTINUITY OF SERVICE AND LEAVE ACCRUALS ___ 37
46 SECONDMENTS ___ 37
47 FLEET TRANSITION AND REPLACEMENT ___ 38
48 BOND AND ENDORSEMENT ARRANGEMENTS ___ 38
49 OTHER WORK AND PRIVATE FLYING ___ 40
REGULATORY MATTERS ___ 40
51 PASSPORTS ___ 40
52 TERMINATION ___ 40
53 REDUNDANCY ___ 41
APPENDIX A: Seniority and Upgrade Protocol ___ 43
APPENDIX B: Roster Rules ___ 48
APPENDIX C: Part Time Employment ___ 59
APPENDIX D: Job share arrangements ___ 61
APPENDIX E: International Operations ___ 63
APPENDIX F: Definitions ___ 65
w 4 GENERAL 1 TITLE This Agreement is called the Tigerair Australia Pilots Enterprise Agreement 2018 (herein referred to as "this Agreement"). 2 PARTIES 2.1 The parties to this Agreement are: (a) Tiger Airways Australia Pty Ltd (Tigerair); (b) the Australian Federation of Air Pilots (AFAP), subject to application being made by them in accordance with section 183 of the Fair Work Act to be covered by the Agreement; (c) VIPA, subject to application being made by them in accordance with section 183 of the Fair Work Act to be covered by the Agreement; (d) any other bargaining representative, subject to application being made by them in accordance with section 183 of the Fair Work Act to be covered by the Agreement; and (e) all Pilots employed by Tigerair (Pilots).
3 DURATION 3.1 This Agreement commences seven (7) days after approval by the Fair Work Commission (FWC) (Commencement Date). 3.2 The Agreement will nominally expire on 31 March 2022 ("nominal expiry date"). 3.3 The Agreement will continue to apply after its nominal expiry date in accordance with the Act. 3.4 The parties acknowledge that the following clauses of this Agreement will commence in accordance with the following timeframes: Clause reference Implementation timeframe Clause 8.1(a) of APPENDIX B: Roster Rules – standby period 1 July 2019 Until this time, the Pilot Roster Protocol set out in Appendix B to the Tigerair Pilots Australia Enterprise Agreement 2014 continue to apply.
APPENDIX B: Roster Rules (with the exception of clause 8.1(a) of APPENDIX B: Roster Rules) Second full roster period following Commencement of the Agreement. Until this time, the Pilot Roster Protocol set out in Appendix B to the Tigerair Pilots Australia Enterprise Agreement 2014 continues to apply.
w 5 Base pay (clause 28.2), flight pay (clause 28.3), and all allowances in clause 29. First full pay period following the Commencement of the Agreement. Roster-related allowances/credits – clause 28.2(h) Second full roster period following Commencement of the Agreement.
4 APPLICATION 4.1 This Agreement expressly excludes application to all Management Pilots. 4.2 This Agreement is a comprehensive agreement and replaces and excludes all other agreements and awards that might otherwise apply to the Pilots covered by this Agreement. 4.3 This Agreement does not exclude State laws dealing with occupational health and safety, long service leave and workers compensation.
4.4 Tigerair will provide access to a copy of this Agreement through electronic means to each Pilot upon commencement or initial employment. 4.5 This Agreement shall be read and interpreted in conjunction with the CAA, CARs, CAOs, CASRs and any exemptions that apply provided that, where there is any inconsistency, Tigerair must operate at least in accordance with the CAA, CARs, CAOs, CASRs. Where this Agreement provides for additional limitations or conditions, the Agreement will apply. 5 MANAGEMENT PILOTS 5.1 While this Agreement does not apply to Management Pilots at Tigerair Australia, Management Pilots will retain their position on the Tigerair Pilots’ List.
Management Pilots are eligible to bid for and be awarded any Pilot position in accordance with their position on the Tigerair Pilots’ List or are able to return to a Check, Training or line operations position they previously held. Where this occurs, the former Management Pilot: (a) will be bound by the terms and conditions of this Agreement and their position on the Tigerair Pilots’ List will be recognised for all purposes; and (b) when returning to a line operations position, will return to their previously held position or such position that they have been awarded whilst in a management role as a result of a successful bid.
Should that position (ie. fleet, rank or base) no longer exist, then they would be returned to a position in accordance with their position on the Tigerair Pilots’ List.
5.2 It is recognised that if a Management Pilot’s currently held management position does not allow the Pilot to take up the awarded Tigerair position immediately, then the Management Pilot is not obliged to immediately transition to that role and will be entitled to hold that position. The transition of the Management Pilot to Line Pilot role will not result in the displacement of an Existing Pilot. 5.3 If a Management Pilot undertakes flying duties they will be given a Date of Joining on the Tigerair Pilots’ List which is determined by their date of commencement of employment, or the date that Pilot commenced flying duties if that is later.
w 6 6 RENEGOTIATION The parties agree to commence discussions in relation to a replacement agreement no later than six (6) months prior to the nominal expiry date of this Agreement. 7 NO EXTRA CLAIMS 7.1 The parties agree that this Agreement satisfies all claims of the parties against each other. 7.2 It is a term of this Agreement that the parties will not support or advance any other or extra claims against each other for so long as this Agreement remains within its nominal term. 7.3 It is also a term of this Agreement that the parties will not engage in any industrial action in support of or for the purpose of advancing any other or extra claims against each other for so long as this Agreement remains within its nominal term.
