AIR PILOT 2023 Issue 1

Page 1

AIR PILOT

Journal of the Australian Federation of Air Pilots

NO. 1 | 2023

AIR PILOT CONTENTS//

The Journal of the Australian Federation of Air Pilots

NO. 1 | 2023

EDITORIAL

Editor: Anna Cousins

Contributors: Chris Aikens, Deanna Cain, Anna Cousins, Marcus

Diamond, Lachlan Gray, Joanne

Janes, Patrick Larkins, Simon Lutton, James Mattner, Andrew Molnar, Jason Newell, Naomi Radke and David Stephens. COVER: Airservices Australia's air traffic tower at Sydney

The views expressed in this magazine in any article, letter or advertisement are not necessarily those of the Australian Federation of Air Pilots. AIR PILOT reserves the right to reject any advertisement it deems not to be in good taste or adverse to air pilots, the AFAP, its interests or policies. The attention of advertisers is drawn to the section of the Competition & Consumer Act 2010 and the provisions in the Act which apply to advertising. It is not possible for the Federation or Publisher to ensure that advertisements that are published in this magazine comply in all respects with the Act and the responsibility must therefore be on the person, company or advertising agency submitting the advertisement for publication. All original material produced in this magazine remains the property of the Publisher and cannot be reproduced

information contained in advertisements or editorials.

without authority. No responsibility is accepted for incorrect
REGULARS 6 WOMEN'S NETWORK 8 SAFETY & TECHNICAL 12 IFALPA NEWS 32 WELFARE 35 MBF CASE STUDY FEATURES 5 NEW VP (MEMBERSHIP) 5 AVALON AIRSHOW 7 AIR PILOT AWARD 2020 9 ATC DELAYS COUNCIL REPORTS 10 REGIONAL EXPRESS 14 EASTERN 16 NATIONAL 22 SUNSTATE 23 NATIONAL JET SYSTEMS 24 QANTAS 26 HELICOPTER 28 VIRGIN 30 JETSTAR
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AFAP FEDERAL OFFICERS//

AFAP STAFF//

NO. 1 | 2023 3
Trustee, Capt Rob Nicholson Life Member Senior Trustee, Capt George Brown Life Member Safety & Technical Manager, Capt Marcus Diamond Trustee, Capt Bryan Murray Life Member Senior Industrial/Legal Officer, Deanna Cain Executive Director, Simon Lutton Membership Officer, Sophie Isaacs Senior Industrial Officer, Chris Aikens Senior Industrial/Legal Officer, Patrick Larkins Operations Manager, Joanne Janes Legal Counsel, Andrew Molnar Marketing & Comms Manager, Anna Cousins Safety & Technical Director, Capt Philip Remilton RFDS-Central Operations Finance Officer, Lennie Kovac Safety & Technical Officer, Lachlan Gray Industrial Officer, Jason Newell Safety & Technical Officer, Capt Naomi Radke President Capt Louise Pole Sunstate VP Admin & Finance, Capt Ben Bollen Jetstar Senior Industrial/Legal Officer, Jared Marks Senior Industrial Officer, David Stephens VP Membership FO Michael McGinnis Virgin Senior Industrial Officer, James Mattner

the PRESIDENT’S VIEW // Captain Louise Pole

In the past year, the AFAP has attended many industry events and government meetings which have been heavily focussed on the future of aviation. Futuristic concepts of passenger carrying Remotely Piloted Aircraft Systems (RPAS) or drones, reduced crew operations, and Remote Towers have featured heavily in these forums. These concepts and expectations of the future follow previous programs and initiatives such as the Navigation Rationalisation Program which prematurely decommissioned many of our ground-based navigation aids.

While keeping a keen eye on the future is important, I cannot help but feel that much of the industry has lost sight of the present. Right here and right now we are losing many Australian pilots overseas, the Australian industry cannot attract (let alone train) sufficient pilots for the current demands, aircraft deliveries are falling behind and those which are on the production line are certainly not designed for reduced crew or single pilot jet Regular Public Transport operations.

Our air traffic control (ATC) system is also in a critical state of dysfunction. Recently the AFAP conducted a short survey of members regarding ATC delays once airborne. This survey revealed unprecedented instances of unnotified holding, Traffic Information Broadcasts by Aircraft (TIBA) and reduced flow. We have reported these alarming results to both the Australian Transport Safety Bureau (ATSB) and the federal Minister for Transport, Hon Catherine King MP. A further survey of pilots operating in Australian airspace is underway to gather more detailed data that we can present to Government authorities.

The AFAP’s focus for the year ahead is on addressing the current issues plaguing our industry, not speculating on a distant future. This is not an easy task, but we are committed to rebuilding our industry and to making being a pilot an attractive and rewarding career.

In this edition of AIR PILOT we cover a broad range of topics. A number of enterprise agreements have been settled and I particularly commend the negotiating teams on finalising these agreements. I also wish to acknowledge and thank our pilot representatives and staff for the development of the diverse training programs that have been run for members in recent months. These include our growing AFAP Resilient Pilot Program, as well as Accident and Incident Training and Negotiation Training which were conducted in Sydney (and are planned for Perth in August).

I would like to take this opportunity to congratulate and welcome Virgin pilot, Mick McGinnis to the position of Vice President (Membership) and I look forward to having him as a member of the Finance and Executive Committees.

Finally, I want to remind members that we are hosting the official opening of new Brisbane Office from 1700 to 1900 on 19 July 2023 to which all members are invited. This office was bought just prior to the outbreak of COVID19 and extensively renovated over the pandemic. I believe it will be a great asset for our membership and staff to use and enjoy for many years to come.

Yours sincerely,

4 Air Pilot

NEW VICE PRESIDENT (MEMBERSHIP)

AFAP federal officers - the President, Vice-President (Administration & Finance) and Vice-President (Membership), Safety & Technical Director and Welfare Director - are positions elected every two years while the AFAP's Trustees are elected for three year terms.

In April 2023 Virgin FO Michael McGinnis was elected Vice-President (Membership) and is now responsible for maintaining AFAP membership lists, watching over membership fees and briefing Convention and the Finance and Executive Committees on membership.

Mick has served as a pilot representative for Virgin pilots since 2014, when he stepped into the role as a negotiator for the (then) Long Haul enterprise agreement (EA), which ultimately culminated in the Virgin Australia Wide Body EA (some three years later).

Following his move to the narrow body operation in 2017, Mick was on the AFAP negotiating team for the Joint Union Forum (a pre-Covid initiative to bring Australian and New Zealand based B737 pilots under one agreement) and the most recent 2021 Virgin Australia EA. He has also served as Virgin Pilot Federation ViceChair and as a long-term AIC representative.

The much-anticipated Australian International Airshow and Aerospace & Defence Exposition returned to Avalon Airport this year (after the 2021 event was cancelled due to the COVID19 pandemic) and broke all previous attendance records.

With more than 48,500 industry attendees over the three trade days - and 248,000 visitors over from 28 February to 5 March - AVALON 2023 attendance was one-quarter higher than in 2019..

Showcasing the latest in aviation, aerospace, defence and space technologies, the airshow included public flying displays from the Air Force Roulettes and other specialist aircraft from Korea and the USA also performed various manoeuvres and aerobatics.

The AFAP exhibited as part of the Victorian Government pavilion and took the oportunity to meet with the Civil Aviation Safety Authority (CASA) and other exhibitors over the trade-only days.

The next Avalon Airshow will be held over 25-30 March in 2025.

NO. 1 | 2023 5
From left: AFAP National Pilot Council Vice-Chair Rob Close, Will Stamatopolous (Qantas), Simon Butler (CASA) and Robbie Sims (CASA) From left: AFAP Safety & Technical Director Capt Philip Remilton, Civil Air Australia President Tom McRobert and Anthony Lawler (CASA) AFAP President Capt Louise Pole (second from left) with RMIT University flight instructors. FO Michael McGinnis (left) received the Terry O'Connell Memorial Award at the 2022 Annual Convention for 'having provided outstanding service to the Federation and in recognition of his exemplary effort in the industrial arena' from AFAP President Captain Louise Pole.

WOMEN'S NETWORK //

International Women's Day

The AFAP Women’s Network co-hosted an event with our air traffic controller colleagues to celebrate International Women’s Day 2023.

Drawing attendees from the membership of both the AFAP and Civil Air Australia (CAA), the panel seminar and networking event was held at Air Services Australia’s Brisbane premises on 9 March.

Following a welcome and introduction from CAA's Jane Douglas, AFAP President and Women's Network Convenor Captain Louise Pole moderated a panel discussion where four speakers gave valuable insights from their personal experiences of building a career in aviation.

It was especially interesting to hear from airline captains Paley Williams (Virgin Australia) and Anita Woodward (QantasLink - Sunstate) about how they have successfully navigated and advanced their professional and personal lives while working as commercial pilots over many years.

Each of the pilots and air traffic controllers on the panel was able to give valuable insights during the session, and later answered questions drawing on their various perspectives and experiences.

At the conclusion of the seminar, members attending were able to network informally with each other over refreshments and take the opportunity of a guided tour of the Brisbane air traffic control tower.

• Rethinking the stereotypes of agreeableness or commanding authority

• Navigating situations of being held to different standards to male counterparts

• How to change perceptions of assertiveness in the workplace

• Going beyond unconscious and conscious bias

The Secure Jobs, Better Pay Act 2022 prohibits sexual harassment in the workplace and amends rules relating to requests for unpaid parental leave and flexible work arrangements (among other changes).

This was just one of the topics discussed at the AFAP Women's Network breakfast meeting held on at the AFAP’s Melbourne office on 23 March. If you need any assistance, please email industrial@afap.org.au or phone (03) 9928 3757 to arrange a confidential discussion with an industrial officer.

6 Air Pilot
Pilot and air traffic controller panellists address questions from AFAP and CAA members attending the International Women's Day 2023 event Captain Louise Pole spoke on the topic of ‘Fighting the workplace double standards’ in a fireside chat moderated by Associate Professor Natalie Yang (Medical Staff Association Chair & Director of Austin Radiology). Held at the Women Leaders Institute's Summit in Melbourne on 23 March, it covered:

Save the date: Women's Network AGM

The AFAP Women’s Network provides a forum to identify and pursue professional and industrial issues relevant to women pilots. Please save the date for the upcoming Annual General Meeting (AGM):

AFAP Women’s Network AGM

Thursday 20 July 2023

10:00 – 12:30 AEST

AFAP Brisbane Office

33 Montpelier Road, Bowen Hills QLD

AIR PILOT AWARD RATES INCREASE

A Fair Work Commission’s review panel has recently approved a 5.75% increase in Award rates, along with an 8.6% rise in the national minimum wage, effective from July.

As a result of the FWC Annual Wage Review 2022-23 decision, around 2.6 million Australian workers will receive these pay rises from the first full pay period on/after 1 July.

The review panel emphasised that the decision, handed down on 2 June, would have a limited effect on the broader economy and noted there is no evidence in Australia of an upwards wageprice spiral despite a very tight labour market.

Pilots employed under the Air Pilots Award 2020 are entitled to this increase. In addition, all allowances in the Award calculated from the ‘Standard Rate’ in the Award will also increase by the 5.75%, while other allowances such as loss of licence, accommodation, meals and transport allowances (that are subject to a separate indexation) are also to be adjusted over the coming weeks.

The AFAP trusts that employers will pass on these mandatory increases to pilots employed under the Award. Members should contact the AFAP for advice if this does not take place from the first full pay period on or after 1 July 2023.

This increase in Award wages and allowances will not affect members (or other workers) covered by an enterprise agreement.

