Virgin Australia Long Haul International Cabin Crew Agreement 2016
Virgin Australia Long Haul International Cabin Crew Agreement 2016 1 CONTENTS Part 1 – General 1. Title 6 2. Parties 6 3. Application 6 4. Duration 7 5. Renegotiation 7 6. No extra claims 7 7. Implementation and review 7 8. Definitions 8 Part 2 – Consultation 9. Facilitative provision 12 10. Virgin Australia Cabin Crew Consultative Council 12 11. Consultation 13 Part 3 - Employment relationship 12. Employment types 15 13. Full time employee 15 14. Part time employee 15 15. Casual employee 16 16.
Probation 17 17. Employment flexibility 17 18. Conditions of employment 18 19. Training and induction 18 20. Reporting 19 21. Duties 19 22. Performance monitoring and online training 20
Virgin Australia Long Haul International Cabin Crew Agreement 2016 2. 23. Preferential bidding system 21 Part 4 – Operational Provisions 24. Hours of work 21 25. Rosters 21 26. Acknowledgments regarding roster stability 22 27. Ground Duties 22 28. Contacting crew 23 29. Fitness for duties 23 30. Fatigue Risk Management System 24 31. Designated Day Off 24 32. Sign On/ Sign Off times 25 33. Extension to Sign Off 26 34. Flight Duty Period limits – Long Haul International Flying 26 35. Flight Duty Period limits – all other flying 27 36. Emergency Flight Duty Period extensions 27 37. Extension of Flight Duty Period by rostered Split Duty 28 38.
Time Free of Duty 28 39. Blank Day 30 40. Standby 40 41. Open Days 32 42. Crew complement 32 43. Mixed duties 32 44. Travelling time 33 45. Exchanges of Duty 33 46. Displacement 33 Part 5 – Remuneration 47. Backpay 34 48. Salary and classification levels 34
Virgin Australia Long Haul International Cabin Crew Agreement 2016 3. 49. What your salary covers 37 50. Payment of salary 38 51. Superannuation 38 52. Daily overtime and special payments 39 53. Additional hourly pay 39 54. Salary sacrifice 39 55. Reimbursement of claims 40 Part 6 – Benefits and Allowances 56. Home Base 40 57. Accident pay 40 58. Car parking 41 59. Accommodation, transport and meals 41 60. Cancelled accommodation allowance 42 61. Overnight meal and incidental allowances 43 62. Ad Hoc Trainer allowance 46 63. Higher duties allowance 46 64. Public holiday recognition allowance 46 Part 7 – Leave 65.
Leave policies and procedures 46 66. Annual leave 47 67. Personal/ carer’s leave 48 68. Mid duty illness 48 69. Unpaid carer’s leave 49 70. Compassionate leave 49 71. URTI leave 49 72. Long service leave 50 73. Parental leave 50
Virgin Australia Long Haul International Cabin Crew Agreement 2016 4. 74. Special circumstances leave 51 75. Domestic and family violence leave 51 76. Leave without pay 52 77. Career break 52 78. Unauthorised absence 52 79. Jury service 52 80. Continuity of service and leave accruals 52 81. National Employment Standards 53 Part 8 - Regulatory Matters 82. CASA regulations 53 83. ASIC 53 84. Passports and visas 53 85. First aid training 53 Part 9 - Health and Safety 86. Safety at work 54 87. Health and fitness 54 Part 10 – Performance 88. Performance management and disciplinary action 54 89.
Serious misconduct 56 90. Promotion and transfer opportunities 56 Part 11 - Dispute Resolution Process 91. Process 57 92. Role of the Fair Work Commission or agreed third party 58 Part 12 - Other Provisions 93. Policies and procedures 58 94. Staff travel 58 95. Uniforms 59 96. Anti-discrimination 59
Virgin Australia Long Haul International Cabin Crew Agreement 2016 5. 97. Internment 59 98. Aircraft accident insurance 60 99. Travel insurance 60 100. Insurance cover in war like circumstances 60 101. Indemnity 60 102. Stand down 61 103. Leaving Virgin Australia 61 104. Redundancy 62 105. Delegates’ rights and leave 63 Signatories
Virgin Australia Long Haul International Cabin Crew Agreement 2016 6. PART 1 - GENERAL 1. TITLE This agreement shall be known as the Virgin Australia Long Haul International Cabin Crew Agreement 2016 (Agreement). 2. PARTIES 2.1 The parties to this Agreement are: (a) Virgin Australia Airlines Pty Ltd (ACN 090 670 965) (Virgin Australia); and (b) the Flight Attendants' Association of Australia, International Division (FAAA) subject to an application being made by the FAAA in accordance with section 183 of the Act to be covered by the Agreement; and (c) the Transport Workers’ Union of Australia (TWU), subject to an application being made by the TWU in accordance with section 183 of the Act to be covered by the Agreement; and (d) the following employees of Virgin Australia principally engaged in Long Haul International Flying: (i) Cabin Crew; (ii) Cabin Leaders; and (iii) Flight Managers.
(collectively referred to as Team Members). 3. APPLICATION 3.1 This Agreement applies to Virgin Australia, and the Team Members undertaking flying covered by this Agreement.