CONSULTATIVE COMMITTEE 8 TIGER PILOTS CONSULTATIVE COMMITTEE 8.1 The Tigerair Pilot Consultative Committee (TPCC) will be responsible for overseeing implementation and application of this Agreement, as well as facilitating communication and consultation between Tigerair and Pilots on all employment, operational and safety matters. 8.2 The TPCC shall comprise management representatives and the following pilot representatives: (a) a nominee from each of the AFAP and VIPA (who is a Tigerair Pilot) (Union Pilot Representatives); (b) One (1) Pilot to represent Melbourne Base, who will be nominated, and where necessary, elected by the Pilots in that Base (Base Pilot Representative); (c) One (1) Pilot to represent Sydney Base, who will be nominated, and where necessary, elected by the Pilots in that Base (Base Pilot Representative); and (d) One (1) Pilot to represent Brisbane Base, who will be nominated, and where necessary, elected by the Pilots in that Base (Base Pilot Representative).
8.3 An official of the AFAP and VIPA will be invited to participate in the TPCC. 8.4 A Pilot Representative’s term on the TPCC will be for a maximum period of 24 months. Should a Pilot Representative vacancy arise during a 24 month term, a replacement Pilot Representative will be appointed for the remainder of the term by nomination and, where necessary, by election. Elections will be documented and transparent and organised by Tigerair. Tigerair may conduct the elections in-house or refer them to a third party provider. 8.5 Unless otherwise agreed by the TPCC, the management representative numbers on the TPCC will not exceed the Pilot numbers.
8.6 The TPCC may agree additional attendees where necessary. Whilst all reasonable provisions are to be made to ensure nominated representatives can attend, the absence of a nominated
w 7 representative will not, by itself, be cause for the meeting not to proceed. 8.7 The TPCC shall meet quarterly, or more frequently if reasonably required at the request of either Tigerair or a member of the TPCC. Meeting attendances will be in person, unless otherwise agreed with the individual Pilot Representative or where operational circumstances require. Tigerair is not required to roster more than two (2) of the Base Pilot Representatives as outlined in clause 8.2 above to attend each meeting with priority given to ensuring that all bases are represented at the meeting.
8.8 Subject to clause 8.7, pilot representatives who are not on approved leave shall be rostered to attend all meetings of the TPCC. 8.9 If one of the Pilot Representatives is unavailable to meet or if a process to fill a vacant position is underway, the TPCC will proceed with the remaining available Pilot Representatives. The unavailable Pilot may nominate a proxy from his/her union to attend the meeting on his/her behalf, subject to sufficient notice being provided to facilitate their attendance. If the majority of the Pilot Representatives are unavailable to meet, the TPCC meeting will be rescheduled to meet within one (1) month unless otherwise agreed between the TPCC and Tigerair.
8.10 The normal costs associated with a Pilot Representative carrying out the functions of the TPCC shall be met by Tigerair, such as travel, accommodation and meal allowances when meetings are not held in a Pilot’s Home Base. 8.11 Agreement of the TPCC shall be agreement by a majority of TPCC representatives. Any agreement made by the TPCC shall be recorded in writing and provided to the Pilot group. 8.12 Tigerair shall ensure agreed action items are published to the Pilot group no later than fourteen days following each meeting.
9 CONSULTATION 9.1 For the purpose of this Agreement, consultation is a process that: (a) is aimed at getting individuals or groups to suggest or respond to proposals to be implemented without at the same time giving up management’s right to make the final decision on these matters.
It provides an opportunity to present a point of view or state an objection; and (b) involves the timely exchange of relevant information so that the parties have an actual and genuine opportunity to influence the outcome before a final decision is made. 9.2 Tigerair will consult with affected Pilots and their nominated representatives (including the AFAP and VIPA) over any proposals for major workplace changes that are likely to have a significant effect on Pilots. This will include any proposal to introduce a major change to the regular roster or ordinary hours of work of Pilots.
9.3 The process of consultation will include: (a) The timely provision in writing of all relevant information, including details of the change, the likely effects on Pilots, the reasons for the proposed change and, where relevant, a proposed implementation date;
w 8 (b) Discussion on measures to avert or mitigate any adverse effects on Pilots; (c) Provision of reasonable resources, including attendance at scheduled meetings, air travel, accommodation and allowances, for Pilots to fully participate in the consultation process; (d) Genuine consideration of Pilots’ and their representatives’ suggestions, ideas and contributions; (e) Genuine opportunity for Pilots and their representatives to affect the outcome.
9.4 As soon as a final decision has been made, Tigerair must notify the affected Pilots in writing and explain the effects of the decision.