Unrelated to this review, but also importantly, the Superannuation Guarantee Rate increases from 10.5% to 11%, also effective from 1 July 2023. Please check with your superannuation fund to ensure that the increased rate of employer contribution has started to be paid into your nominated fund.

From left: Capt Anita Woodward (Sunstate), Charlotte Hillenbrand (National Pilot Council), Capt Louise Pole (Sunstate), FO Bianca Salim (Sunstate) and Capt Kristy Fraser (Sunstate) holding daughter Chloe From left: Kate Richards (Airlink), and Monica Gradwell (GAM Air) with Griffith University student pilots Allaiya Rushbury, Katrina Nartatex and Talia Herrington
NO. 1 | 2023 7
From left: Katrina Nartatex (National Pilot Council), Anna Cousins (AFAP) Capt Naomi Radke (AFAP) and Charlotte Hillenbrand (National Pilot Council) at Brisbane's air traffic control tower From left: Capt Louise Pole (Sunstate), Capt Paley Williams, (Virgin) Bronwyn Sanderson (Rockhampton ATC), Capt Anita Woodward (Sunstate) and Jacqui Marshall (Melbourne ATC)

SAFETY & TECHNICAL // FATIGUE RISK MANAGEMENT SYSTEMS

The FRMS Forum held 21-22 March in Madrid, Spain brought together regulators, airline operators, scientists, and AFAP safety representatives to discuss fatigue risk management strategies.

While some presenters saw positive signs that Fatigue Risk Management Systems (FRMS) were making an impact on aviation safety, others noted that it is difficult to conclusively prove FRMS have definitively prevented accidents. Many operators and States continue to face challenges implementing and optimising FRMS within their organizations.

Regulators exhibited differing approaches to FRMS approval. The Civil Aviation Authority (CAA) in Britain and the Spanish regulator Agencia Estatal de Seguridad Aérea (AESA) have high FRMS approval requirements and have to date only allowed a small number of FRMS entrants, conversely the Civil Aviation Safety Authority (CASA) in Australia has approved many FRMS trials.

Presentations on biomathematical models, wearable technology, and eye tracking as fatigue monitoring tools were viewed as useful, though there are known limitations with biomath models and data obtained from wearable devices.

Research presented on short-haul flight fatigue among pilots in the USA identified circadian disruption, high workload, and limited opportunities to rest as major fatiguing factors. Air New Zealand presented the company's Fatigue Risk Management Plan for transpacific flights including use of biomathematical software to demonstrate the proposed route was safe.

Operators discussed techniques for optimising FRMS and balancing work-life demands while facing scheduling challenges.

Wearable technology and eye-tracking solutions were discussed but it was ackowledged that these raise potential privacy concerns. Union representatives saw some value if these technologies were appropriately regulated and the collected data acted upon by pilots as "gatekeepers".

The forum provided opportunities to learn about effective FRMS systems, build useful professional networks, and empower delegates with knowledge to improve their own FRMS.

However, the differing goals between regulators, operators, and pilots mean fatigue issues remain challenging to resolve

Many pilot representatives saw value in reporting fatigue incidents directly to a mutually agreed delegate who act as gatekeepers (much like Flight Data gatekeepers), separating fatigue reports from airline management.

However, this level of trust between pilots and operators was perceived as lacking in Australia at the moment. Our delegates shared contact details for useful resources and individuals to follow up with for further information.

The AFAP has already had discussions with some of those operators on various issues, like the definitions of flight duty period (FDP), “unforeseen” conditions application to extensions of FDP and fatigue reporting deeds and gatekeepers concepts.

The forum provided opportunities for knowledge sharing and networking to help delegates improve their own FRMS systems. However, resolution of fatigue issues ultimately requires effective collaboration between regulators, operators, and pilots' representatives.

The conference underlined that progress in fatigue management will be a slow and iterative process, not a one-time fix. Important gains will come from improved education, data collection and monitoring, technological advances used appropriately, and stakeholder partnerships built on trust.

If you would like to get involved in bringing about future Regulator/Operator/Pilot collaborative outcomes, please contact technical@afap.org.au.

8 Air Pilot
From left: FO Peter Werda (Jetstar Pilot Council rep), Capt Marcus Diamond (AFAP Safety & Technical Manager), Capt Hathan Hayes (Eastern Pilot Council rep), Capt Daniel Blakemore (Virgin Pilot Council rep), Capt Matt Nelsen (AFAP Helicopter Council Chair and MBF Board Director), and Capt Findlay Garside (RFDS-Western Operations).

AIR TRAFFIC CONTROL DELAYS

A recent report submitted to the Australian Transport Safety Bureau (ATSB) highlighted several issues with the current airspace management. It raised concerns about the frequent use of Temporary Restricted Airspace (TRA) and Traffic Information Broadcast by Aircraft (TIBA) procedures as contingency measures due to air traffic controller shortages.

It also noted that controllers and pilots lack proper understanding and training on TRA and TIBA procedures, leading to inconsistent application and confusion. An example was given of an international flight departing Cairns in August 2022 with crew unaware of TRA procedures, creating an unsafe situation.

The report also raised concerns over the increased use of “short break” procedures, where controllers take breaks and have other controllers who lack proper endorsements monitor aircraft. These procedures were designed for low-traffic enroute environments but are now often used in busy terminal control units, creating additional risks. Many controllers refuse to take “short breaks” as their license is used when they're not present.

A proposed “enroute conditional endorsement” as a solution to staff shortages would allow controllers without proper training or endorsements to fully control aircraft in a sector. The report argues this band-aid solution introduces risks due lack of familiarity with the airspace and potential traffic conflicts.

Other reports have also raised issues with the Rockhampton and Mackay TRA and TIBA procedures. These include lack of notice for pilots, confusion over procedures among controllers, forcing aircraft out of airspace, and limited flexibility causing aircraft to divert or declare low fuel emergencies.

The Civil Aviation Safety Authority (CASA) is working with Airservices Australia to address staffing and other reasons behind the need for such frequent contingency activation. CASA has recognised that the widespread and regular use of contingency measures creates additional risks to the airspace system.

Overall, the Australian airspace management system is under severe strain due to staff shortages and overreliance on unsafe contingency measures. Urgent action needs to be taken to address these issues before a major safety incident occurs. Proper staffing levels, training, and sustainable contingency plans are desperately needed to ensure Australia’s skies remain safe for aviation.

These air traffic delays are becoming more frequent, lengthy and severe in Australia, yet most go unreported. Undocumented delays threaten flight safety, operational efficiency and compliance with flight and duty limits.

Without being properly reported, ATC delays cannot be assessed, mitigated or prevented. We encourage all pilots to report any undocumented airborne air traffic control delays they encounter, including:

• Unnotified holding and extended tracking

• Excessive taxi times/Departure Delays after engine start

• Long periods waiting in sequences or holding

• Frequent TIBA or TRA usage, including military equivalent

• Additional track miles to avoid TIBA

• Reduced flow rates

• Late runway changes

• Missed approaches due to Air Traffic Control

Even if delays do not constitute an emergency (PAN or MAYDAY), pilots should still report undocumented delays - stating there are implications for safety, compliance and crew fatigue - to the ATSB via its online 'Occurrence Notification – Aviation' form. Reports to the ATSB help provide an independent perspective and build a fuller picture of the situation.

Reports to your company should be detailed and include frequency and length of delays, potential contributory factors and any impacts. Please also copy/send to technical@afap.org.au (and mark as "confidential").

These reports from pilots demonstrate the extent of the problem to decision-makers. Reporting is a first step towards airspace management responding to growing service demand and controller shortages.

NO. 1| 2023 9 SAFETY & TECHNICAL
Delays at Perth Airport contributed to the crew of a Qantas 737 declaring a fuel mayday on 18 July 2022. (Source: ATSB report published 8 June 2023).

REX Pilot Federation

Regional Express Saab Fleet

Whilst there is always a range of matters occurring in Rex’s Saab operation, there are some important developments to occur shortly for Saab pilots, as a result of provisions in the current enterprise agreement (EA) that came into force in December 2022.

One of the major changes introduced in the new EA was the introduction of ten Rostered Days Off (RDOs) per roster period. This was a proposal that a member suggested during the bargaining process, which quickly gained support from many Saab pilots.

If required, Rex does retain the option to “buy back” up to two of those additional RDOs at the rostering stage (at the rate of 0.5% of the pilot’s annual salary and additions for each day).

In conjuction with that change, Rex also agreed to a proposal that it would backpay all pilots in instances where they had worked more than 18 days (correlating to a situation where a pilot is already receiving ten RDOs) in any roster period after 1 April 2021.

In that situation, Rex is required to pay all pilots a lump sum for those additional days worked, once the company reports a full year profit before tax at least $10 million, or a pro-rated amount in any year where a profit of less than $10 million is reported, with a minimum payment of a third of the total back pay due by 30 June 2023, a third due by 30 June 2024, and the final third no later than 30 June 2025.

In addition, Consumer Price Index (CPI) increases to salary and additions (within the range of 2% and 4% had to be paid annually on 1 July each year, except in 2026 (when it is payable on 30 June 2026).

Unfortunately, no proposed agreement is ever perfect. As the Rex Council acknowledged at the time, situations change over time, the Award and legislation can be changed, new provisions are tested, flaws are discovered, and omissions are identified.

As such, there may already be some changes that will be required to the content of the current EA in the next bargaining process.

Regional Express Boeing 737 Fleet

After further negotiations with the AFAP during the first half of 2023, Rex Airlines conducted a second ballot of their B737 pilots, to ascertain whether the pilot group were agreeable to the latest version of Rex’s draft EA.

Importantly, throughout the protracted negotiations for the B737 EA, which lasted approximately two and a half years, the AFAP was able to convince Rex’s management to make significant improvements to a wide range of conditions that Rex first offered. Even at the time the second ballot closed on 14 June, the AFAP was still attempting to improve a number of those provisions. concerned that Rex’s offer still fell short of matching the wages and conditions at several other airlines.

However, the B737 pilot group was obviously keen to put the proposed EA into place, with approximately 72% of pilots voting in favour of Rex’s latest offer.

An application will now been made by Rex to the FWC for approval of the proposed EA. The FWC’s consideration of any proposed EA can take some weeks. Until the proposed EA has been approved by the FWC, and goes into legal effect seven days later, the terms of the Award and the existing contract of employment for each individual pilot will continue to apply.

National Jet Express

Bargaining at National Jet Express (previously Cobham), culminating in the failed vote in mid-2022, was followed by a restart in bargaining with Regional Express upon its acquisition of NJE.

That bargaining, while drawn out and detailed, has never-the-less been making progress – albeit some may suggest at glacial pace.

In recognition of these delays, the new management passed on the 2021 CPI adjustment (1.1%) committed to by the former Cobham management, and paid that increase with back pay even though a full agreement is not reached.

We can now report that only a few matters need to be resolved and we are hopeful a revised agreement will be reached soon for pilots to vote on with further meetings scheduled throughout June and July.

10 Air Pilot

Pel-Air Aviation

The pilots involved in the aeromedical operations of Pel-Air Aviation were successful in getting Pel-Air to commence bargaining for an EA late last year.

A Notice of Employee Representational Rights (NERR) was issued by Pel-Air on 16 December 2022.

Since the legal commencement of bargaining, the AFAP has raised a Log of Claims, provided detailed feedback, sought to trial some of the conditions, and been available for meetings.

However, Pel-Air has not yet contributed meaningfully to the process. Consequently, AFAP members will need to consider options to push bargaining along if progress continues to be stalled.

The AFAP has completed a recent survey which demonstrates that the challenges faced by employees are immediate.