3.2 This Agreement is a comprehensive agreement and replaces and excludes all other agreements and awards that might otherwise apply to Team Members covered by the Agreement. 3.3 This Agreement contains the complete statement of mutual rights and obligations as between Virgin Australia and the Team Members to the exclusion, to the full extent permitted by law, of all other awards, agreements or other like instruments (Other Industrial Instruments) including those: (a) which might be in force and bind any organisation party to such Other Industrial Instruments; and/or (b) which might otherwise apply to the parties to this Agreement and/or the work which is being carried on in respect of the business of Virgin Australia.
3.4 This Agreement is stand-alone and has been developed by the parties to reflect and accommodate the specific circumstances of Virgin Australia.
3.5 To avoid doubt, this Agreement does not apply to Cabin Crew Management within Virgin Australia.
Virgin Australia Long Haul International Cabin Crew Agreement 2016 7. 3.6 This Agreement does not exclude State laws dealing with occupational health and safety, workers’ compensation or anti-discrimination. 4. DURATION 4.1 Subject to clause 4.2, this Agreement commences operation at the beginning of the first 28 day roster cycle occurring seven (7) days after approval by the FWC (Commencement Date). 4.2 The following provisions commence at the following times: (a) Clause 14 – Part-time employee will commence on the second full Roster Period after the Commencement Date; (b) Part 4 – Operational provisions will commence on the second full Roster Period after the Commencement Date; and (c) Part 5 – Remuneration and the allowances in Part 6 – Benefits and Allowances commence from the first full pay period after the Commencement Date.
4.3 The nominal expiry date of this Agreement is four (4) years after the day on which the FWC approved the Agreement.
5. RENEGOTIATION 5.1 The parties agree to commence negotiations for a replacement agreement at least nine (9) months before the nominal expiry date of the Agreement. 5.2 The negotiations will include any bargaining representatives nominated by the Team Members at the time the negotiations are due to commence in accordance with the Act. 5.3 At least two (2) delegates from each Union will be released from duties to attend negotiations. 5.4 The parties will meet at least six (6) times within the nine (9) month period before the nominal expiry date of the Agreement.
6. NO EXTRA CLAIMS 6.1 The parties agree that this Agreement satisfies all claims of the parties against each other.
6.2 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. 6.3 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.
7. IMPLEMENTATION AND REVIEW Virgin Australia representatives and two (2) workplace delegates from each Union involved in the negotiation of this Agreement shall meet to oversee the implementation and application of this Agreement. This group will be known as the “Agreement Implementation Committee” (AIC), and will meet as required but at least every three (3)
Virgin Australia Long Haul International Cabin Crew Agreement 2016 8. months for the first 12 months of the Agreement (unless otherwise agreed) to deal with such issues and any other matters that arise from time to time that are relevant to the implementation of this Agreement.
One official from each Union may attend an AIC meeting at the request of a workplace delegate. 8. DEFINITIONS Act means the Fair Work Act 2009 (Cth) as amended or replaced from time to time. Ad Hoc Trainer refers to a Team Member who is appointed by Virgin Australia to facilitate training programs as needed by Virgin Australia.
Agreement means this Virgin Australia Long Haul International Cabin Crew Agreement 2016. Assigned or Assigned Duty means a Duty assigned after roster publication prior to being Notified. Base means any place designated by Virgin Australia at which Team Members are required to be for the purpose of reporting for Ground Duty, commencing Standby duty or reporting for the commencement of Duty. Blank Day means a day free of all Duty, but is not a DDO. Block Hours or Block Time means a time which starts when the aircraft moves off chocks and stops when the aircraft is on chocks at the completion of the flight.
Cabin Crew means an employee performing cabin crew duties for Virgin Australia as set out in this Agreement.
Cabin Crew Trainee means a person undergoing initial Cabin Crew training and who is not yet cleared to line operations. Cabin Leader means a person employed as a Cabin Leader (or equivalent) to lead and direct Cabin Crew and to perform the duties on an aircraft for each flight including working in and supervising economy class, business class and first class cabins as required, managing saleable amenities, performing Flight Manager functions in the absence of the Flight Manager and may undertake the necessary and relevant training for promotion to Flight Manager.
Calendar month means the period between 0000 hours on the first day of each calendar month and 2359 hours on the last day of the same calendar month.
Calendar year means the period between 0000 hours on 1 January and 2359 hours on 31 December of the same year. Captain means a pilot employed to act in command of an aircraft for each flight. Continuous Service means a period of employment with Virgin Australia Airlines Pty Ltd under an unbroken contract of employment including periods of approved paid leave. Cumulative Duty is the progressive sum of Duty Periods.
Virgin Australia Long Haul International Cabin Crew Agreement 2016 9. Day means the 24 hour period between the local midnight and the subsequent local midnight. Designated Day Off or DDO means a period free of all duties at Home Base (unless otherwise agreed between Virgin Australia and the Team Member), encompassing the hours between 2200 preceding and 0600 hours after such day, in which a Team Member may elect, but cannot be required, to work. Displace or Displacement means where a Team Member is removed from, or is unable to perform, all or part of a Duty as Scheduled.
Disruption means a change in a Team Members rostered pattern of work which may be caused by, but not limited to, disruption caused by air traffic control, mechanical malfunction, medical emergency, weather, or industrial dispute.
Duty means any type of work performed as Cabin Crew and the period of time spent performing this work, including Flight Duty, Positioning, Ground Duties, meetings, training, Standby and work Assigned from Standby. Duty Period or Duty Time means a continuous period which starts when a Team Member is required by Virgin Australia to Sign On for Duty until the Team Member is free of all Duty and/or has signed off at Home Base.