9.5 This notification in writing must include details about the proposed change, the effects and an implementation date. The implementation date will not be earlier than 14 working days from the date of notification, unless safety or other genuine operational concerns demand otherwise. 9.6 Tigerair will not be obliged to disclose confidential or commercially sensitive information during the consultative process. 9.7 Tigerair must act in good faith in relation to the consultation process provided in this clause. 9.8 In this clause: (a) ‘Good faith’ includes obligations to meet, disclose relevant information, genuinely consider proposals and respond with reasons, and to refrain from capricious or unfair conduct that undermines consultation; (b) A major workplace change is “likely to have a significant effect on Pilots” if it results in: a major change to the composition, operation or size of Tigerair’s workforce or to the skills required of Pilots; i.
the elimination or diminution of job opportunities (including opportunities for promotion or tenure); ii. the alteration of hours of work; iii. the need to retrain Pilots; iv. the need to relocate Pilots to another workplace; v. the restructuring of jobs and/or a situation that may give rise to redundancies; vi. changes to the legal or operational structure of Tigerair or its business; vii.the transition arrangements for the introduction of a new aircraft type. 9.9 While consultation is taking place, the parties will respect the status quo. OPERATIONAL PROVISIONS 10 FLEXIBILITY CLAUSE
w 9 10.1 Notwithstanding any other provision of this Agreement, Tigerair and an individual Pilot may agree to vary the application of certain terms of this Agreement to meet the genuine individual needs of Tigerair and the individual Pilot. The terms to which Tigerair and the individual Pilot may agree to vary the application are as follows: (a) Arrangements for when work is performed; (b) Checking, Training and Specialist duties; (c) Allowances; (d) Provisions relating to salary sacrifice; and (e) Provisions relating to the bond repayment scheme. 10.2 Tigerair and the individual Pilot must have genuinely made the agreement without coercion or duress.
10.3 The agreement between Tigerair and the individual Pilot must: (a) be confined to a variation in the application of one or more of the terms listed in clause 10.1; and (b) result in the Pilot being better off overall than the Pilot would have been if no individual flexibility agreement had been agreed to. 10.4 The agreement between Tigerair and the individual Pilot must also: (a) be in writing, name the parties to the agreement and be signed by Tigerair and the individual Pilot (and if the Pilot is under 18 years of age, signed by a parent or guardian of the Pilot); (b) state each term of this Agreement that Tigerair and the individual Pilot have agreed to vary; (c) detail how the application of each term has been varied by agreement between Tigerair and the individual Pilot; (d) detail how the agreement results in the individual Pilot being better off overall in relation to the individual Pilot's terms and conditions of employment; and (e) state the date the agreement commences to operate.
10.5 Tigerair must give the individual Pilot a copy of the agreement and keep the agreement as a time and wages record.
10.6 Other than otherwise provided for in this clause, the agreement must not require the approval or consent of a person other than Tigerair and the individual Pilot. 10.7 The agreement may be terminated: (a) by Tigerair or the individual Pilot giving no more than 28 days’ notice of termination, in
w 10 writing, to the other party and the agreement ceasing to operate at the end of the notice period; or (b) at any time, by written agreement between Tigerair and the individual Pilot. 10.8 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between Tigerair and an individual Pilot contained in any other term of this Agreement.
CLASSIFICATION AND LOCATION 11 A PILOT’S CLASSIFICATION 11.1 A Pilot's classification, including the Pilot's rank and aircraft type, will be advised in the Pilot's offer of employment letter.
11.2 At the time of engagement Tigerair will inform each Pilot of the terms of their engagement and in particular whether they are full-time or part-time. Tigerair will also advise the Pilot about the duration of any probationary period, which will be the earlier of either six (6) months from successful Proficiency Check (PC) or nine (9) months from the commencement of employment. 11.3 Any change to a Pilot's classification will only occur by agreement between Tigerair and the Pilot (other than where reclassification arises out of disciplinary proceedings). 11.4 Any change to a Pilot's reclassification will be advised in writing within a reasonable period prior to the effective date of the reclassification.
This advice will include the terms of the appointment, the salary to be paid, and the allowances applicable to the appointment, but shall not be any less than provided for in this Agreement.
12 A PILOT’S HOME BASE 12.1 A Pilot's Home Base on commencement with Tigerair will be agreed between the Pilot and Tigerair and confirmed in Tigerair's offer of employment. 12.2 Pilots may for genuine operational requirements be required to work in any of Tigerair's operations within Australia for up to six (6) days without the requirement for a transfer. Where practicable, Tigerair will utilise Pilots who have a preference to undertake extended patterns. 12.3 For genuine operational requirements and subject to clause 27 of this Agreement, a Tigerair Pilot may be required to transfer their Home Base on either a temporary or permanent basis to any other Base within Australia by Tigerair providing a minimum of one (1) month's notice.