The delay in the progress of bargaining is having a greater impact on the pilot group, and the AFAP will continue to seek more immediate results where possible.

At the same time, Pel-Air recently announced it was implementing video/audio recording devices in the King Air B350 fleet (in NSW), without any discussion or consultation with the pilot group or the AFAP.

The AFAP is considering this unwarranted development carefully and is exploring all possible legal avenues.

Member Benefit - LogTen Pro

As a member-only benefit, the AFAP has a special offer discount on the subscription for the LogTen professional pilot logbook for iPhone, iPad, Apple Watch, and Mac.

This is a 50% discount on the first year for new subscribers (to either LogTen Basic or LogTen Pro) and an ongoing discount thereafter depending on the subscription chosen.

Existing LogTen subscribers are also eligible to receive the AFAP ongoing discounted rate.

This market-leading advanced logbook offers pilots:

• Total flexibility - hundreds of options for tracking everything you need and want to track, as well as the ability to create your own filters, groups, and reports;

• Instant access to detailed analysis of your data including tracking certificates, currencies and endorsements;

• iCloud backup, instant iCloud sync between devices, digital signatures, print official logbook reports etc

Sign up now at https://coradine.com/logten4afap/

You will be asked to provide your AFAP membership number. If you need help with remembering it, contact AFAP Member Services via admin@afap.org.au

If you are already a LogTen Pro customer please contact the Coradine support team via marketing@coradine.com to ensure you receive the ongoing discount.

Coradine can also provide support for pilots wanting to switch over to LogTen from another electronic format.

NO. 1| 2023 11
Pel Air Saab 340A at Wagga Wagga airport

IFALPA NEWS

77th IFALPA Conference

The International Federation of Air Line Pilots (IFALPA) holds an annual general assembly in the form of a fourday conference where participants, representing their Member Associations, meet with other professionals in the commercial pilot community to discuss current developments and recommend policies to promote the highest level of flight safety.

This year, the 77th IFALPA Conference was held over 4-7 May 2023 near the Federation's headquarters in Montreal, Canada.

The city of Montreal is a recognised international hub for aerospace and aviation. With world-class aerospace manufacturers and the global headquarters of the International Civil Aviation Organisation (ICAO), and other industry associations, our delegation was afforded opportunities to meet with key players.

Following official welcomes from the Canadian Minister for Transport Omar Alghabra, and outgoing IFALPA President Captain Jack Netskar, there were a number of plenary sessions, including presentations from the International Civil Aviation Organisation (ICAO) where Council President Salvatore Sciacchitano and Air Navigation Bureau Director Stephen P Creamer covered various topics including ICAO's response throughout the COVID-19 pandemic.

The keynote address was delivered by Professor Sidney Dekker PhD (Director of the Safety Science Innovation Laboratory at Griffith University in Brisbane, Australia and Professor at the Faculty of Aerospace Engineering at Delft University, Netherlands).

Prof Dekker presented on ‘The Seven Habits of a Safe Airline’ - a lively and truly passionate speech about Positive Safety Culture.

There was also discussion of IFALPA’s position around proposed single pilot operations; pilot mental health and peer support programs; how IFALPA can best assist member associations; and updates of regional ICAO meetings attended by IFALPA delegates.

Topics covered in the regional meetings included briefings from each member association of issues affecting countries in their areas. Through AusALPA, the AFAP was involved in putting forward a safety request to our regional chair in order to alert international pilots to our growing concern with ATC deficiencies in Australia.

Around 300 pilot leaders from around the globe stood in solidarity with Sindicato Español de Pilotos de Líneas Aéreas (SEPLA) members at Air Europa and Air Nostrum who have strike action starting on 19 June across Spain.

Outgoing IFALPA President Capt Jack Netskar warmly welcomed new Member Associations - Sindicato de Pilotos de LAN Peru (SIPLAP) and the Emirates Aviation Association (EAA) - growing IFALPA further from the original 13 founding member associations (including the AFAP) in 1948.

Capt Netskar (Norway) awarded five Scrolls of Merit in recognition of the distinguished work of Capt Evan Cullen (Ireland), Capt Tanja Harter (Germany), Capt Peter Beer (Germany), Capt Heriberto Salazar (Mexico), and Capt Glen Finch (Canada) and and thanked them for their "dedication and brilliance".

He also congratulated all the newly elected and returning officers - including the AFAP's very own Anna Wakelin and Matt Nielsen - and thanked the outgoing officers who have completed their terms.

Regional Vice-Presidents Asia & Pacific

South of Pacific – FO Anna Wakelin Australia

North of Pacific – Capt Hideaki Matsumoto Japan

Asia East – Capt Nickolas Lagouros,Singapore

Asia West – Capt Shavantha Pedris Sri Lanka

US/Central East Pacific – Capt Ron Hay USA

From left: Capt Matt Nielsen (IFALPA Standing Committee ChairHelicopters), Capt Amornvaj Mansumitchai (IFALPA President), FO Anna Wakelin (IFALPA Regional Vice President - South of Pacific) and Capt Louise Pole (AFAP President).
12 Air Pilot

Global Pilots Symposium

Each year, on the day preceding the IFALPA Conference, a Global Pilots Symposium is held bringing pilots together to discuss and debate substantive issues of common interest to commercial pilots.

This year's symposium held on 4 May, focussed on the world's pilots working together in a unified manner with a singular message.

The day began with a panel discussion on new and improved mutual assistance concepts that involve commercial pilots helping other pilots through a focus on quick, active responses, both in person and on social media to enhance global pilot unity.

The symposium also focussed on reduced crew operations, an emerging and common threat to passenger transport services internationally.

IFALPA Human Performance Committee Chair Capt Tanja Harter joined a panel of other pilots to discuss reduced crew operations, single crew operations and associated safety hazards and threats foreseen by pilots.

IFALPA Technical Officer Capt Priya Doobares presented IFALPA's position paper on Extended Minimum Crew Operations and concluded by achieving agreement from the pilots present on a collective position:

'Safety Starts with 2' campaign

The safety of every airline flight always starts with at least two qualified pilots on the flight deck.

Currently, every aspect of a flight, from procedures to operations, is designed for two pilots. Trained pilots cope with complex operations beyond flying the aircraft - such as passengers with medical emergencies to inflight security threats.

Pilots are the last line of defence against aircraft accidents. We are much more than a reactive profession - we proactively define mitigations and protections every day we work. That cannot be diluted without diluting passenger safety

For more resources visit: safetystartswith2.com

NO. 1 | 2023 13
From left: Capt Louise Pole (AFAP President), Capt Ishtiaque Hossain (outgoing IFALPA Executive Vice President - Asia West) Simon Lutton (AFAP Chief Executive), FO Anna Wakelin (IFALPA Regional Vice President - South of Pacific), Capt Marcus Diamond (AFAP Safety & Technical Manager), Capt Philip Remilton (AFAP Safety & Technical Director) and Capt Matthew Nielsen (IFALPA Standing Committee Chair - Helicopters),.
"Removing pilots from the flight deck is gambling with safety.
Pilots around the world are unified to stop this effort."

EASTERN

Pilot Federation

Following the recent nomination process for vacancies on the Eastern Pilot Council (EPC) all positions were filled and the new Council members met for the first time on 31 May in Sydney.

The EPC brings an balanced spread of experience and rank with equal representaton of Captains and First Officers ensuring a good foundation as we head into possibly difficult EA negotiations.

Negotiations & Foreign Pilot Labour

Earlier in the year, the EPC conducted a survey of its members to help develop the log of claims. At the subsequent meeting the main elements of the claim were spelt out:

• Increase pay well above the 3% to ensure Fair Work ratification. As with Jetstar, retain the relativities between the ranks.

• To address ‘loyalty’ and retention, have additional pay points for length of service and increased loyalty payments for those remaining in Eastern.

• Fairly remunerate FOs achieving 2000 hours.

• Recognising the majority of pilots operate out of two expensive cities (Melbourne and Sydney) – so some sort of ‘city weighting’.

• Seek to obtain the same Super clause that Sunstate pilots have enjoyed for some time, namely 1% over the super guarantee rate.

• Extend the DHA to cover all time away from home base (without loss of other allowances).

• Ensure all allowances are increased not by 3% but by CPI or 3% whichever the greater.

• Update the Jet rates contained in the EA to reflect industry standard.

Just prior to the last negotiating meeting in April a bombshell was dropped with the company seeking to request to sponsor from overseas - two Dash 8 pilots per year for the next five years and three simulator instructors per year for the next five years - which was effectively an admission that Qantaslink cannot attract or retain pilots.

Both the Sunstate and Eastern Pilot Councils were wholeheartedly opposed to this request, which was especially bizarre as during the EA meetings the

company had maintained their line that recruitment and retention was not a problem and that adherence to the 'Wages Policy’ would still have to occur.

This paradox was subsequently highlighted with the Company as the negotiating team spelt out in no uncertain terms that the wages in Eastern (and Qantaslink) were so poor that there had to be a radical overhaul of the salary structure to rectify the problems of their own making and that the company had to move away from this inflexible wages policy approach that was hurting Eastern pilots and forcing current pilots to look elsewhere for more lucrative jobs.

The company representatives were, surprisingly, taken aback by the forceful application of this argument and consequently the follow up meeting in May was cancelled as they indicated they needed to look closely into how to address our concerns.

The recent wages review that delivered 5.75% increases to Awards will also significantly impact negotiations on the basis that the entry rates in Eastern would now be well below the Award rate.

The most recent Pilot Council also confirmed that the level of discontent within the pilot group was growing significantly and so future negotiations could well prove difficult throughout 2023.

14 Air Pilot
Seated (left to right) at the EPC committee meeting held 31 May are Capt Shabbir Parekh, Capt Brendan Quaife, FO Tim Anderson, EPC Vice-chair Capt Ben Moss and EPC Chair Capt Nathan Hayes while joining online are FO James Kosenko, FO Michael Ward and FO Will Hamilton.

MEMBER TRAINING

Exclusive courses free for AFAP members

As an ongoing service to members, the AFAP offers comprehensive, day-long training courses on topics of interest to the membership.

The training courses are provided free-of-charge and exclusively for members by the AFAP's industrial, legal, and safety & technical staff.

AFAP staff members Andrew Molnar (Legal Counsel) and Pat Larkins (Senior Industrial/Legal Officer) along with Captain Marcus Diamond (Safety & Technical Manager) recently presented at two courses held at Rowers on Cooks River in Sydney - Accident & Incident Training (30 May) and Negotiation Training (31 May).

Accident & Incident (A&I) Training

Knowing what to do (and importantly what not to do) in the event of an accident or serious incident is something every pilot should consider.

By attending this training pilots are ensuring that they will know their rights and obligations in the case of an accident or serious incident.

This training helps pilots understand:

• The regulatory framework underpinning accident investigation in Australia

• Pilots’ rights, responsibilities and obligations in the case of an accident or incident

• The practical steps necessary to follow in order to protect your interests in the event of an accident or incident.

Negotiation Training

The Negotiation Training course is designed to provide attendees with an understanding of the industrial negotiation skills and resources needed to become an effective industrial negotiator.

Pilots participating gain insight into the legal and industrial framework in which enterprise agreement negotiations take place and learn about the role of an AFAP Pilot Representative.

This training provides pilots with;

• The legal and industrial framework in enterprise agreement negotiations

• Commencement of bargaining - negotiation process and strategies

• Options under the Fair Work Act when agreement cannot be reached

• Post implementation - disputes over terms of enterprise agreements

- Negotiation Training participant (May 2023)

Our training courses are very popular with members and places usually fill up fast. Members will have received an email invitation to the next AFAP training courses being held in Perth over 15-16 August. Please register by email to admin@afap.org.au or call (03) 9928 5737.