Duty Hour Credit means the credit projected or accrued to a Team Member for Duty Planned or performed by that Team Member for the purpose of Roster Period limitations and/or pay. Exchange of Duty means an exchange of duties between two Team Members of the same rank. FAAA means the Flight Attendants’ Association of Australia – International Division. Fatigue means a physiological state of reduced mental or physical performance capability resulting from sleep loss or extended wakefulness and/or physical activity that can impair a Team Member’s alertness and ability to safely operate an aircraft or perform safety related duties.
Flight Manager means a person employed as a Flight Manager (or equivalent) to perform the duties on an aircraft for each flight as a Flight Manager which includes leading and managing a whole cabin and all Cabin Crew whilst in flight and away from Home Base, and acts as management representative for Cabin Crew whilst away from Home Base. Flight Duty Period means any time which a Team Member operates in an aircraft as an Operating member of the Cabin Crew. It commences when the Team Member is required to report for flight duty or actually reports for flight duty (whichever is the later) and finishes not less than 30 minutes after the end of the Block Time of the final flight or at the designated Sign Off time (whichever is later).
FRMS means the Fatigue Risk Management System referred to in clause 30 of this Agreement. FWC means the Fair Work Commission.
Virgin Australia Long Haul International Cabin Crew Agreement 2016 10. Ground Duty or Ground Duties means duty on the ground which is associated with the business of Virgin Australia and may include, but is not restricted to, training, training of others, seminars, and publicity work for Virgin Australia. Home Base means the base at which a Team Member is permanently assigned or to which they have been temporarily assigned by agreement between Virgin Australia and the Team Member.
International Flight or International Flying means a flight which departs from an Australian state or territory and arrives in a port operated by another sovereign state or territory.
Layover means the period of time between when a Duty terminates at a port other than Home Base and then recommences at that port. A Layover commences at Sign Off and ends at Sign On for the next Duty. Leader means a Team Member’s immediate Leader. Local night means the period of time between 2200hours and 0600 hours local time. Long Haul International Flying means International Flying with a Duty Time per Sector of eight (8) or more hours. Mid Duty Illness is where a Team Member becomes unexpectedly unfit for duty either at Home Base or away from Home Base after Sign On but before completion of a Trip or a Duty.
Notified or Notified Duty means a Duty that has been Assigned by Virgin Australia and acknowledged by the Team Member. Operating means performing duties associated with the safety and comfort of passengers in their carriage by aircraft. Open Day is a day free from Rostered Duty until Virgin Australia assigns the Crew Member a Duty or Standby Period. Optional Day means a day which is not a DDO or a day on which Duty has been Assigned, but is a day on which a part time employee may accept work but cannot be directed to work. Ordinary Hours include rostered or completed Duty hours inclusive of flying duties, Positioning/(paxing), airport Standby duties, meetings, ground and on-line training, rostered Ground Duties and where a Team Member is subject to Operational Clearance (SOC).
In addition, Ordinary Hours also include duty hours Assigned on an Open Day or Standby Day, and any Duty Hour Credits associated with personal leave, annual leave and long service leave.
Pairing means a sequence of flights which together form a Trip or Tour of Duty. Parental leave has the same meaning as set out in the Act. Planned Duty means duty known to the Crew Member and Virgin Australia prior to the Crew Member reporting for duty. Positioning/ Paxing means transferring a Team Member between ports as a passenger in surface or air transport and shall count as Duty Time.
Virgin Australia Long Haul International Cabin Crew Agreement 2016 11. Proof of Absence means a medical certificate or another form of supporting documentation authorised by Virgin Australia.
Rest Period (Time Free of Duty) is time free from all Duty and will commence at the Sign Off time at the conclusion of a duty. It is also the period of time before starting a Flight Duty Period which is designed to give a Team Member adequate opportunity to rest before duty. Roster Period means a nominated 28 day period or 56 day period. Rostered or Rostered Duty means a duty or series of duty/Standby periods with stipulated start and finish times notified to a Team Member.
Scheduled Duty is a Notified, Rostered or Planned Duty or duties allocated to a Team Member. Sector means a flight, consisting of a take-off and a landing. A flight that returns to a port for the purpose of resuming a flight on the same route, unscheduled technical stops and/or diversions are considered to be part of the original flight and not a separate Sector. Sign Off means the time of completion of all duties. Sign On means the actual reporting time for duty by Team Members. Split Duty means a Duty Period or Flight Duty Period, which contains a period of rest (not in-flight) during which the Team Member is relieved of all duty.
Standby or Standby period means a period of time during which a Team Member is required to be available at short notice to undertake a duty. Standby does not accumulate Duty Time, except for Standby duties undertaken at the airport, however it is not Time Free of Duty. Standby may be at the airport, hotel or at home.
Suitable Resting Accommodation means an area which is environmentally conducive to rest, which contains a comfortable chair and at which the Team Member has access to sustenance at times appropriate to the flight duty requirements. Suitable Resting Accommodation may also include that which is onboard the aircraft. Suitable Sleeping Accommodation means a room with (normal) single occupancy, with the use of a bed and a comfortable chair. The room is to be subject to minimum noise levels, with facilities to control light, be well ventilated and with air conditioning. The Team Member shall have access to sustenance at time appropriate to Flight Duty requirements.
Team Member refers to a person employed by Virgin Australia under this Agreement. Time Where time is expressed in this Agreement it refers to local time, unless otherwise specified.