Any change to a Pilot's Home Base, and the reasons for the change shall be notified by Tigerair to the Pilot in writing, stating the effective date of such change. 13 DUAL SIGN ON BASE 13.1 Where a Pilot is required to operate from a Base or Port other than their Home Base, the Pilot shall be entitled to either: (a) sign on at their Home Base, and be provided at Tigerair's expense with transport to and from the operating base or Port. Such sign on and transport will be conducted within the
w 11 flight and duty time limitations; or (b) where the Pilot and Tigerair agree, the Pilot may elect to provide their own travel and sign on at the operating base or Port in which case the Pilot shall be paid an allowance at the applicable ATO rate per kilometre rate based on the return distance between the sign on base and the operating base. 14 LOSS OF LICENCE COVERAGE 14.1 In order to assist a Pilot hold adequate cover against loss of license, Tigerair will reimburse Pilots the cost of loss of licence cover up to amount specified in clause 14.2 below upon production of evidence of expenditure: (a) $1795 per year effective from the first full pay period following commencement of the Agreement (for cover obtained or renewed in the preceding 12 months).
(b) This rate will increase by 2.5% on each of 12, 24 and 36 months after the Commencement Date.
14.2 Tigerair may agree to bulk billing arrangements for the above reimbursements. 15 INDEMNITY 15.1 Tigerair will, to the extent permitted by law, indemnify and release Pilots from all claims and demands made against them (whether made during or after the period of the Pilot’s employment) by any person including by Tigerair, other Pilots, Guests and or their legal personal representatives: i. Where the claim or demand is made as a result of injury or loss to a person or property that is caused or contributed to by a Pilot (whether by negligence or any other act or omission) in performing their duties in the course of employment; ii.
Except where such injury or loss was caused wilfully by the Pilot, unless the injury or loss was beyond the Pilot’s control.
15.2 In addition, in applying this clause, Tigerair will: iii. To the extent permitted by law, provide legal counsel and defend Pilots and their estates in any legal actions arising in connection with the performance of the Pilot’s duties, and indemnify them and hold them harmless from any judgment rendered there under; and iv. When required to act as a witness for another Pilot, give them a reasonable period free of duty to prepare and appear as a witness, subject to Tigerair operational requirements. Pilots will continue to receive their salary during this time. Where a Pilot is required to travel away from their home base to attend hearings, they will also be provided with travel, accommodation and allowances.
INCIDENTS & INVESTIGATIONS 16 DISCIPLINARY INVESTIGATIONS
w 12 16.1 Where a Pilot is alleged to be involved in a disciplinary matter, they may be suspended on full pay pending investigation of the incident. 16.2 The conduct of an investigation may involve an initial fact finding exercise. Depending on the circumstances, this may or may not be followed by the making of allegations against a Pilot and a disciplinary process. 16.3 A Pilot may agree to attend a meeting on a Rostered Day Off (RDO), day free of duty (DFOD) or Annual Leave day; however they cannot be required to attend. If they choose to attend a meeting on a RDO or Annual Leave day they will receive a substitute day off (SDO) but they will not receive a VOFF payment in accordance with APPENDIX B: Roster Rules, clause 11.
16.4 At all stages in the process, the investigator and any relevant decision maker must adhere to the key principles of procedural fairness set out below: (a) at any stage in the process, a Pilot can require that they be given three (3) business days’ notice of any meeting (i.e. notice given to a Pilot at 4pm on Monday can be followed by a meeting at 4pm on Thursday) to give them an opportunity to arrange representation, take advice and otherwise prepare; (b) the Pilot is entitled to know the substance of any allegations of complaint made against them. All allegations must be provided to the Pilot in writing at the earliest possible time but not less than three (3) business days prior to the requested response date; (c) the Pilot must be provided with an adequate opportunity to respond to any allegations put to them; (d) Tigerair must consider the Pilot’s response before making a decision.
(e) All parties must act in a reasonable and timely manner to facilitate the conduct of the investigation and the making of findings; and (f) All parties to the decision must be heard and all relevant arguments considered before a decision is made.
16.5 Tigerair will not interview a Pilot in relation to any disciplinary matter before putting the allegations to a Pilot in writing and allowing them sufficient time to prepare a response. 16.6 Where a Pilot is subsequently cleared of all allegations, they will receive pay in accordance with their original roster. They will not, however, receive any meal, accommodation/ overnight and incidentals allowances. 16.7 Disciplinary investigations should be conducted as confidentially and promptly as is practicable and having regard to the general principles of procedural fairness. 16.8 In the event that the Pilot engages in serious misconduct, Tigerair may, as an alternative to termination of employment: (a) Demote a Pilot to a lower rank; or (b) Apply a bidding freeze which precludes the Pilot from bidding for a higher rank for a fixed period of time.
16.9 In the case of demotion: (a) A Pilot will be provided an opportunity to respond to any adverse finding before a final decision is made with respect to the demotion. (b) In the first instance, a Captain will not be demoted to a status below that of a First Officer.
w 13 (c) Demotion will be for a fixed period dependent on the severity of the matter. The duration of the demotion will be communicated to the Pilot at the outcome stage. (d) Pilots will be paid at the rate of pay for the lower rank. 16.10 In the case of a bidding freeze: (a) A Pilot will be provided an opportunity to respond to any adverse finding before a final decision is made with respect to the freeze.
(b) Tigerair will advise the affected Pilot in writing of the length of the freeze period and the date when the Pilot will be released from the bidding freeze.