Save the date: Training courses

15 August - Accident & Incident

16 August - Negotiation

Mantra on Murray, 305 Murray Street, Perth WA

NO. 1 | 2023 15
"I found it beneficial to be in the same room with people that all had the same aim - namely to support and improve conditions for pilots.
It can be lonely back in the workplace when dealing with industrial issues so I felt like I was amongst friends during the course."
AFAP Safety & Technical Director Captain Marcus Diamond (in foreground) presenting at the recent Accident & Incident Training course held at Rowers on Cook River in Sydney on 30 May 2023.

NATIONAL Pilot Council

Airwork

Five Airwork pilots have come forward to be involved in the resumed Enterprise Agreement (EA) negotiations. Due to the highly fluid pilot market, a log of claims has been devised to better attract and retain pilots as turnover within the company has been problematic.

The negotiating team has met with the company on three occasions to progress the log of claims to replace the EA that expired in June 2020. Thankfully the previous agreement included a clause for salary increases in line with CPI to continue until a replacement EA comes into effect.

Negotiations are not progressing well with the company already only offering a 3% for salary increases despite high cost of living pressures. Further meetings are scheduled and it is hoped more meaningful responses and offers will be forthcoming from the company. It is expected that further feedback will have to be sought from the membership group to potentially apply some more pressure on the employer.

Alliance & Bravo

The widely reported potential sale of the Alliance group, including Bravo Airlines (the employing entity for E190 pilots), to Qantas overshadows most industrial discussions. In 2019 Qantas purchased 19.9% of Alliance, and expressed its interest in ultimately acquiring all of it. The Australian Competition and Consumer Commission (ACCC) has this year opposed the acquisition by Qantas.

This has not, however, impacted Qantas' decision to wet-lease even more Embraer 190 jets from Alliance. In recent news it was said that Qantas intends to increase the total to 22 airframes wet-leased in the near future.

In a separate important development for AFAP members with Alliance and Bravo, in late April all pilots based in Queensland were advised that the two companies were intending to soon commence negotiations for a single interest enterprise agreement. While this was an unexpected development, both pilot groups being under a single EA makes sense.

The AFAP had already been approached by members employed in Queensland looking to commence bargaining for a new EA, given that their existing EA had passed its nominal expiry date nearly two years ago.

Bravo E190 pilots in other states have been surprised by the bargaining development in Queensland. There seems to be a widespread view amongst AFAP members at Bravo that they would prefer a single EA covering all the Company’s E190 pilots.

Given that Bravo has at times struggled to retain experienced pilots, the AFAP questions why the company would now believe having some pilots on an EA, whilst others remain on the Air Pilot Award, is likely to resolve that immediate problem.

The AFAP is commencing court action against Bravo Airlines relating to Alliance/Bravo withholding monies on termination from pilots who allegedly broke bond agreements relating to E190 training. These pilots were already E190 type-rated when they joined Bravo.

The key issue to be determined is whether a pilot can be bonded for training relating to a type rating they already hold. The AFAP’s position is that under the Award a pilot cannot be bonded for a type rating they already hold. This is an important issue which could have significant implications for other areas of the industry.

Bonza Airlines

In recent months, the AFAP has been contacted by members who have, or are considering, a Bonza job offer.

Obviously it takes a new operation time to ‘settle in’, but the AFAP is already aware of some early concerns that members have raised in relation to the overall pay and conditions that are on offer, and the hours they work.

The AFAP is closely monitoring the situation, and has contacted Bonza management to discuss the various issues of concern (before they potentially escalate).

16 Air Pilot
Alliance E190 aircraft

Civil Aviation Safety Authority

The AFAP and the Australian Licensed Aircraft Engineers' Association (ALAEA) have supported the Professionals Australia (PA) application for a Majority Support Determination, with the unions jointly seeking for bargaining to commence for a technical employees enterprise agreement.

While the matter was with the Fair Work Commission CASA unexpectedly notified it would start bargaining with the whole employee group, Due to this the application could not proceed.

The AFAP will support members with bargaining and work alongside the union group with PA, ALAEA and the Australian Public Sector Union (APSU). The aim continues to be to improve conditions for technical employees, including pilots employed at CASA. Agile working arrangements by CASA have continued to be implemented, as well as other ongoing change management with varied results.

Flight Training Adelaide

AFAP members raised concerns about the application of the Award conditions and suggested bargaining as a way forward for mutually beneficial tailored conditions. Flight Training Australia (FTA) did not respond positively to the request or acknowledge the benefits of an enterprise agreement, the employer went as far to tell employees bargaining would result in inflexible conditions.

Since the AFAP correspondence about duty hours began there has been more attention to these conditions by FTA. The AFAP and SA/QLD-based pilots are discussing options to address conditions through enterprise bargaining and a majority support determination.

Learn to Fly Australia

The AFAP assisted members who as existing employees were presented with contractor arrangements that included rates below the Air Pilots Award 2020. The positive outcome from the pilot group seeking AFAP assistance resulted in the employer providing part time contracts upholding the object of employment in the Fair Work Act and Award. The AFAP continues to work with members regarding various concerns.

Leidos Airborne Solutions

Bargaining at Leidos Airborne Solutions (formerly Cobham Special Mission) that had paused throughout COVID-19 resumed in December 2022 and further meetings were scheduled for March this year.

However, since then Leidos management has ignored requests to respond to the proposals and claims put forward by the pilots (and observers) and has only offered to next meet at the end of June – 110 days since the March meeting.

As a consequence, the AFAP was forced to do what is very rarely done – seek Good Faith Bargaining Orders against the company for it refusing to bargain in good faith – refusing to schedule regular and timely meetings and refusing to respond to proposals and to provide relevant information.

Fortunately, good sense prevailed. At the 11th hour, and literally during the proceedings before the FWC's Deputy President Colman on 9 June, the company agreed to not only respond to the employees’ proposals and claims, but also agreed to schedule a further two meetings. As a result a full hearing was avoided.

At the same time, the company has decided to reintroduce fly-in, fly-out arrangements. These. arrangements will be subject to bargaining which will be considered when the parties resume negotiations.

NO. 1 | 2023 17
Australian Maritime Safety Authority (AMSA) Bombardier Challenger search and rescue aircraft (displaying artwork by Torres Straits artist Michael Nona) at Essendon airport.

Network Aviation Australia

The last six months for the Perth-based Qantas subsidiary has been a testing time during some fraught EA negotiations. Coordination between the three pilot unions during negotiations had been good and member meetings were well attended over two days. As a result of these member meetings the unions believed they had secured some concessions from the company that warranted an in-principle agreement.

Progress has slowed as differences in positions became more evident before drafting has even commenced, and the release of further information from the company detailing the main elements of the potential deal has resulted in a significant groundswell of opinion in opposition to the proposed deal. The pilot views have understandably been further enraged with the recent record profit announcement for Qantas.

AFAP membership has grown quickly with a 50% increase in membership over 12 months. In light of the high membership numbers and a keen cohort of member representatives, the pilot group are considering a motion to establish a Network Pilot Council. A first (informal) meeting held 9 June in Perth reviewed the position of the pilots towards the potential EA and began to address other ongoing pilot matters. Pearl

Progress in negotiations for a new EA has slowed in 2023. In late-2022, after several face-to-face meetings with management, it seemed some significant advances were being achieved in the negotiations.

Unfortunately, since then, Pearl management has resorted in recent months to simply exchanging emails with the AFAP, and has chosen to make only a limited number of concessions.

While only a few key items remain to resolve, one of those is in relation to significant pay increases in line with current market rates. With the recent news that the Award rate is increasing by 5.75%, the Company’s most recent salary offer looks even less inviting.

Pionair

Over the past 12-18 months, there have been a number of industrial concerns of various types raised by members at Pionair. The AFAP has noted a sharp decline in such concerns in recent months, but is concerned that the decline may have come about purely because of the resignation of a number of long-term employees from the company, rather than any significant improvements instigated by management.

Importantly though, it was announced recently that the company has been bought by a large overseas freight operator. The AFAP is hopeful that the purchase of the company may benefit members, in the form of better working conditions, and a significant increase in opportunities, resulting from proposed changes to the company’s overall fleet.

The purchase may also help to reinvigorate the stalled bargaining for a new enterprise agreement. Unfortunately the bargaining process that was occurring in the first half of 2022 came to a sharp halt as a result of the turn-over of Pilot representatives.

Skytrans

The AFAP had been hopeful that there would have been a start to the negotiations for an enterprise agreement already this year with Skytrans. That said, the AFAP is aware that any negotiations would not be straightforward.

The Company’s DH8 operations from Cairns and Brisbane are significantly different in nature to those of the C208 operations from Horn Island, and different provisions would need to be included in the one EA to cover those differences.

With the usual turnover of staff in general aviation, the AFAP has also lost at least one important Pilot representative from the Company so far in 2023, further hindering any plans to commence the bargaining process. Time will tell if more progress can be achieved in the second half of 2023.

18 Air Pilot
Pearl Aviation's Metro 23 aircraft in Darwin. Pionair Australia BAe146-200 at Sydney Airport

ROYAL FLYING DOCTOR SERVICE

RFDS Western Operations

A new enterprise agreement (EA) was voted up by RFDS WO pilots in May and is currently before the Fair Work Commission undergoing the approval process. It has significant benefits for the pilots.:

• Up to an 18% increase to base salary (depending on years of service) upon agreement commencement

• Annual increases of 3%, with the final increase to occur just before the nominal expiry date of the agreement

• Up to $15,000 payment (depending on years of service) upon agreement commencement

• An $8,000 retention payment after 24 months

• Clarifications and certainty around PC24 type bonding

• Improved rostering provisions, providing more certainty

• A nominal expiry date three years from agreement commencement.

Negotiations for this EA began in September 2021 and were dragged out because of inaction on the part of the company, and because we had to deal with a completely new RFDS WO management negotiation team.

Because of the sub-standard offers from the RFDS WO, it was necessary to apply for a protected industrial action (PIA) ballot order which was overwhelmingly voted up by AFAP members. This had the intended effect of the RFDS WO moving towards a more realistic offer, and it was not necessary to take the PIA,

We are pleased negotiations have concluded and resulted in an offer acceptable to the pilots. This agreement will form a good base for negotiating again in three years.

RFDS Central Operations

After nearly 18 months of negotiations, a new RFDS CO EA has almost been concluded. Drafting is completed and the EA will lodged with the FWC in July if the pilot ballot currently underway is succesful. The AFAP is recommending acceptance of the new EA.

The length of negotiations was not helped with long pauses and last minute changes from the employer, after an in-principle agreement had been reached early2023. (or so the negotiating team believed).

The result of these frustrating delay tactics undertaken by company management was that the AFAP had to undertake further member consultation in the first quarter of 2023 where, in light of the pressing economic conditions and with high pilot turnover, the AFAP was urgently seeking a resolution on a number of key issues

The potential new deal will hopefully bring the RFDS CO EA up to a proper standard and assist in reducing the currently high turnover within the operation.

RFDS Queensland

Negotiations for a new EA started early-May following up on an EA variation negotiated mid-2022 (and supported in the subsequent ballot by a majority of pilots) that extended the nominal expiry date of the existing EA to 31 August 2023. There was an increase in the hourly rate for work on a RDO, and an agreement to pay a salary increase of 5.5% from 1 July 2022.

The current negotiations are not for a short-term variation, but for a brand new EA to last 3-4 years. The early stage of negotiations have both RFDS QLD management and the AFAP bargaining team discussing their respective Logs of Claims for the new EA.