Time Free of Duty means a period of time during which a Team Member is free of all duty and standby associated with his or her employment. Tour of Duty is the elapsed period between sign-on and sign-off at home base or base of temporary transfer. Trip means the elapsed period between Sign On and Sign Off at Home Base comprising a sequence of flights which may constitute a single or multi-day Tour of Duty.
Virgin Australia Long Haul International Cabin Crew Agreement 2016 12. TWU means the Transport Workers’ Union of Australia. Union means the Flight Attendants’ Association of Australia – International Division (FAAA) or the Transport Workers’ Union of Australia (TWU).
URTI means Upper Respiratory Tract Infection. Virgin Australia means Virgin Australia Airlines Pty Ltd. Virgin Australia Group means Virgin Australia Airlines Pty Ltd, Virgin Australia Holdings Ltd, Virgin Australia International Holdings Pty Ltd, Virgin Australia International Airlines Pty Ltd, Virgin Australia Airlines (NZ) Employment and Crewing Ltd, Virgin Australia Regional Airlines Pty Ltd and Virgin Tech Pty Ltd, and any Associated Entities (within the meaning of the Corporations Law) of these companies. We means Virgin Australia.
You refers to a Team Member employed by Virgin Australia under this Agreement. PART 2 - CONSULTATION 9. FACILITATIVE PROVISION 9.1 To meet unanticipated changes to flying destinations and schedules, Virgin Australia may, following agreement with the Unions, implement a special scheduling agreement which require arrangements which are not possible or exceed the limits outlined in this Agreement. The terms of the special scheduling agreement will be documented by Virgin Australia and promptly made available to Team Members.
9.2 For the avoidance of doubt, nothing in this clause affects or prevents Virgin Australia from reviewing or altering operating schedules in accordance with the provisions of this Agreement and any applicable FRMS.
10. VIRGIN AUSTRALIA CABIN CREW CONSULTATIVE COUNCIL 10.1 The Virgin Australia Cabin Crew Consultative Council (VACC Council) will be comprised of no less than three (3) Team Members (Cabin Crew, Cabin Leaders or Flight Managers) (Team Member Representatives) unless otherwise agreed and no more than three (3) management representatives made up of the following: (a) one (1) delegate nominated from each Union; and (b) an elected Team Member Representative from each permanent Cabin Crew Base voted from Cabin Crew at that Base.
10.2 The Team Member Representatives will be by nomination and where necessary election, and will be comprised of at least one Team Member from each long haul base existing at the time of the nomination and/or election. 10.3 An election will occur when nominations for Team Member representatives exceed the number of vacant positions. 10.4 The ballot to elect Team Member representative(s) will be facilitated by Virgin Australia and be conducted by an external election facilitator. A Team Member Representative’s term
Virgin Australia Long Haul International Cabin Crew Agreement 2016 13.
on the VACC Council will be for a maximum of 24 months. Should a Team Member Representative vacancy arise during a 24 month term, a replacement Team Member Representative will be appointed for the remainder of the term by nomination and where necessary election. 10.5 The VACC Council will be a formal mechanism to facilitate general communication and consultation with the Team Member group about, but not limited to, the following matters: (a) matters relating to this Agreement; (b) standards of accommodation, having regard to those matters set out in the accommodation clause of this Agreement; (c) measures to support increased roster stability and improvements in rostering systems; (d) proposed changes to the FRMS; (e) health and safety concerns, not dealt with via workplace health and safety processes.
10.6 The VACC Council will meet at least quarterly (in person unless otherwise agreed) or when major workplace change in accordance with clause 11 – Consultation is proposed and consultation with the VACC Council is required. This provision is subject to the operational requirements of the business and the parties agree the VACC Council will not meet more than once a month, save for exceptional circumstances.
10.7 Team Member Representatives on the VACC Council who are not on approved leave shall be rostered to attend all meetings of the VACC Council. A Team Member Representative may appoint a proxy Team Member to attend a VACC meeting in their stead. 10.8 In circumstances where the VACC Council is scheduled to be convened and the elected representative Team Member(s) is on approved leave, the Team Member(s) may exercise the option to attend such meetings on the proviso that approved leave is re-credited. 10.9 If one of the Team Member representatives is unavailable to meet or if a process to fill a vacant position is underway, the VACC Council meeting will proceed with the remaining available representatives.
If the majority of Team Member representatives are unavailable to meet or if more than one position is vacant, the VACC Council meeting will be rescheduled to meet within one (1) month unless otherwise agreed between the VACC Council and Virgin Australia.
10.10 The normal costs associated with a Team Member representative carrying out the functions of the VACC Council shall be met by Virgin Australia, such as travel, accommodation and meal allowances when meetings are not held in a Team Member’s Home Base. 10.11 One (1) representative from a Union, if nominated by a Team Member Representative, may attend a VACC Council meeting. 11. CONSULTATION 11.1 In the event of major workplace changes that may have a significant effect on Team Members, Virgin Australia will consult with affected Team Members and the Unions, and allow opportunities for proper representation for the purpose of that consultation prior to a decision being made.
11.2 Virgin Australia agrees that proper consultation is important in maintaining positive working relationships between Virgin Australia, Team Members, and relevant Union(s).
Virgin Australia Long Haul International Cabin Crew Agreement 2016 14. 11.3 Virgin Australia agrees that genuine consultation for these purposes shall not be perfunctory advice, but shall provide a genuine opportunity to influence the decision makers and the outcomes of any proposed change. 11.4 Virgin Australia acknowledges that genuine consultation prior to any significant change being implemented is important to maintaining positive workplace relationships and outcomes for the business.