16.11Prior to being returned to a Captain position, the Pilot will be required to complete any necessary training (as determined on a reasonable basis by Tigerair) and successfully check to line. 16.12Pilots may elect to progress a dispute concerning a disciplinary matter via the Dispute Settlement Process. 16.13The Pilot may choose to have any person(s) (including a union official) represent them during an investigation/appeal process (unless they are a witness or respondent to that investigation). Tigerair must recognise the representative(s) for all purposes involved with the investigation/appeal.
17 DISCIPLINARY AND TRAINING RECORDS 17.1 Pilots are able to view and access any disciplinary (e.g. warnings) or training records and make copies or notes of the contents, subject to a reasonable request being made. A copy of any disciplinary record or adverse training finding must be provided to the Pilot at the time of issue. 17.2 Pilots have the right to seek answers regarding disciplinary or training records if they require further information about this documentation. If a Pilot believes that the documents have not been brought to their notice, the Pilot has the right to seek review. 17.3 For the purposes of this clause, a disciplinary record means any record that Tigerair seeks to rely on in respect of any disciplinary matter.
18 SAFETY INVESTIGATIONS 18.1 A Pilot may be removed from duty on full pay to assist with a safety investigation arising from a report or an FDAP event. 18.2 A Pilot may agree to attend a meeting on an RDO, or Annual Leave day, however they cannot be required to attend on this day. 18.3 Where a Pilot agrees to attend a meeting or participate in training associated with a safety investigation they will not be entitled to a working on an RDO or Annual Leave day payment for doing so, although the Pilot will be eligible for allowances (where applicable). 18.4 The Pilot may elect to have a support person of their choosing attend any meetings associated with a safety investigation (unless that person is also subject to or is a witness to that safety investigation).
w 14 18.5 Tigerair Australia will, at the request of a Pilot, brief and involve the nominated safety representative of the Pilot’s respective representative association about any safety investigation involving that Pilot. 18.6 Where requested, Tigerair will brief the representative in relation to ongoing developments of the investigation, the outcome, safety recommendations and changes to the procedures implemented as a result of the safety incident. DISPUTE SETTLEMENT PROCESS 19 PROCESS 19.1 If a Pilot has a concern about the application of this Agreement or the National Employment Standards (NES), they must raise that via the process set out below.
The objective of the process is for matters to be resolved at the workplace.
19.2 The steps in the process are as follows: (a) Step 1 - The Pilot to raise their concerns with their manager. The Pilot’s manager or their delegate will consider the matters the Pilot has raised and respond within seven (7) days. (If the matter relates to the Pilot’s manager, the Pilot’s first contact should be the Head of Flying Operations). (b) Step 2 - If a Pilot cannot resolve the matter with their manager, they may refer it to the Head of Flying Operations (or delegate), who will consider the matters the Pilot has raised and respond within seven (7) days.
(c) Step 3 - If the matter is unable to be resolved at the workplace and all steps in this process have been taken, either party may refer it to the FWC or another agreed third party.
19.3 Concerns raised by the TPCC or by a union party to this Agreement in respect of a matter involving three (3) or more Pilots can commence at Step 2 of clause 19.2. Role of FWC or Agreed Third Party 19.4 The role of FWC or agreed third party is to attempt to settle the matters raised by way of conciliation. 19.5 The conciliation will be conducted in private. The parties will participate in good faith and any discussions during the conciliation will remain confidential.
19.6 The parties agree that they will consider in good faith any recommendations or opinions etc provided by FWC or agreed third party during or as a consequence of conciliation. 19.7 If the matter remains unresolved following conciliation, either party may refer it to FWC or agreed third party for arbitration. 19.8 FWC/the agreed third party is empowered to determine the dispute in any manner it sees fit, having regard to such rules and processes as FWC/ the agreed third party thinks appropriate. 19.9 FWC/the agreed third parties’ determination will be final and all parties will accept and abide by it (subject to it being overturned on appeal or stayed pending the determination of an
w 15 appeal). Right of Representation 19.10During the above process, Pilots have the right to be represented by a person(s) or organisation of their choice. Tigerair must recognise the representative(s) for all purposes involved with the resolution of the dispute. Costs 19.11Subject to any contrary order by FWC/the agreed third party, each party will bear their own costs in respect of the Dispute Settlement Process. Continuation of Work During this Process 19.12If Pilots have raised a concern via the Dispute Settlement Process, whilst it is being resolved, they must continue to work in accordance with their contract of employment unless they have a reasonable concern about an imminent risk to their health or safety.
19.13Pilots must also comply with any reasonable direction given by Tigerair to perform other available work, either at the same workplace or at another workplace. No party will be prejudiced as to the final settlement by the continuation of work. 20 TRAINING 20.1 Training Details (a) Where Tigerair requires a Pilot to maintain minimum qualifications for a particular aircraft type, all facilities, and reasonable access to training, and other costs associated with reattaining and maintaining those qualifications will be the responsibility of Tigerair. (b) Where a Pilot fails to reach or maintain a standard required on an initial check, the Pilot will receive further retraining and subject to successful completion of the training, a subsequent check.
The Pilot may elect to have a different Check Captain for the second check.