The AFAP reps have advised that the pilot group seeks many changes to the existing EA, including increases to various remuneration items, greater flexibility around accessing annual leave, changes to a number of current rostering restrictions, improvements in the ’Remote Area Package’ for pilots who are based in western Queensland, along with a range of other singular issues.

The pilot group is aware of the outcomes of recent EA negotiations in other RFDS operations around Australia, as well as other ongoing negotiations in other employee groups within RFDS QLD. They have been stressing to management that the operation has been consistently short of pilots for many years and this needs resolving.

RFDS South Eastern Section

The RDFS SES has recently initiated bargaining for a new EA which will bring all pilots based in New South Wales (Bankstown, Broken Hill and Dubbo), Launceston and Essendon together under a single agreement and replace the existing operation specific EAs which have operated historically in NSW, Launceston and Dubbo. Overall, the AFAP supports the objective of the RFDS SE to move to one EA for all RFDS SES pilots no matter where they are located and have greater alignment in pilot salaries and conditions across the organisation,

The AFAP RFDS SES negotiating committee's pilot representatives Shane Brooke (Broken Hill), Mark Woods (Mascot) Jesse Hawtree (Launceston) and Brett Reynish (Dubbo) along with the AFAP's Deanna Cain have complied and submitted a log of claims based on the member feedback. The AFAP’s claims include a simplified salary structure (i.e. a base salary inclusive of all salary allowances and additions), pay parity for Launceston pilots who are currently paid much less than their NSW counterparts for performing essentially the same job and the introduction of an Equal Time Roster which would bring RFDS SES in line with other aeromedical organisations and other industry EAs.

Bargaining has not progressed any further than the parties exchanging a log of claims, however the discussions so far have been positive.

RFDS UPDATE
NO. 1| 2023 19

RESILIENT PILOT Mentoring & Professional Development

The AFAP Resilient Pilot professional development program continues to provide pilots a pathway to improve competencies, confidence and stay connected. The AFAP Executive recently approved 50% funding for the program, aiming to encourage AFAP members to participate. The offer was incredibly popular, and the available slots were filled within just two days with the new group of members already commenced. Through this program, pilots gain access to a comprehensive selfpaced program that includes the following components:

Technical & Non-technical group workshops

Pilots engage in discussions around personal and professional countermeasures. They work together to address operational dilemmas and reach a consensus. The workshops provide a valuable opportunity for pilots to learn from other's experiences by gaining insights into different flight deck behaviours and techniques.

Competency Development Scenario (CDS)

The CDS sessions have gained significant popularity with pilots exposed to different flight deck options; A320, B737, A340 and (coming soon) a Metroliner with early investigation into a helicopter option. Each session is attended by only two pilots and facilitated by competency-based training instructors. Pilots are presented with problems and dilemmas to work through, allowing them to practice and enhance their ICAO competencies. These sessions are completely non-jeopardy, encouraging pilots to first identify and acknowledge the competencies they excel in. By doing so, they become more open to self-identifying areas in which they can further improve.

Participants self-assess their competencies, and the facilitator records observations in the Quantum software, which generates a global average of development.

In the graph below instructor grading is displayed as an example to demonstrate the continued improvement. Participants can also review their own individual results.

AFAP Resilient Pilot mentoring/coaching differs from a training environment as there is no syllabus, no jeopardy and mentors are trained to guide a mentee rather than provide their own version of the answers. The transformation in confidence is described by one of our mentors as ‘quite remarkable’. All our mentors sign a ‘volunteer charter’ to ensure the discussions are kept private and therefore can be open and candid.

Resilient Pilot resources hub

After attending either the group workshop or CDS, pilots can continue their competency development at their own pace. Their subscription also allows access to the Resilient Pilot resource hub that offers a fourstep pathway for progress: Learn, Develop, Practice, and Expand. Resilient Pilot is also about to launch the next iteration called ‘The Resilience Hub’ which expands to include personal countermeasures as well.

Mentoring/Coaching

To complete the learning loop, AFAP Resilient Pilot program participants can access AFAP mentor/coaches who adhere to the European Mentoring and Coaching Council guidelines (EMCC). Pilots can schedule one-onone sessions with these mentors/coaches through the Resilient Pilot website or app.

If you missed the 50% funding offer, there's still a chance for you to join the program. The cost for AFAP members is £250/AUD$475 per year (usually £300/ AUD$570) as we collaborate with Resilient Pilot, with the entire cost going towards the backend operations of the program. This is an affordable investment in your continuous professional development. We are actively working with a regional airline that supports their pilots by funding the program's cost, and we encourage other airlines to consider this option. In the meantime, the self-funded option remains available to all members. We also recommend asking your advisor about possible tax deduction for the cost of professional development.

Benefits of the Resilient Pilot program

Originally designed to support redundant pilots, this program has evolved and is now utilised by pilots in various situations, including:

• Competency development

• First career steps (e.g. first job, first multi-crew, first multi-crew command upgrade)

• Pre-type rating practice

• Preparation for proficiency checks

• Post-operational events to regain confidence & provide evidence of progress for a return-to-work pathway

• Familiarisation with evidence-based training processes and the necessary shift in thinking

Request a Resilient PIlot program demonstration video from technical@afap.org.au

20 Air Pilot
Improvement in participant competencies (Source: Resilient Pilot)

AFAP & AAPMBF Scholarships

Aviation has been an obsession for University of South Australia (Uni of SA) final-year Bachelor of Aviation student Anthony King for as long as he can remember.

“Growing up I built, flew and occasionally crashed model planes, played with every flight simulator released by Microsoft, and went to every air show I could.”

His interest in piloting was sparked when he first flew an aircraft aged 13 as part of a trial introductory flight. A Private Pilot Licence followed in 2017 and his enthusiasm has not wavered since.

“It’s a wonderful thing that the more I get involved in aviation, and the more I study it, the more I love it, says Anthony. “I am incredibly keen to have flying as my career as it’s something I doubt I’ll ever get sick of and will always enjoy.”

Winning an AFAP & MBF scholarship has boosted Anthony’s confidence and is “incredibly empowering and a great source of pride” while it also recognises his dedication to his studies and flying lessons.

“The financial support has also been fantastic. As I’m a self-supporting university student, every dollar helps, especially with a degree as expensive as this,” says Anthony.

“With hundreds of dollars required for textbooks, aviation charts and publications, and equipment, the support this scholarship has provided has been a huge relief financially and also mentally.”

The $3000 scholarship has allowed Anthony to focus more on his studies and flying resulting in higher grades.

He recently passed the CASA Instrument Exam (IREX) with a 91% and credits this result “in part due to the support the AFAP and MBF scholarship has provided”.

Close to obtaining his Commercial Pilots Licence, Anthony expects to complete all his university studies and progress his flying to gain a Multi-engine Command Instrument Rating (MECIR) by November this year.

Flight training with the Uni of SA is delivered in partnership with Flight Training Adelaide at Parafield airport and Anthony is flying as much as he possibly can.

“During busy periods, especially when coming up to a module check flight, I can be flying almost every day. I’ve had a few times where I’ve had a flight in the morning, followed by an Instrument Flying simulator session, then followed by a second flight to end the day.”

Anthony has already been accepted into the Qantas Future Pilot Program at the Uni of SA. This program mentors promising students for entry into Qantas.

While Anthony’s plans include obtaining an instructor rating and instructing, then ultimately ending up flying for Qantas, he remains open to opportunities.

"I love the idea of being the person who safely flies people to their holiday destinations, and then back home again,” says Anthony.

Through the New Wings program, the AFAP and AAP MBF jointly fund annual scholarships to the value of $3000 for student pilots at seven Australian universities

NO. 1 | 2023 21
MBF Board member Captain George Mackison (left) with scholarship recipient Anthony King at the STEM Awards Ceremony held on 5 May 2023 at the University of South Australia..
“It is also great to receive recognition of efforts put into this degree, as often it's easy to forget just how far I’ve come."
“In all honesty, I'd happily fly anything with wings."
AFAP NEW WINGS

SUNSTATE

Pilot Federation

New Sunstate Pilot Council

Following the new council meeting in December 2022, the Sunstate Pilot Council (SPC) was soon faced with further change following the Qantas decision to recommence the movement of pilots on the ‘mainline hold list’.

The immediate impact was that one of newly elected Council members, Clinton Shiell, obtained his start date and has now resigned from the Council. The Council wish him well in his career and hope the vacancy becomes filled in the second half of the year.

The SPC is now made up by committee members Jarrod Blaker (Chair), Anthony Berko (Vice Chair), Richard Copland, Jason Dadge, Dan Lyons, Louise Pole and Russell Thompson.

Enterprise Bargaining

There have been a number of meetings with company representatives during the first half of 2023. These have been in addition to a set of member meetings held at every Sunstate base in late March/early April.

At one of the first meetings with the company it was explained that their simple adherence to a wages policy would not in any way meet the aspirations of the pilot group and that there had to be a recognition that the pilot group was facing real cost of living pressures and real employment alternatives.

Consequently, it was explained that unless the company seriously addressed loyalty, retention payments and increased years of service across the board, then any acceptance of an EA by the pilot group would be highly unlikely.

The company was also forewarned that they would have to address their ongoing practice of keeping a large number of their pilots close to the Award rates, as this in no way would aid retention of pilots in the current climate.

The negotiating environment has recently become more intense following the company writing to the AFAP to seek our approval for them to alter their labour agreement and recruit an additional 60 non-Australian pilots and 15 simulator instructors in QantasLink over five years.

In light of this admission from the company that they couldn’t recruit and retain pilots into QantasLink, the last negotiating meeting was solely focussed on the pilot team strongly reinforcing that the difficulty was down to the unattractive salaries within QantasLink.

It was forcibly pointed out that as a first step it was essential that the QantasLink pay structure was fixed before other negotiating topics would be addressed.

The net effect of this has been the company has cancelled the negotiating meeting in May whilst they reassess their position in light of the strong message from the Sunstate negotiating team. It is hoped this will result in a meaningful offer being tabled in the second half of 2023.

Foreign Pilot Recruitment

QantasLink management wrote to the AFAP in April to inform us the company was seeking to recruit foreign pilots. The rationale given was that the release of pilots to Qantas Mainline and the over-reliance on incoming graduates was not sustainable.

The AFAP strongly rejected this argument with the following extract from our letter of DATE? to the company succinctly summarising the true reason behind the company’s recruitment and retention problems:

While the company has responded by effectively reiterating their position, the SPC will remain firmly opposed to this effort by Qantas to artifically keep the salary levels in QantasLink uncompetitive.

22 Air Pilot
"Qantas has an economic arrogance, which they openly express in negotiations, in which they believe regardless of the terms and conditions of employment pilots will always want to work for the national flag carrier.
Secondly the Qantas group has a heavily centralised ‘wages policy’ that is strictly applied.
The inflexibility of this wages policy at a time of significant cost of living pressures coupled with a more flexible approach from other competitor operators is now placing Qantas in a predicament.”

NATIONAL JET SYSTEMS Pilot Council

The newly constituted National Jet Systems (NJS) Council has grown with the nomination and successful election of Anthony Clouting (Brisbane), Eric Galliers (Brisbane) and Justin Gordon (Melbourne). The first formal Council meeting is scheduled for 21 June and there will be many significant issues to discuss.

Fleet Transition to A220 type

The last NJS EA was rushed through by the company during the pandemic on the premise (falsely the AFAP believed) that it was required to enable a new A220 fleet to be directed towards NJS as a replacement for the ageing 717 fleet. Consequently, the early part of 2023 has seen ongoing consultation regarding the details around the transition to the new fleet.