11.5 Virgin Australia will not be obliged to disclose confidential information during the consultative process.
11.6 In circumstances where Virgin Australia has a definite proposal that would result in major workplace change which is likely to have a significant effect on Team Members, Virgin Australia agrees to notify and consult with affected Team Members, the FAAA and the TWU at the time of considering the proposal for major workplace changes and prior to a decision being made. 11.7 The process of consultation will include: (a) The timely provision of all relevant information, including details of the change, the likely effects on Team Members, the reasons for the proposed change and, where relevant, a proposed implementation date; (b) Discussion and genuine consideration on measures to avert or mitigate any adverse effects on Team Members; (c) Provision of reasonable resources, including work time, for Team Members to fully participate in the consultation process; (d) Genuine consideration of Team Members’ and, at the Team Members’ election, their nominated representatives’ suggestions, ideas and contributions; and (e) Genuine opportunity for Team Members, and the Unions to influence the decisionmakers and affect the outcome of any proposed changes, including allowing representation for this purpose.
11.8 As soon as a final decision has been made, Virgin Australia must notify the affected Team Members and the Unions in writing and explain the effects of the decision. This notification in writing must include details about the proposed change and an implementation date (if known). 11.9 If, however, at the conclusion of this consultative process a Team Member (or a group of Team Members) has a concern about the matter/s that were the subject of consultation, they or at their election, their representative/s, may raise a concern via the Disputes Settlement Process. To avoid doubt, a concern about the matter/s that were the subject of consultation includes a concern not only about the way in which consultation was carried out but a concern about the decision by Virgin Australia following the consultative process.
11.10 Virgin Australia, Team Members and representatives, must act in good faith in relation to the consultation process provided in this clause.
11.11 While consultation is taking place, the parties will respect the status quo unless otherwise agreed. 11.12 In this clause: (a) ‘Good faith’ includes obligations to meet, disclose relevant information, genuinely consider proposals, respond with reasons for the proposed decisions, and to refrain from capricious or unfair conduct that undermines consultation;
Virgin Australia Long Haul International Cabin Crew Agreement 2016 15. (b) A major workplace change “may have a significant effect on Team Members” if it results in: (i) a major change to the composition, operation or size of the Virgin Australia workforce or to the skills required of Team Members; (ii) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); (iii) the alteration of hours of work defined by this Agreement; (iv) the need to retrain Team Members; (v) the need to relocate Team Members to another workplace; (vi) the restructuring of jobs and or implementation of redundancies; (vii) changes to the legal or operational structure of Virgin Australia or its business; (viii) a change in routes or route structure the effect of which is that Team Members are no longer principally engaged in Long Haul International Flying; or (ix) establishing or eliminating Bases; (x) major fleet changes that result in the introduction or withdrawal of an aircraft fleet type.
PART 3 - EMPLOYMENT RELATIONSHIP 12 EMPLOYMENT TYPES 12.1 You may be employed on a full-time, part-time or casual basis or on a permanent, fixed term or fixed task basis. 12.2 You and Virgin Australia may agree at any time to change your employment type (e.g. from full-time to part-time or visa versa), however Virgin Australia cannot change your employment type without your agreement. 13 FULL TIME EMPLOYEE A full time Team Member is engaged on a permanent basis and be rostered a maximum of 140 Ordinary Hours per 28 day Roster Period (or 280 Ordinary Hours per 56 day Roster Period).
14 PART TIME EMPLOYEE 14.1 A part time Team Member is engaged on a permanent basis to work on the same terms and conditions as a full time Team Member, unless otherwise specified in this Agreement.
14.2 A part time Team Member will: (a) be paid a minimum of 50% of the full time equivalent salary under this Agreement; (b) be rostered to work up to a maximum of 12 days and up to a maximum of 80 hours in a 28 day Roster Period (or 160 hours per 56 day Roster Period);
Virgin Australia Long Haul International Cabin Crew Agreement 2016 16. (c) have nine (9) DDO’s rostered in accordance with clause 31 - Designated Day Off in this Agreement in a 28 day Roster Period; and (d) be rostered a minimum of seven (7) Optional Days in a 28 day Roster Period;. 14.3 Where a part time Team Member: (a) works in excess of 70 hours in a 28 day Roster Period, the Team Member shall be paid their normal hourly rate of pay for each hour worked; (b) is rostered Optional Days, they may elect to work, but cannot be directed to work. Hours worked will be paid at the applicable hourly rate but will not count toward your maximum hours in a Roster Period; and (c) for the avoidance of doubt, the daily overtime triggers will apply to all duties.
14.4 Part time Team Member’s entitlements under this Agreement shall be on a pro rata basis. Part time Team Member’s leave entitlements will be pro-rated in accordance with this Agreement.
14.5 Part time commitment (a) Virgin Australia will make available on a one-off basis, a minimum of 50 permanent part time roles as soon as operationally possible but no later than 12 months after commencement of this Agreement. (b) Notwithstanding clause 14.5(a), a Team Member may apply for a permanent part time role at any time and such requests will be considered subject to business and resource needs. (c) Virgin Australia will call for expressions of interest from internal full time Team Members covered by this Agreement in the first instance.
(d) Where a Team Member wishes to alter their employment status and return to full time employment, all requests must be submitted in writing and will be subject to approval by Virgin Australia.