(c) Where a Pilot fails to reach the standard required on the second check, the Pilot may receive further retraining and subject to successful completion of the training, a subsequent check. The Pilot may elect to have a different Check Captain for the third check. (d) Where a Pilot fails to achieve the required standard from a third check, a decision will be made by Tigerair on any future action which may include but is not limited to reclassification or termination of employment. (e) Wherever practicable, Tigerair will not require a Pilot to undertake any flight or standby duties on the same day as any ground training unless agreed by the Pilot.
w 16 20.2 Simulator Sessions SIM Roster Planning - Duty time limitations (a) Unless mutually agreed otherwise, Pilots shall not be rostered for a cyclic check within seven (7) days of returning from more than five (5) days of Annual Leave. (b) Subject to recency requirements and unless mutually agreed otherwise, a Pilot is required to be rostered at least two (2) sectors prior to the cyclic check. (c) A tour of duty that includes a Simulator Duty will be treated as within the Pilot's roster limits. For the purposes of duty hour calculations, simulator flight time shall be credited at duty multiplied by 1.5.
Pilots will not be scheduled for more than four (4) hours simulator flight time within the same duty period. For duty time calculations, briefing time is not credited at 1.5.
(d) A Pilot shall not be required to Deadhead prior to a cyclic simulator session on the same day, where the block time on the deadhead flight exceeds two (2) hours, but may be required to Deadhead after a simulator session. (e) Once commenced, a Simulator Duty Period (not including Deadhead travel) will not exceed eight (8) hours, except in the event of simulator serviceability or by mutual agreement. (f) Tigerair will not require a Pilot to undertake any flight or standby duties within the same duty period as any simulator training.
21 CATEGORIES OF EMPLOYMENT 21.1 Pilots under this agreement will be employed in one of the following categories: (a) Full Time The parties agree that the predominant form of employment will be full time employment.
Or (b) Part Time The parties agree that part-time employment and flexible working arrangements may be considered by Tigerair taking into account reasonable business grounds. Requests for such arrangements may also be declined on this basis. Or (c) Fixed-task or maximum period The parties agree that Pilots may be engaged on a fixed task or maximum period basis, either as full-time or part-time. These Pilots can only be employed for a maximum of 18 months.
w 17 21.2 Part-time Pilot (a) A part-time Pilot is employed on an ongoing basis, but for an agreed maximum number of duty days which is less than that for which a full time Pilot is rostered. (b) Unless otherwise indicated, a part-time Pilot's wages and entitlements shall be calculated on a pro rata basis according to the percentage of full-time employment. (c) The terms and conditions applicable to part time arrangements are set out in APPENDIX C: Part Time Employment. 22 TIGERAIR PILOTS’ LIST 22.1 The parties have agreed a seniority protocol which Tigerair shall comply with in relation to matters referred to in clause 22.3.
The Seniority and Upgrade Protocol is appended to Agreement as APPENDIX A: Seniority and Upgrade Protocol.
22.2 The Seniority and Upgrade Protocol is enforceable as if part of this Agreement and any disputes in relation to the seniority protocol shall be determined in accordance with the Dispute Settlement Process in this Agreement. 22.3 A Pilot's start date/seniority shall determine such matters as set out at APPENDIX A: Seniority and Upgrade Protocol at clause 1.9. 23 STAND DOWN PROVISION 23.1 Should an event occur beyond Tigerair's control, that prevents Tigerair from operating to its normal route structure, Tigerair may need to stand Pilots down.
23.2 Following consultation in accordance with clause 9, Tigerair has the right to stand Pilots down with pay, reduced pay or without pay for any cause for which it cannot reasonably be held responsible.
The right to stand Pilots down is subject to Tigerair ensuring that all reasonable options for other work or utilisation of accrued Annual Leave have been explored. 23.3 In this event Tigerair would undertake consultation in accordance with clause 9. Where a Pilot is stood down without pay Tigerair may approve alternative employment for the period of the stand-down.
24 HOURS OF WORK AND ROSTERING 24.1 Hours of work (a) Pilots are required to be available for work over seven (7) days a week, 365 days a year including all public holidays and over a 24 hour day. (b) Hours of work, days off and rest periods shall be determined in accordance with the following provided that ordinary hours of work being duty hours (including flight and nonflight hours) must not average more than 38 per week averaged over a three (3) month period (excluding reasonable additional hours): i. The Pilots will be rostered in accordance with the Roster Rules as appended in APPENDIX B: Roster Rules.
The Roster Rules is enforceable as if part of this Agreement and any disputes in relation to the Roster Rules shall be determined in accordance with the Dispute Settlement Process in this Agreement.
w 18 ii. Sub-clause 24.1(b) above has no application where Tigerair develops and implements an FRMS. The FRMS is to be developed in consultation with the TPCC and approved by CASA. The FRMS shall comply with clause 24 and the Roster Rules. iii. Any changes or additions to the Roster Rules shall only be made with the agreement of Tigerair and the TPCC. For the avoidance of doubt, it is not a condition of this Agreement that variations to the Roster Rules occur in accordance with the Act. iv. Where a change to the Roster Rules is agreed by the TPCC to be Base specific, the change may be implemented after agreement by the majority of the Pilot group in the affected base.
v. Tigerair will make reasonable endeavours to comply with the Rostering and Crewing Guidelines. 25 CAREER PROGRESSION AND TRANSFER OPPORTUNITIES 25.1 Tigerair recognises that Pilots who join the Virgin Australia Group do so with an expectation of enjoying a career path within the Group, and in most cases, based on a commitment for the duration of their career. 25.2 Further, Tigerair recognises that Pilots’ desired career path will generally involve aspirations including, but not limited to, advancement through the Pilot ranks, experience and advancement on one or more aircraft types and opportunity to work from one or more geographic locations.