Initially the plan would have seen the retirement of the B717s being completed by September 2024, with the first retirements occurring in March 2023 and first A220 introduced in November 2023.

The complexities include the company cannot, after the introduction of the first few aircraft into Melbourne, detail where the subsequent aircraft will be introduced. This has understandably led to nervousness at some of the bases despite the company indicating that no base is intended to close.

Request for External/Foreign Pilots

Further problems have occurred in that to avoid "greenon-green" issues within the flight deck, CASA is requiring that at least one crew member must have 100 hours on type, which for a completely new aircraft in Australia and with minimal new hulls across the world, has resulted in the company seeking the AFAP’s approval for them to recruit foreign pilots (ie to vary their current Labour Agreement).

As a result of a request to recruit ten foreign pilots into NJS the AFAP provided qualified agreement on the basis that any enhancement in pay for these external pilots would have to also be applied to current NJS pilots.

That NJS seek further variations from CASA regarding the 100 on type and that current pilots are guaranteed not to be barred from accessing a base of their choice.

One of the problems from the short-sightedness of forcing through a sub-standard EA for the new 220’s is that historically attracting pilots into Australia for completely new aircraft would need more than an offer of permanency to reside.

Salary inducements for pilots from abroad to operate such a new aircraft globally, will in all likelihood be way above those offered in the current EA.

While it is expected that there will be ongoing consultation, there are currently increased pressures in that the retirement of the B717s has now seemingly been sped up,

Expressons of interest from current pilots wanting to transfer to the new fleet have been delayed and with B717s being retired quicker than new A220s are introduced, the subsequent knock-on effect on rosters and operating out of non-home basis is further complicating matters.

On a positive note the original 20 A220 hulls destined for NJS has been increased to 29 and it is expected that the pilot group will increase from 150 to 250 pilots. It will be a busy few months for the new Council.

New Contracts

In addition to the pressures being exerted with the fleet replacement, Qantas chose to also issue new Qantas contracts for those NJS pilots previously employed by Cobham and who transferred across with the purchase in 2020. Despite the delay to issuing new contracts, they were recently circulated along with very short timeframes to sign.

After interjection from the AFAP we have obtained some clarifications from the company regarding the contract and further meetings are planned to raise other concerns.

Thankfully the immediate signing deadlines have (at the time of writing) been pushed back to the end of June, although the AFAP is seeking this be extended until exchanges between the parties have concluded.

FAIR WORK ACT
NO. 1| 2023 23

QANTAS Mainline Council

Qantas Mainline Pilot Council

Three AFAP members who are also long-serving Qantas Mainline pilots have come forward to volunteer as representatives for the inaugural AFAP Qantas Mainline Council Committee.

We have already held a number of informal meetings with these pilots and commenced work and planning on how best to represent our Qantas Mainline members.

A further call for nominations, to be coordinated through the Australian Electoral Commission (AEC), is expected later this year at which time these pilots have indicated their intention to formally nominate.

Once formally confirmed by the AEC and the Fair Work Commission (FWC) as elected members of the AFAP Qantas Mainline Council Committee, these pilots will enjoy all the protections provided to workplace representatives under the Fair Work Act and receive all the rights provided under the AFAP's Rules to its elected officials.

Under our Rules, the Qantas Mainline Pilot Council is one of ten Pilot Councils within the AFAP’s federated structure. Like the other AFAP pilot councils it maintains full autonomy and control of its own affairs. It also has a say (and a certain number of votes depending on membership size) on matters that effect the broader industry. These industry-wide matters are discussed, and ideas shared, at regular meetings of our Executive Committee and at the Annual Convention.

Another significant development is that we have formally written to Qantas requesting they arrange for the payroll deduction of AFAP membership fees for those AFAP Qantas Mainline pilot members who wish to pay their fees via this facility.

We noted that the AFAP currently has payroll deduction arrangements with numerous other employers, including employers within the Qantas group. We also understand that Qantas provides the option of payroll deduction for members of other unions at Qantas Mainline.

The AFAP is keenly awaiting formal confirmation that Qantas will provide payroll deduction facilities for AFAP members.

We expect this will be a formality but realise it may take some time to establish the appropriate billing details and remittance arrangements with Qantas payroll.

On this basis we intend to set a conservative date for later this year at which time the payroll facility will commence. In the meantime, we are still encouraging any Qantas Mainline pilot who want to join via payroll deduction to do so even though the facility will not commence until later in the year.

Short-Haul EA Negotiations

The commencement of negotiations for a replacement agreement to the Short Haul Agreement which nominally expires on 31 August 2023 is imminent.

At the time of writing this article Qantas had not yet issued a Notice of Employee Representational Rights (NERR). This means that formal negotiations have not yet commenced.

We are expecting that they will commence shortly and, working in consultation with the Qantas pilots who have volunteered to form the first AFAP Qantas Mainline Council Committee (as detailed above), we have started work on developing a survey of members and selecting an appropriate Short Haul negotiating team.

Members will well remember that early last year Qantas pushed through a variation to the Qantas Short Haul Pilots Agreement to provide for the A320 family of aircraft under what Qantas called Project Winton.

In summary, Qantas required various changes and concessions to rostering and other clauses within the existing Qantas Short-Haul Pilots Agreement in order to guarantee the first 20 of the A321-XLR aircraft as replacement aircraft for the existing B737 fleet.

24 Air Pilot

Qantas also required these changes to conditions without providing any compensating benefits or improvements.

While no compensating benefits were provided under the proposed variation there was however a very explicit threat from Qantas that if the variation was not “voted up” they would explore giving the aircraft to other pilot groups.

Fast forward a year and the industrial environment is significantly different with high demand for pilots and even higher rates of inflation.

What may not be different is Qantas’s dogged commitment to its wage policy and the need for all groups to take a wage freeze. The AFAP has shown a willingness to explore all lawful options in support of an agreement and the ability to successfully navigate a difficult industrial landscape, as shown by the most recent Jetstar Pilots’ Agreement. The Short Haul negotiation is shaping up as a similar challenge.

Long-Haul EA Negotiations

AFAP Qantas Mainline Council Committee pilot representatives and the AFAP industrial and legal teams have also begun planning for the Long Haul negotiations which are expected to commence later this year.

The current Long Haul Enteprise Agreement (EA), as Qantas Pilots are all too aware, was voted up under the threat of outsourcing the A350 to a new entity.

Again, the process will be to establish a Long Haul negotiating committee and then survey members and develop claims for the negotiation.

At Long Haul the AFAP has also been watching with interest the A380 direct-entry Second Officer Training dispute. The matter is in the Federal Court and turns primarily on whether the refusal to agree to direct entry Second Officers on the A380 is reasonable. If not, the avenue available to Qantas is the Long Haul EA bypass pay provisions.

What's Next?

The negotiations at both Short Haul and Long Haul are shaping as pivotal points in the industrial history of Qantas Mainline. The cloud hanging over both these negotiations is the use of threats by Qantas (to the job security and career progression of Qantas Mainline pilots) in the preceding negotiations to achieve its productivity objectives.

The AFAP has a growing number of Qantas Mainline pilots joining or enquiring about joining the AFAP. This support is welcomed as increased membership numbers will improve our role and bargaining power in the upcoming negotiations.

Any member interested in Qantas Mainline developments or Qantas Mainline pilot interested in AFAP membership are welcome to contact AFAP Chief Executive Simon Lutton ( simon@afap.org.au ), Melbourne-based Senior Industrial/Legal Officer Pat Larkins (patrick@afap.org.au), or Brisbane-based Senior Industrial Officer Chris Aikens (chris@afap.org.au).

NO. 1 | 2023 25
Qantas' Airbus A380

HELICOPTER Pilot Council

CHC Offshore bargaining meetings have taken place regularly since February, although the agreement to start bargaining was reached in November 2022 when the parties exchanged their bargaining agendas.

Unfortunately, the bargaining agenda of the company is so ambitious it is unrealistic to the point of fanciful. It seeks to replace longstanding agreements around established work practices, rostering, travel arrangements (to simulator), removing maximum daily hours (currently 12) with a flawed and non-compliant Fatigue Risk Management System (FRMS).

In terms of remuneration the company now seeks to force wages further below the inflation rate, such that in real terms wage growth is in the negative.

The pilots’ agenda is to keep pace with inflation, seeking in terms of wages a continuation of CPI, what employers everywhere insisted on when CPI was below 2%. Suddenly, CPI is not so attractive to employers.

The company’s attempts to force in the changes it seeks around the 12 hours, unilateral removal of work practices and the imposition of its broken FRMS has simply meant we have been consumed with dispute after dispute as we manage the bargaining process.

This has forced, right in the middle of bargaining, the AFAP to notify disputes to the Fair Work Commission (FWC) to have the company pull back on its forced changes and to reinstate the status quo.

Stunningly, CHC Offshore disingenuously suggested that, after more than 30 years, it did not know it operated an offshore oil-and-gas two (multi) pilot operation.

This was the reason given for trying to abolish the 12-hour maximum rostering period. Fortunately, not even the new CHC Director could tolerate that argument and stepped in to restore good sense (although only after the AFAP lodged each of those disputes with FWC).

As a result, and after more than five months of bargaining, the AFAP has now made an application for a Protected Action Ballot Order (PABO) which the company has not approved. Under the new industrial relations laws, where the union makes an application for a PABO, the parties must now participate in a FWCconvened conciliation conference to try and reach agreement, or at least narrow matters not agreed.

Going through this process will be a first for the AFAP and is being explored for the first time by CHC members.

Off-Shore Australia, formerly Babcock Offshore until the acquisition by CHC, has now agreed to bargain following another successful Majority Support Determination application by the AFAP.

While those negotiations are yet to begin, the AFAP and all five representatives are currently reviewing submissions from pilots and comparable offshore agreements, especially CHC Offshore, as we formulate a comprehensive log of claims and bargaining agenda.

The representatives - Andrew Allport, Andrew Cox, David Dixon, Derek O’Neill and Adam Weir - are doing a fantastic job in bringing pilots together and coordinating their claims. We have scheduled a first meeting with the company to establish the bargaining process and to set schedules for further meetings.

Meanwhile, the AFAP has had further success in encouraging another resistant company to negotiate an enterprise (collective) agreement.

Auriga , the other Majority Support Determination application, is further advanced in their bargaining under the leadership of representatives Nathan Ellis, Kelvin Pearce and Ben Stuart. There have been several meetings since March, but with little progress being made beyond a number of the machinery type clauses.

However, it is clear that the scope of the company’s thinking has not progressed beyond its common law contracts, seeking it seems to merely substitute those individual contracts with an EA in the same or largely the same terms.

Importantly, the company has now agreed to meet faceto-face in Brisbane rather than, as previously, the AFAP and representatives from around the country joining online while the company representatives have been sitting together in the Brisbane office.

26 Air Pilot
CHC operates three Sikorsky S92 helicopters from Broome, WA for Shell Australia's offshore Prelude project

HNZ/PHI has moved its Asia-Pacific headquarters from New Zealand to Perth, the original home of Helicopters Australia.

After a period of almost five years of extremely respectful and cooperative relationships, the overturning of the previous management structure has been replaced by where conflict is the company’s preferred modus operandi.

PHI has now also lost both the longstanding Karrathabased Rio Tinto contract as well as the MacKay-based Marine Pilot Transfer contract to Auriga. Disputes with PHI are the order of the day ranging from rostering disputes, annual leave disputes, underpayment (casual) disputes, daily travel allowance disputes, and even a dispute about carers leave.

