Tigerair Australia Pilots' Enterprise Agreement 2018 - VIPA
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Tigerair Australia Pilots’
Enterprise Agreement 2018
1Tigerair 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............................................................................................................. 31
233 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
SIGNATORIES ................................................................................................................................ 69
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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 1 July 2019
– standby period
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 Second full roster period following
exception of clause 8.1(a) of APPENDIX B: Commencement of the Agreement.
Roster Rules)
Until this time, the Pilot Roster Protocol set
out in Appendix B to the Tigerair Pilots
Australia Enterprise Agreement 2014
continues to apply.
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Base pay (clause 28.2), flight pay (clause First full pay period following the
28.3), and all allowances in clause 29. Commencement of the Agreement.
Roster-related allowances/credits – clause Second full roster period following
28.2(h) 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.
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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
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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;
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(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
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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
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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
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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
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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.
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(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.
16.11 Prior 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.
16.12 Pilots may elect to progress a dispute concerning a disciplinary matter via the Dispute
Settlement Process.
16.13 The 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).
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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
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appeal).
Right of Representation
19.10 During 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
19.11 Subject 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
19.12 If 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.
19.13 Pilots 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 re-
attaining 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.
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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.
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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 non-
flight 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.
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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;
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(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
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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
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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.
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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
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vi. for all penalties, loadings and allowances and for all other payments except for:
A. Payments for accepting a VOFF (see clause 29.1 below and clause 11 of
APPENDIX B: Roster Rules);
B. Payments for flight hours (a combination of scheduled flight hours in the
aircraft and scheduled flight hours in the simulator) performed in excess
of 60 hours per month (see clause 28.3 below);
C. Payments of Late Finish Allowance (see clause 29.2 below);
D. Matters already expressly included in the agreement that provide for
reimbursement (see clauses 14.1, 27, 28.5(a), 31.2 below and
APPENDIX E: International Operations, clause 5);
E. Transport allowance (see clause 0 below);
F. Meal, cancelled accommodation, uniform credit, overnight and other
allowances (see clauses 29.6, 29.7, 29.8, 29.9, 29.10 and 29.12 below);
and
G. Checking, Training and Specialist duties allowances (see clauses 29.1,
29.4 and 29.12 below).
(c) Base salary will be adjusted annually in accordance with the wages table below.
Year 1 Year 2 Year 3 Year 4
Wages Table Current (payable from first full (payable 12 months (payable 24 months (payable 36 months
rate pay period from after the after the after the
Commencement Date Commencement Commencement Commencement
Date) Date) Date)
Direct Entry
Captain (until $135,455 $153,615 $157,455 $161,392 $165,427
check to line)
Captain $184,148 $209,000 $214,225 $219,581 $225,070
First Officer
Level 1 $101,281 $114,229 $117,084 $120,011 $123,012
0-2yrs
First Officer
Level 2 $117,854 $131,216 $134,496 $137,859 $141,305
2 - 5yrs
First Officer
Level 3
$123,379 $136,879 $140,301 $143,808 $147,404
5 years +
(d) Backpay will be payable from the first full pay period on or after 1 December 2017 until the
start of the first full pay period following the Commencement Date (“Backpay Period”).
Backpay of 2.5% will be calculated on the Pilot’s “Current Rate” base salary in accordance
with the table in clause 28.1(c) above and will reflect the position/s the Pilot performed
during the Backpay Period (ie a Pilot who has been promoted to Captain during the
Backpay Period will receive backpay based on the Captain rate for the period the Pilot
was engaged as a Captain and the First Officer Level 3 rate for the period the Pilot was
engaged as a First Officer Level 3). Backpay will be payable on the first pay date in the
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