25.3 Tigerair supports career growth for Pilots and is committed to providing the above opportunities to all Pilots as closely aligned with individual preference as practicable. 25.4 Tigerair will consult with Pilots and their representatives about the above opportunities available to the Pilot group, to maximise such opportunities and address any related issues (including any issues associated with a Group career progression system). 25.5 Tigerair will consult with Pilots and their representatives about these matters via the TPCC. 25.6 Consistent with the above, Tigerair seeks to encourage long term careers across the Virgin Australia Group.
To this end, Tigerair will: (a) Encourage Pilots to participate in their own career progression process by making applications for vacancies they are suited for (this does not preclude a Pilot who is not endorsed on a type from applying for a position on such type); (b) Publish flight crew resourcing requirements (see clause 26.2(a)); (c) Not engage Pilots from outside the Virgin Australia Group until the pool of suitable internal applicants has been exhausted; (d) Communicate up front the selection criteria to be used; (e) Ensure that the selection process is transparent;
w 19 (f) Communicate the names of Pilots who have been successful in bids for transfers, command upgrades and base changes; and (g) Provide feedback to Pilots when requested and provide mechanisms for review of decisions via the Dispute Settlement Process in this Agreement. 25.7 In return, there is an expectation that Pilots will: (d) Take steps to ensure their own readiness for opportunities including where appropriate to seek out or participate in remedial or developmental training; (e) Apply appropriately and participate in the selection process; (f) Meet any freeze requirements related to career moves (see clause 48); (g) Seek feedback on the outcome of recruitment or promotion decisions; and (h) Utilise the Dispute Settlement Process in this Agreement to request review of a recruitment or promotion decision.
25.8 To avoid doubt, Tigerair will not engage/employ any Direct Entry Captains unless there is a need for specific expertise and none of the Group Pilots have that expertise. 26 CAREER PROGRESSION PROCESS 26.1 The parties recognise that once Pilots have gone through the career progression process set out below and been assessed as suitable, relative position on the Tigerair Pilots’ List is the final and deciding factor in accordance with APPENDIX A: Seniority and Upgrade Protocol. 26.2 The process that Tigerair will follow in order to offer career progression opportunities to Pilots is set out below: (a) Step 1 – Resource Plan Update i.
At least twice a year, the resource plan will be updated and the projected flight crew resourcing requirements (specific numbers may not be included) over the following 12 months will be published to Pilots (Resource Plan Update). ii. Additional Resource Plan Updates will be published whenever a planned change to the operating schedule would have a significant impact on crew members in any Pilot Resource Group.
(b) Step 2 – Bid Import i. A bid import will be conducted 14 days after the Resource Plan Update to seek Pilots for the positions identified in the Resource Plan Update. ii. Bid imports will then be conducted every calendar month to ensure that a Pilot’s most current bid is considered when sourcing Pilots for any position. iii. Additional positions arising from resignations, retirements or for any other reason
w 20 can be filled at any time using the most recent bid import to identify Pilots for these positions. iv. The dates and times of the monthly bid imports carried out in accordance with subclause 26.2(b)ii above will be advised to the Pilot group at least 14 days prior to the bid import.
v. No later than 21 days following each bid import all Awarded positions will be published to the Pilot group. No further positions will be Awarded until the next bid import has been conducted. vi. Pilots who have been Awarded a position will continue to participate in the bid process and a Pilot’s Awarded position bid may be improved (i.e. a higher bid preference Awarded) up to six (6) weeks from the commencement date of any training associated with the Awarded position. Positions are deemed to have been Awarded as of the date of the bid import from which the Pilots were selected. vii. The terms and conditions that apply to all bids will be stated on the bid form.
(c) Step 3 – Conduct an Initial Assessment iii. Only those Pilots who bid for a position will be considered and assessed against the selection criteria for the position being sought. To be considered eligible for a position a Pilot must meet the selection criteria for that position as detailed in the relevant Tigerair manual.
iv. A Pilot who is subject to a type or position freeze will be considered eligible for the vacancy if the freeze period will be completed before the Pilot commences the training course for the new position. v. Tigerair will create a short list of Pilots who meet the selection criteria and who have the highest position on the Tigerair Pilots’ List, in accordance with APPENDIX A: Seniority and Upgrade Protocol. (d) Step 4 – Conduct Further Assessment i. Tigerair will then conduct a further assessment of those Pilots who are on the short list. This assessment will include an evaluation of each Pilot’s performance in the areas of line operations and flight standards.
ii. The Line Operations evaluation is carried out by the Pilot’s direct fleet manager. The Standards evaluation will be provided by the Pilot’s standards manager. iii. The Flight Operations Selection and Promotion Committee will then meet to consider the Line Operations and Standards assessment of each eligible Pilot. iv. Tigerair may also conduct interviews of those Pilots who have been considered during the initial assessment as part of the further assessment process. Pilots will be assessed as either suitable or not suitable. This assessment will be documented. Pilots will not be ranked in order of suitability.