Unless these can be worked as they were under previous management, we are destined to be spending a lot of time in the Fair Work Commission.

Toll is the EA negotiation that keeps on giving. We may have reached an in-principle agreement so that a draft agreement for our consideration may be all that is required.

However, that progress only came after a period of Protected Industrial Action (PIA) which was suspended when it seemed the last of the outstanding matters was resolved.

We are waiting on a full draft for our consideration followed by a vote of the pilot group.

LifeFlight is also negotiating a new EA at glacial speed. Despite meeting with LifeFlight management (and the company's lawyers) on a number of occasions there is likely still a long way to go before a new EA is finalised.

Meanwhile, the pilot group and the AFAP are currently involved in two on-going disputes with the company.

The first relates to the annual pay increase. pilots were to receive from 1 July 2022. However, after not paying any increase in July, the company agreed in October 2022 to back-pay pilots a 2.5% increase.

The problem is Lifeflight had advised the pilot group they are due a 9.1% pay increase from 1 July 2022.

A dispute was filed by the AFAP with the FWC several months ago. We are now waiting further Directions from the FWC as to how the Commissioner intends to progress the matter.

The second Lifeflight dispute relates to how much, and when, pilots are to be paid for any overtime they work. The company acknowledges the relevant clauses in the EA are not clear, and the AFAP agrees.

The current issue though centers on the company's decision several months ago to unilaterally change when it paid overtime, stating that it had since determined that its previous interpretation was incorrect.

The AFAP is holding off filing a dispute with the Commission until the first dispute matter is finalised.

NO. 1 | 2023 27
HELICOPTERS PILOT FEDERATION
One of PHI's Sikorsky S92 helicopters based in Broome, WA LifeFlight Agusta Westland AW139 at Wagga Wagga airport.

VIRGIN Pilot Federation

Virgin Australia Narrow Body

The AFAP Virgin pilot representatives wrote to the Chief Operating Officer and Chief Pilot late last year setting out why the current 2021 EA pay structure is no longer fit for purpose and to propose early bargaining.

In February this year, AFAP pilot representatives met with the Company and provided direct feedback as to why we believed that a variation to the current closed EA to improve the hourly rate or base salary was justified. The AFAP pilot reps made clear that without a reset in the relationship which addresses the issues with the current Enterprise Agreement (EA) - primarily base salary and certainty of income - there is an increasing likelihood of an acrimonious negotiation.

While Virgin did not agree to bargaining early it did ask what it would take for the AFAP to support a 12 month extension to the 2021 EA. This resulted in a survey to members, in which 88% of respondents endorsed our pay proposal for an immediate 15% pay rise (followed next year by another CPI increase) in exchange for a 12 month extension.

Virgin responded recently advising it was rejecting our proposal, and instead proposed the parties commence negotiations for a new EA right away (around four months early). Virgin advised it had rejected the AFAP pay proposal as too costly when there were not productivity offsets included in the package.

The Company acknowledged that the Virgin Narrow Body EA is flawed from the pilots perspective. This is a significant concession considering this EA was pushed through by Virgin under the threat of returning pilots to the Award during the pandemic.

CAE Crew Management System

With the system now delayed and no alternative option available (Virgin has previously tried and failed to move to Jeppesen and then Sabre CM rostering systems) there is no confidence amongst the pilot group in the Company’s ability for the business to deliver on its commitments.

Pilots remain on interim conditions

The result of this “pause” is Virgin pilots remain on the “interim” EA conditions, which was an appendix that preserved much of the 2018 EA until CAE CMS was implemented. The AFAP at the time had little confidence in Virgin to deliver the system and as such negotiated to protect as many of the 2018 conditions as possible.

The main area we were unable to preserve was the base salary which was reduced by around 17% on the basis that pilots moved to a lower productivity pay trigger (69 hours down to 57.5 in a 28 day roster period). The rostering system at the moment is not functioning with a 40 hour range of rostered hours at publish. As a result, pilot incomes are unpredictable from roster to roster.

80%

Subsequently, Virgin has announced it is “pausing” its CAE CMS system implementation. This project has been running for more than two years and was to replace the current Sabe Aircrews rostering system and Kronos PBS.

The implementation of CAE formed a key part of the 2021 EA negotiations as cutover to a new CMS was required before pilots moved to the 2021 EA conditions in full. Pilots were also going to finally have access to a fully automated Open Time/Trip Swap system which had been first mooted a decade ago.

Further pilots receive zero credits for unused SBY so it is resulting in pilots unfairly earning less than others even though they are available for duty. Another issue has been displacement from flying, where pilots lose hours (due to cancellations) and again reduce their incomes.

In order to address this inequity, Virgin has put a credit protection system in place (where a pilot is paid at least their rostered publish credit total unless they remove themselves from duty due to illness or fatigue), and also

28 Air Pilot
Virgin's Boeing B737-800 aircraft

implemented four credit hours for an unused standby. While this will go some way to address structural flaws in the pay system it will not address the fact that pilots even working high hours continue to earn less than they did under the 2018 EA.

AFAP Response to early bargaining

The question for the AFAP Virgin Pilot Council is whether there is any benefit in beginning negotiations early when the Company does not know what rostering system it will be using.

Given the current Sabre Aircrews system is unsupported by the provider and the myriad of rostering problems occurring (high SBY, broad range of credit hours) it is difficult to see members supporting remaining on a productivity-based REM system. Instead, we expect members will want to return to the higher base salary structure from the 2018 EA.

The AFAP has fielded questions from some members concerned that early bargaining is a strategic trap that will be to the disadvantage of pilots. We have not had any members provide specifics as to what this disadvantage may be, however we recognise there is significant lack of trust amongst pilots as to the genuineness of the Company proposal which has only worsened with the CAE CMS pause.

Many EAs across the industry have mandated periods of bargaining prior to the nominal expiry date and generally all that happens is a series of meetings in which little progress is made until the expiry date approaches. Since the 2002 EA no Virgin pilot EA has ever been negotiated and successfully voted up within 18 months from bargaining commencing.

Virgin confirmed its general wage position was 3% per annum with any additional benefits dependent on productivity gains.

Virgin confirmed its general wage position was 3% per annum with any additional benefits dependent on productivity gains.

Virgin also confirmed its preference to remain on the lower base salary system but recognised that the reward for working more hours needed to increase.

The overwhelming feedback from members is that the pilot group is not likely to consider productivity offsets unless this was to push remuneration above the 2018 EA earnings once CPI increases are factored in, which will be considerably more than 3% increases. Pilots feedback is that they have gone backwards and this EA at a minimum must restore them to where they should be in the market without the need for productivity offsets.

Virgin Australia Regional Airlines

The focus for the AFAP at VARA has been negotiations for a new VARA Enterprise Agreement. The scope of the EA is proposed to cover the existing A320 and F100 fleets as well as the introduction of B737 fleet which will replace the F100s.

Recently, VARA announced the extension of the replacement timeline of the F100s, with three F100 aircraft to continue operating on the VARA AOC until March 2025. Discussions are underway to ensure that F100 Pilots who remain on the fleet are not financially disadvantaged for the delay.

Working with our pilot representatives and the SALPA committee (an elected pilot representative body for VARA pilots), the AFAP has tabled a detailed EA package supported by extensive benchmarking. VARA has since reviewed and costed this proposal and responded with a proposal that was not acceptable to the AFAP.

Given bargaining has been ongoing for more than 12 months, the parties have scheduled multiple meetings in June to push to close the gap between the parties and reach an agreement.

NO. 1 | 2023 29 VIRGIN PILOT FEDERATION
Virgin's Boeing B737-800 aircraft

JETSTAR Pilot Federation

Following the pilot group voting up a new Jetstar Enterprise Agreement (EA) late-2022, the AFAP JPF Committee has this year focused its attention on ensuring that the new conditions and provisions in the EA have been properly implemented by Jetstar.

Despite some initial issues, Jetstar pilots are now able to able enjoy some of the conditions/privileges that Qantas Group pilots have had access to for many years including Qantas Lounge access, better seat allocation on duty travel (extra legroom seat (LegX) where available (and where business class is not available)) and a full time and part time (flexi line) carer’s line type arrangement which provides carers with fixed days off and the option to preference limited overnights.

Under the new EA Jetstar pilots are also now financially compensated for extensions into a rostered day off as a result of a misconnection, instead of being allocated an unusable Day in Lieu (DIL), addressing a major issue under the previous EA. From 1 July another financial benefit, layover highline, will be introduced and be paid to pilots from sign off at an outport to sign on at an outport, thus putting a cost on a pilot's time away from home.

The Pilot Consultative Committee (PCC), is a new consultative representative body of five AFAP pilot representatives - captains Chris Gibson, Dom Corcoran, Daniel Blakemore, Darren Fielder and Paul Hogan - and two AIPA representatives that has been meeting with Jetstar representatives quarterly as required by the EA.

A main focus for the PCC are hotels standards and meals, as well as any matters to do with the Qantas/ Jetstar MOU. The level of engagement by Jetstar with the PCC has so far been pleasing. The PCC will also be involved in the consultation process regarding the allocation of pilots to the new Western Sydney Airport base, noting that Jetstar has recently announced its plan to operate out of Western Sydney International Airport (WSI) from day one, when it opens in late 2026.

PCC meetings have been followed by meetings between AFAP representatives and Jetstar representatives to discuss matters outside the remit of the PCC under the EA terms of the EA. These meetings have provided an opportunity for the AFAP to have meaningful input, be kept informed and to resolve issues in a much more pragmatic manner. Of course this is not to say that we will always be able reach a resolution with Jetstar, but we believe that having an open and constructive dialogue with the company is far more beneficial to our Jetstar members than being acrimonious.

Jbid Bidding System

While the new EA has seen many financial improvements, lifestyle has been worse as a result of the relatively new JBid bidding system. Jetstar's JBid survey conducted this year confirmed the level of dissatisfaction amongst pilots and Jetstar has now allocated resources into updating and simplifying the JBid system to drive better bidding outcomes.

While it is still too early to tell whether these changes have resulted in any improvements to pilots bid outcomes and rosters, the message has clearly been received that roster outcomes pilots have been experiencing under JBid are not sustainable for pilots, or the business given the significant impact it is having on pilot engagement and the stability of Jetstar’s operation.

Trial FRMS

Owing largely to a lack of collaboration by Jetstar in relation to its Trial FRMS, over the last six months, AFAP Safety & Technical has been collecting and collating fatigue reports (OSCARS) from Jetstar pilots to identify trends and reveal rostering areas with issues. This independent data project is advanced and the AFAP has a live link to a data graph available to Jetstar members that aligns generally with data already collected through existing fatigue industry studies by academics.

The AFAP has also sent dedicated FRMS updates to educate members on FRMS matters and reiterate the importance of fatigue reporting (OSCARS) in order to drive change as part of a dynamic data driven FRMS.

AFAP S&T has been supporting and advising members who have had their OSCAR fatigue report arbitrarily assessed by Jetstar as "personal” rather than workrelated fatigue and having this assessment reviewed by a Qantas Group Fatigue Specialist.

The AFAP will run a fatigue management survey for Jetstar pilots and wrote to Jetstar management to invite the company to collaborate in the survey construction. However, the company continues to ignore our attempts to collaborate on FRMS matters.

The AFAP is confident that this proactive hazard identification initiative will provide a dataset with insights into fatigue hotspots at Jetstar and provide an opportunity for Jetstar management to enliven a learning culture with continuous improvement in fatigue safety outcomes.

30 Air Pilot

LEGAL

Guarantee of Annual Earnings

Recently the AFAP has seen an increase of employers attempting to subject their employees to what is referred to as a guarantee of annual earnings.