(e) Virgin Australia will consult with the Unions through the AIC to develop a process for managing access to any future part-time work opportunities. 15 CASUAL EMPLOYEE 15.1 A casual Team Member: (a) is engaged on a casual basis and paid by the hour for each hour worked plus a 25 % loading; and (b) is not engaged on a permanent basis; and (c) will be paid for a minimum period of four (4) hours work on each engagement. 15.2 The hourly rate will be based on the casual Team Member’s classification under this Agreement.
15.3 The 25% loading is in lieu of entitlements to leave and other matters from which the casual employee is excluded by the terms of this Agreement and the National Employment Standard under the Act. 15.4 A casual Team Member will be offered a permanent role if the Team Member has:
Virgin Australia Long Haul International Cabin Crew Agreement 2016 17. (a) undertaken regular and systematic engagements consistently over a 12 month period, and (b) a permanent role is available; and (c) the Team Member has the requisite skills, experience and performance for the role.
15.5 During the life of the Agreement, Virgin Australia agrees to limit the number of casual Team Members engaged under this Agreement to a maximum of 5% of the total workforce covered by this Agreement. 16 PROBATION 16.1 If you are a new Team Member your employment at Virgin Australia will be subject to a six (6) month probationary period (including initial Cabin Crew training). 16.2 You or Virgin Australia may terminate your employment at any time during the probationary period by giving two (2) weeks’ notice or payment in lieu of notice (or a combination of both).
16.3 If you have transferred your employment to Virgin Australia from another company in the Virgin Australia Group, your employment at Virgin Australia is not subject to a probationary period except in the following circumstances: (a) you have been employed for less than six (6) months by a company within the Virgin Australia Group before transferring to Virgin Australia. If that happens, then your probationary period at Virgin Australia will be the difference between what you served at the other Virgin Australia Group company and six (6) months; or (b) if your new role within Virgin Australia is substantially different to your previous role in the Virgin Australia Group, in which case your employment will be subject to the six (6) month probationary period unless otherwise agreed between you and Virgin Australia.
17 EMPLOYMENT FLEXIBILITY 17.1 Virgin Australia is committed to providing flexibility in its employment arrangements. Virgin Australia recognises that flexibility in this context is essential to cater for individual circumstances (e.g. family responsibilities and work life balance) and operational needs. 17.2 To help achieve this flexibility, Virgin Australia and an individual Team Member may agree on an Individual Flexibility Agreement (IFA) which alters or amends the effect of any of the provision of this Agreement, so long as: (a) the arrangement meets the genuine needs of Virgin Australia and the Team Member; (b) the terms of the IFA: (i) are about permitted matters under section 172 of the Act; (ii) are not unlawful terms under section 194 of the Act; (iii) is in writing; (iv) includes the name of Virgin Australia and the Team Member; (v) is signed by Virgin Australia and the Team Member; and (vi) includes details of:
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- the terms of this Agreement that will be varied by the IFA;
- how the IFA will vary the effect of the terms;
- how the team member will be better off overall in relation to the terms and conditions of his or her employment as a result of the IFA;
- states the day on which the IFA commences. (c) is genuinely agreed to by the Team Member and Virgin Australia, without coercion or duress; and (d) results in the Team Member being better off overall than the Team Member would have been if no IFA was entered into; and (e) can be terminated with no more than 28 days written notice by either party, or at any time by agreement of both parties; and (f) is otherwise in accordance with the Act. 18 CONDITIONS OF EMPLOYMENT 18.1 Your employment at Virgin Australia is subject to the conditions set out below: (a) Satisfactory completion by you of an initial training course at a time and place specified by us; (b) Satisfactory completion by you of recurrent line proficiency/ competency checks and associated examinations including any re-examination; (c) You holding a current First Aid Certificate and Responsible Service of Alcohol certificate; (d) If requested by us, receipt of written confirmation from a suitably qualified medical practitioner (who may be nominated by us) that you have not tested positive to drugs or alcohol in a pre or post employment drug and alcohol test; (e) You being issued with and continuing to hold a valid Aviation Security Identification Card (ASIC) issued by Virgin Australia; (f) You holding and maintaining a valid passport; and (g) You holding and maintaining applicable visas that enable you to enter each port into which Virgin Australia and its related entities fly at any time. 18.2 If you are unable to comply with any of these requirements you accept that your employment with Virgin Australia may be terminated in accordance with the terms of this Agreement.
19 TRAINING AND INDUCTION 19.1 Virgin Australia will provide you with training and induction. Training may be undertaken by other Team Members of Virgin Australia, the Virgin Australia Group and/or by external training providers. 19.2 Your ongoing employment is conditional upon you satisfactorily completing all training required. If you feel you need further training to carry out your role you are to request this from your Leader.
Virgin Australia Long Haul International Cabin Crew Agreement 2016 19. 19.3 Training directed by Virgin Australia will not be rostered at the conclusion of a Tour of Duty.
19.4 Within three (3) Roster Periods of achieving automated system capability, a Team Member whose Home Base is different from a nominated local port at which they reside may request to be scheduled training at that local port subject to the following: (a) Virgin Australia offering the relevant training course at the Team Member’s local port; (b) Virgin Australia having availability on the relevant training course at the Team Member’s local port; and (c) Virgin Australia requiring the Team Member to undertake the training during the relevant time period that it is offered at the local port.