(e) Step 5 – Decision and Written Notification
w 21 i. The Pilot/s who is/are assessed as suitable will be Awarded the position and commence training in order of position on the Tigerair Pilots’ List in accordance with APPENDIX A: Seniority and Upgrade Protocol, unless otherwise agreed with the individual Pilot. ii. Candidates deemed unsuitable for command/promotion opportunities will, on request, be advised in writing why they were assessed as unsuitable for the position. In this context, unsuitable Pilots are entitled to be provided with reasons why they were unsuitable in the recruitment process and information about what they need to address to improve their prospects of being suitable in the future.
Unsuitable Pilots are also entitled to be provided with reasonable support and training to assist them address any deficiencies identified during the recruitment process.
(f) Step 6 – Publishing Results Awarded positions will be announced once positions have been filled. This may mean that results are published separately for different Resource Groups to allow for the backfilling of any consequential vacancies. 26.3 Any Pilot aggrieved by the above process (or decision) can request a meeting with relevant management to discuss their concerns. If the meeting fails to resolve the Pilot’s concerns, they can progress that matter via the Dispute Settlement Process in this Agreement. Any election to progress those concerns must be made within 21 days of the meeting.
26.4 To avoid doubt, Pilots covered by this Agreement cannot be displaced by other Pilots in the Group because of relative position on the Group Date of Joining (GDOJ) List (e.g. a Pilot covered by this Agreement cannot be required to give up their existing position or Base in the Tigerair operations for a Pilot in the Virgin Australia Narrow Body operations because of relative position on the GDOJ List).
26.5 While Check and Training appointments are not covered by the above process, all new Check and Training appointments will be advertised internally. Selection criteria for these appointments will be set out in the advertisement and/or in other written material referred to in the advertisement. Any Pilot aggrieved by this process (or decision) can progress that in a manner consistent with clauses 26.2(e) and 26.3. 26.6 Where a Pilot is unsuccessful in completing their training and/or being cleared to line in a new position (other than a command upgrade) within Tigerair, they will be subject to a Training Review Board.
Where a Pilot returns to their previous position, they will be frozen on type for a set period determined through the Training Review Board. This period will normally be a minimum of 12 months following a check to line before the Pilot can be considered for another move to a higher rank or different aircraft type. The freeze period end date will be annotated on the Tigerair Pilots’ List. The Pilot is also entitled to be provided with reasonable support and training to assist them address any deficiencies identified during the training process. 26.7 Where a Pilot is unsuccessful in completing their command upgrade training, they will be subject to a Training Review Board.
Where the Training Review Board determination that the command upgrade training be discontinued, the Pilot will revert to their previous rank, fleet and base unless otherwise agreed with the Pilot. The Pilot is also entitled to be provided with reasonable support and training to assist them address any deficiencies identified during the training process.
w 22 26.8 If a candidate elects to withdraw from command training due to illness or for compassionate reasons, they will be able to resume training on the next available course. 27 TRANSFERS (PERMANENT OR TEMPORARY) BETWEEN BASES 27.1 Where a Pilot transfers from one Home Base to another at their own request or for personal upgrade purposes and Tigerair agrees to that transfer, the Pilot will be responsible for all expenses associated with their relocation. However, the Pilot will receive up to four (4) consecutive days free of duty at their new location prior to commencement of duties. 27.2 Where a Pilot transfers from one base to another on a permanent basis at the Company’s direction, Tigerair will develop a reasonable transfer package considering the pilot’s specific requirements using the following parameters as a guide: (a) Up to four (4) days reasonable hotel accommodation at the Pilot's old location; (b) Up to 14 days reasonable hotel accommodation at the Pilot’s new location or reasonable rental accommodation at the Pilot’s new location for up to three (3) months from the date of transfer; (c) Economy flights for the Pilot and the Pilot's immediate family (but not any non-economy travel); and (d) Reasonable moving costs of home contents and up to two (2) vehicles.
28 REMUNERATION AND SALARIES STRUCTURE 28.1 Remuneration The remuneration structure will comprise of a base salary (for up to and including 60 flight hours) and flight pay and will be effective from the first full pay period after the Commencement Date.
28.2 Base Pay (a) Pilots will receive equivalent minimum salary payments of 1/12 of the annual base salary for all hours up to 60 flight hours per month. (b) Annual base salaries have been calculated to remunerate Pilots for all work as follows: i. for all flying hours (including simulator duties) up to 60 hours per month; and ii. for all non-flying work including: A. Administrative Duties; B. ground duties; C. training; D. standby; and E. positioning. iii. for annual leave, including leave loading, up to 60 credit hours per month; iv. for all other leave; v. for working shift work, on weekends and on public holidays; and