20 REPORTING 20.1 Information about which position you will report to at Virgin Australia will be outlined in your offer of employment or as directed from time to time. For ease of reference, that position is referred to as ‘your Leader’ throughout this Agreement. 20.2 We may change your Leader and the reporting structure at Virgin Australia at any time and we will discuss this with you in advance. Where you have concerns with your reporting line, you can request a review in accordance with Virgin Australia’s ‘A Fair Go’ Policy or the Dispute Resolution Process.
21 DUTIES 21.1 You are required to perform the duties of a Team Member under this Agreement and meet the standards of performance and conduct that are communicated to you from time to time.
Without limiting these obligations, you are required to: (a) Perform such duties that are reasonably required of the role of a Team Member consistent with this Agreement; (b) Exercise reasonable skill and care in performing your duties; (c) Commit your efforts to furthering the interests of Virgin Australia and the Virgin Australia Group; (d) Comply with all lawful directions and instructions given or issued to you by us; (e) Cooperate with Virgin Australia management in relation to any issues concerning your employment; (f) Make yourself available during rostered hours and outside minimum Rest Periods to discuss any employment related issues with management; (g) Act honestly and in accordance with Virgin Australia’s and the Virgin Australia Group’s values and standards of behaviour and conduct; (h) Conduct yourself in a professional and responsible manner whilst engaged in any activity connected with work; (i) Take all reasonable steps to protect our property and not damage, steal or otherwise deal with our property in a manner which is inconsistent with this obligation; and (j) Comply with all legislation and regulations that are relevant to your role;
Virgin Australia Long Haul International Cabin Crew Agreement 2016 20. (k) Comply with all Virgin Australia and Virgin Australia Group policies and procedures relevant to your role and your contract of employment. 21.2 We also must act in a way consistent with the above. 21.3 We may require you to perform duties for Virgin Australia’s related entities. 21.4 More information about the duties and responsibilities specific to your role will be made available to you when you commence employment and thereafter, as required during your employment.
22 PERFORMANCE MONITORING AND ONLINE TRAINING 22.1 Where a Team Member is required to undertake a compulsory V-Learn or other online training course, the Team Member will be allocated a Duty Hour Credit in the relevant Roster Period for undertaking this course, which will be added to the Cumulative Duty total in that Roster Period.
Team Members may request and be provided information regarding the Duty Hour Credits allocated under this clause. 22.2 Where a Cabin Leader or Flight Manager is required to complete performance monitoring and is required to complete such reporting in the Team Member’s own time, the Team Member will be allocated: (a) five (5) hours duty credit in the relevant Roster Period for full-time Team Members; and (b) 2.5 hours duty credit in the relevant Roster Period for part-time Team Members. 22.3 For the purposes of this clause, “duty credit” will be debited to reduce the maximum Roster Period hours for that Roster Period applicable under this Agreement.
23 PREFERENTIAL BIDDING SYSTEM 23.1 Virgin Australia will release the global bidding satisfaction rates to the VACC Council upon request. 23.2 Within six (6) months after the Commencement Date, Virgin Australia will appoint and train a total of eight (8) “Bid Champions” to be made up of Team Members from each base. Virgin Australia will call for nominations for Team Members to be appointed as “Bid Champions”. 23.3 Once appointed, Virgin Australia will arrange for training of these Bid Champions in relation to the Preferential Bidding System (PBS). Bid Champions will then be available for Team Member’s to raise specific questions in relation to the PBS and bidding combinations.
23.4 Within six (6) months after the Commencement Date: (a) Virgin Australia will develop and maintain material on the intranet relevant to the PBS to assist crew members to effectively bid for duties using the PBS; (b) Virgin Australia will incorporate PBS training into initial training school for new Team Members.
Virgin Australia Long Haul International Cabin Crew Agreement 2016 21. PART 4 - OPERATIONAL PROVISIONS 24 HOURS OF WORK 24.1 Virgin Australia operates in a 24 hours, 7 days a week industry. You must be ready, willing and able to work within a 24/7 roster, including night and day operations on any day or combination of days, including Saturdays, Sundays and Public Holidays. 24.2 A full time Team Member will be rostered a maximum of 140 Ordinary Hours per 28 day Roster Period. Each full time Team Member will be rostered to an average of 135 hours per 28 day roster.
24.3 Part-time team Members will be rostered up to a maximum of 12 days and up to a maximum of 80 hours per 28 day Roster Period.
24.4 Full time Team Members can be directed to work up to five (5) hours of reasonable additional overtime, in addition to their maximum Ordinary Hours per 28 day roster cycle, in order to complete a rostered or Assigned Duty. 24.5 Part time Team Members can be directed to work up to 2.5 hours of reasonable additional overtime, in addition to their maximum Ordinary Hours per 28 day roster cycle, in order to complete a rostered or Assigned Duty.
24.6 Where prior to Sign On at Home Base for the final duty of the Roster Period, the Team Member is planned to exceed 145 hours for full time Team Members or 82.5 hours for part time Team Members, the Team Member may elect but cannot be directed to complete the duty. 24.7 In the event of Disruption on an already commenced Pairing, Virgin Australia may require you to exceed the limits set out in clause 24.4 or 24.5 in order to return you to Home Base, and you will not be deemed to be in breach of clause 24.4 or 24.5. 24.8 A Team Member can elect to work more than the maximum number of duty hours and/or duty days by notifying Virgin Australia.
24.9 If you work on any DDO or an Optional Day the resulting hours will not count towards the Roster Period maximum Ordinary Hours. 24.10 The maximum Cumulative Duty period for Team Members will not exceed 65 hours in any consecutive seven (7) days, and 105 hours in any consecutive 14 days. 25 ROSTERS 25.1 Virgin Australia currently operates a 28 day Roster Period. Rosters for the following Roster Period will be published at least seven (7) days prior to the commencement of the Roster Period. 25.2 Virgin Australia may implement a 56 day Roster Period during the life of this Agreement and will consult with the VACC Council before doing so.
25.3 If a 56 day roster is implemented, rosters for the following Roster Period will be published at least ten (10) days prior to the commencement of the Roster Period. 25.4 If a 56 day roster is implemented, hours of work, operational provisions and entitlements under this Agreement shall be adjusted commensurate with the change in the roster length. 25.5 Each Roster Period will specify the Team Member’s DDOs, other duty days (e.g. Open Days or reserve days), flight periods with Sign On/Sign Off times, stand by periods, Blank
Virgin Australia Long Haul International Cabin Crew Agreement 2016 22.
Days, Ground Duties, training duties and other courses, any leave periods and any other duty allowable under this Agreement. 25.6 Rosters will be available electronically on the Virgin Australia intranet. 26 ACKNOWLEDGEMENTS REGARDING ROSTER STABILITY Virgin Australia acknowledges the importance of roster stability to Team Members and the operation, and will make every reasonable effort to: (a) maintain adequate Standby coverage to ensure short notice events impacting crew availability can be managed with minimum impact to the business and our guests. (b) seek to utilise Standby crew prior to displacing crew from their Scheduled Duty, unless the use of Standby crew would place the operation at a greater risk of Disruption; (c) maintain a system that monitors and manages the Fatigue of Team Members.
(d) use options that minimise the Disruption of rostered duties and the Displacement of Team Members; and (e) provide Team Members with rosters that consider work/life balance through the management of leave (such as personal, annual and long service leave), and the management of trip swaps; (f) develop rosters that are in accordance with the requirements under this Agreement, health and safety legislation and Fatigue management principles. 27 GROUND DUTIES 27.1 Other than in the circumstances outlined in clause 27.3, where a Team Member is required to perform a Ground Duty, the duty will not be rostered to exceed 12 hours.
27.2 This 12 hour limitation may only be exceeded to a maximum of 14 hours in Disruption or greater with the consent of the Team Member in order to position a Team Member following the duty.
27.3 You may be assigned Ground Duties in the following circumstances: (a) If you are ill or injured for only part of a rostered Trip (which results in you being Displaced from the Trip in its entirety and you are unable to be assigned a replacement Trip for that period); (b) Where your participation in jury service results in you being removed from a rostered Trip and you are not utilised for jury duty for the duration of a rostered Trip; (c) If you fail to submit an ASIC renewal application in accordance with clause 83 - ASIC, and this failure results in your ASIC lapsing until such time as a replacement ASIC is issued; (d) If you fail to ensure you maintain a current passport and/or relevant visas in accordance with 84 – Passports and Visas, and this failure results in your passport and/or relevant visas expiring, until such time as a replacement passport and/or visa is issued; (e) If you are “subject to operational clearance”; (f) Pursuant to clause 73 – Parental Leave of the Agreement; or
Virgin Australia Long Haul International Cabin Crew Agreement 2016 23. (g) Where you agree to be assigned a Ground Duty for a reason not listed above. 27.4 Where you are assigned Ground Duties in accordance with clause 27.3, your total hours of undertaking Ground Duties over this period will not exceed 7.36 hours per day unless you agree otherwise. 27.5 Team Members may carry out such duties as are within the limits of the Team Member’s skill, competency and training, but not so as to promote deskilling as a long haul Cabin Crew Member.
28 CONTACTING CREW 28.1 You must provide us with a telephone number(s) (preferably a mobile number) at which you will be contactable should Virgin Australia need to contact you in order to fulfil your obligations under this Agreement.
28.2 You must also provide us with your next of kin in the event of emergencies and you are required to keep these details up to date. 28.3 You will not be contacted unnecessarily during a minimum Rest Period unless you have agreed otherwise with your Leader or there is an emergency, other than by passive contact. “Passive contact” means email, text message, message via a mobile application, or note under hotel door.
28.4 Whilst on Standby or an Open Day, Team Members must be contactable on the number/s provided. Where a call is made or a message is left, the Team Member must call back as soon as possible. Failure to do so will result in the Team Member being placed “NonContactable” for that day. 28.5 Virgin Australia may contact Team Members on DDOs, Optional Day (for part-time Team Members), Leave Days or outside Standby/Open Day contactable periods to request them to undertake duties for that day or following days. Team Members are not required to be contactable during such times (unless you nominate otherwise).
28.6 Virgin Australia may contact you on a Blank Day to notify you of a future change of duty. Team Members are not required to be immediately contactable on this day. Where a message is left, you must call back as soon as possible, no later than 1700 hours Home Base local time.
28.7 It is the Team Member’s responsibility to ensure their telephone number/s is serviceable and for mobiles have network coverage at their Standby address 29 FITNESS FOR DUTIES 29.1 A Team Member will not knowingly operate an aircraft, and Virgin Australia will not knowingly require or knowingly permit a Team Member to operate an aircraft, unless at the start of any Duty Period: (a) Virgin Australia has provided opportunity for, and the Team Member has taken, adequate rest; (b) Virgin Australia has provided opportunity for, and the Team Member has taken, adequate sustenance;