Pilots should be aware of the formalities of entering into a guarantee of annual earnings, and the effect a guarantee of annual earnings has on entitlements that might arise under the Air Pilots Award 2020.

The Fair Work Act 2009 (Cth) provides that employers and high-income employees may agree to enter into a guarantee of annual earnings. This may be done where:

• The employee is a high-income employee

• A modern award covers the employee, and the employee is not subject to an enterprise agreement

• The guarantee is offered to the employee and accepted within 14 days of either the date the employee is employed or the day on which the employer and employee agree to vary the employment conditions

A high-income employee is defined as an employee who has a guarantee of annual earnings that exceeds the high-income threshold. The high-income threshold is an amount set under the Fair Work Act and is indexed each year. For the financial year ending 30 June 2023, the income threshold is $162,000.

Where the employee is notified before or at the time the guarantee of annual earnings is signed by the employee, and advised that the modern award will not apply to them, then the employee will not be entitled to the various benefits that are conferred by the modern award.

In that decision, the Federal Court had to consider a mining company that had retrenched 20 employees, which during their employment had been paid an amount higher than the high-income threshold (as it stood at the time) under their contracts of employment.

Because this amount was contractually guaranteed, in writing, the mining company argued that the employees were subject to a guarantee of annual earnings, and were therefore not entitled to the payout of accrued personal leave entitlements, a benefit provided for under the relevant award.

Through a detailed analysis of the relevant provisions of within the Fair Work Act, the Federal Court disagreed. Although there was a requirement for the employees to be paid an amount higher than the high-income threshold, it was not an undertaking of the required type. Something more was required. The terms of the terms of the contract of employment were not sufficient to consititute a guarantee of annual earnings.

The Court held that the scheme created by the Fair Work Act and guarantees of annual earnings "includes protections to ensure that the guarantee is identifiable, enforceable and voluntarily accepted by the employee with knowledge that the result will be that the modern award will no longer apply to them". A mere contract on its own was not sufficient.

Special considerations might apply to pilots who are covered by the Air Pilots Award, which for some aircraft provides for minimum salaries higher than the high-income threshold. In light of the Federal Court's reasoning, it would appear that the requirement to pay those rates alone will not constitute a guarantee of annual earnings, There has to be more. The limits of exactly what more is required has not been tested.

Pilots should read any contract of employment carefully to ascertain whether they might be subject to a guarantee of annual earnings. The AFAP is available to review contracts of employments and advise on their contents.

For example, if a pilot and their employer enter into a guarantee of annual earnings in accordance with requirements of the Fair Work Act, then the Air Pilots Award would no longer apply to the pilot. This means that the pilot would no longer be entitled to any conditions derived from the Air Pilots Award, such as loss of licence, rostering protections and the various allowances.

The enforceability of a guarantee of annual earnings was considered by the Federal Court last year in the decision of Association of Professional Engineers, Scientists and Managers Australia v Peabody Energy Australia Coal Pty Ltd [2022] FCA 945.

NO. 1 | 2023 31
If there is a guarantee of annual earnings ... the employee will not be entitled to the various benefits that are conferred by the modern award.
LEGAL UPDATE

WELFARE

Supporting yourself and your relationships

How can pilots support their families and relationships?

The COVID-19 pandemic has had a significant impact on the aviation industry. Pilots faced layoffs, reduced work hours, and significant changes in their work schedules due to travel restrictions and reduced demand for air travel.

With the resumption of air travel, many pilots are having to work additional hours and are away from home for extended periods.

These changes can place additional strain on relationships and make fatigue management even more challenging. Pilots, couples and families have needed to continually adjust how the family functions and are likely to need to adjust again as the aviation industry continues to change.

How can pilots support themselves at this time?

Talk about it. When your schedule is full and you are constantly feeling tired, it can be tempting to withdraw and put your emotions aside. However, leaning into your valued support at this time is more important than ever.

Prioritise self-care. Make sure to get enough sleep, exercise, eat well, and engage in activities that help you relax and de-stress. Ask yourself what activities make you feel good and what activities relax you. Dedicate specific times for these.

Integrate mindful activities or slow time into your day. Consider a mindful walk, a swim, meditation or yoga.

Engage in problem-solving. If you are continually worrying about a problem, ask yourself, is this solvable? If "yes" then start problem-solving to come up with a solution. If "no", ask yourself whether anything that can be done can make this better. Then practice acceptance and letting go.

Make room for moments of positivity. Cultivate positive emotions by reflecting on what made you smile during the day or taking time to acknowledge a great moment.

For relationships to thrive, they require high levels of communication and cohesion. Even though there may be limited opportunities for communication at this time, prioritise quality communication. Additionally, some things can help to ensure you maintain your relationships:

Stay connected . Make it a habit to regularly call, message or keep in touch with friends and family. Plan times and days according to your flight schedule where you agree to contact your partner and/or children. Keep in mind that simple things like sharing photos and keeping each other up to date with what is happening in your day-to-day lives are helpful to ensure a feeling of normalcy and routine within the relationship.

Do things together while being separate. Reading the same books, watching the same movies and TV shows, listening to the same podcasts, or playing a game together gives you and your partner and/or children new topics to talk about and bond over each week.

Planning family activities and dates for when you return home from work can not only help to make the most out of the time spent together but also gives you something to look forward to while you’re away.

Setting clear expectations with your partner and family can help to avoid unnecessary arguments as well as help to establish boundaries. It might be helpful to ask yourself the following questions and have a discussion with your family before leaving for work:

• How much time can I dedicate to family catch-ups while I’m away?

• How much time do I need to rest and recover when I get home?

• How much time do I want to spend with my partner and/or children and how much time with others (i.e., friends and extended family?)

Empathy and active listening: It is likely quite difficult for your family to have you away from home. As well as communicating how you’re feeling, make sure you ask them how they’re feeling having you away from home. To engage in active listening be fully present, ask openended questions, and offer comfort and understanding, before offering advice.

32 Air Pilot

What support is available?

It is important to remember that this is likely to be difficult at times. If you are struggling with adjusting to this new normal, there is no need to go through it alone. There is a range of support options available for AFAP members to access:

AFAP Member Assistance Program

A free, confidential counselling service providing up to four sessions per issue for members and their direct family. Contact 1300 307 912 - or +618 9388 9000 if calling from overseas - to arrange a session.

Medicare or Private Health Cover

For those wishing to engage in support outside of AFAP support, private counselling can also be accessed with cost subsidies under Medicare or Private Health Cover. This service can be accessed through a referral from a General Practitioner, or by speaking directly with your Private Health provider.

AFAP Crewroom

An online space for AFAP members to connect with colleagues and catch up on the latest updates and stories. It is a virtual Crewroom managed by AFAP staff and pilots that has eight topic areas to help pilots make sense of the rapidly changing information in an easyto-use environment. The Crewroom can be accessed directly from the AFAP website.

AFAP Pilot Welfare Representatives

Sometimes the best first point of contact for a pilot with welfare concerns is another pilot. The AFAP has established an active Pilot Welfare Representative Network consisting of pilots from each of our councils.

These pilots are a helpful resource and can help direct you towards professional welfare assistance, such as the Member Assistance Program – or HIMS when the use of alcohol or drugs is of concern.

Visit www.afap.org.au for a full list of AFAP Welfare representatives and links to welfare services.

MEMBER ASSISTANCE PROGRAM

1300 307 912 or +618 9388 9000

Depending on your location, you can access confidential professional assistance - from psychologists trained in pilot-specific issues - in person or by phone, or videolink.

The Member Assistance Program (MAP) is free for AFAP members and their immediate families. Four free sessions are available per issue. If required, there may be provision for additional sessions. MAP psychologists also provide 24/7 crisis care.

This service should be used to help resolve any problems or issues that may be causing you or your family concern, including:

• Stress and anxiety

• Trauma

• Relationship difficulties and family issues

• Change in career and resettlement

• Interpersonal conflict

• Aftermath of an accident or incident

• Coping with workplace injuries

• Alcohol and drug issues

• Work-related problems

• Gambling worries

• Grief and loss

• Financial or legal pressures

AFAP members and their immediate family can also access a wellbeing session. A qualified Psychologist and Coach can help you establish a wellbeing plan or behaviours to assist you to maximise your wellbeing.

What you decide to focus on is up to you and may include;

• Review of wellbeing behaviours and development of a wellbeing plan

• Developing positive thinking skills

• Enhancing relationships

• Resilience training

• Sleep management

• Coaching

• Mindfulness training

EMERGENCY HOTLINE: 0459 747 757

(MAP): 1300 307 912

NO. 1 | 2023 33
24/7
MEMBER ASSISTANCE PROGRAM
AFAP MEMBER SERVICES:
AFAP Sticker .indd 1 21/5/19 1:05 pm
03 9928 5737

IN MEMORIUM VALE CAPTAIN FRANK SOUTHWELL (1933-2022)

“Frank was a great supporter of the AFAP, especially the New South Wales Branch,” said Captain Rod Bruce who was also a pilot at East West and a friend of Frank's in the 1980s.

(Like Frank, Rod also has maintained his involvement with the AFAP and is an Associate Member although retired and residing in England.)

“He was a regular attendee at Branch Committee meetings and supported the membership throughout the Pilots Dispute in 1989.”

Unfortunately, Frank’s career in aviation came to an end during this turbulent time when so many pilots either left Australia or exited the industry altogether.

However, his love of flying and passion for the aviation industry remained with him during his retirement years.

The AFAP was saddened by the news that Captain Frank Southwell, who was the most senior pilot at East West Airlines during the 1989 pilots’ dispute, has died.

Frank was born in 1933 in Perth where he developed an interest in aviation through aeromodelling.

He met aviation pioneer Jimmie Woods, who nominated Frank to join the Royal Aero Club of Western Australia (RAC of WA) as a social member aged 17, and then a flying member the following year. He was to remain a lifelong member.

At the age of 18 he obtained his Private Pilot Licence and much later his Commercial Pilot Licence after which he took up a position with the RAC of WA as a Flying Instructor.

Frank then advanced his flying career as a commercial pilot with Muir Aviation in Darwin flying DH84 Dragon aircraft over the North of Australia.

He later joined East West Airlines where he was employed for more than 30 years.

Frank’s service with East West saw him attain his initial command on DC3 then F27 and F28. He went on to achieve a grand total of more than 21500 hours of flight experience.

Frank was a loyal employee of East West Airlines and a highly respected colleague amongst his peers.

He was also a very loyal member of the AFAP and remained an Associate member in retirement.

“Frank was a long-time loyal member of the AFAP (member 12662) and spoke highly of the federation and his fellow colleagues whom he has maintained contact with over the years,” recalls his son James Southwell.

(Compiled with assistance from Associate Member Captain Rod Bruce & Frank's son James Southwell.)

Captain Frank Southwell

CASE STUDY

LOUISE HUDSON

What was your general health prior to your medical condition?

I have always enjoyed good health and am quite active, especially at home in the garden, so when I broke my foot in May this year I found the initial limitations quite challenging. However, I was fortunate to have confidence in returning to full flying duties once the injury had healed.

Why is Loss of Licence cover so important?

Name Louise Hudson

Age 43

Nationality Australian

Current Location Brisbane, QLD

Medical Condition Broken Foot

Aviation Career

I am currently employed with Virgin Australia as a B737 Captain. I have been with Virgin for 15 years which included a 4 year career break when I worked for the airline as a Flight Dispatcher and Navigation Analyst. Prior to Virgin I was with National Jet Systems as a BAe146 First Officer and a DHC8 Captain.

Why were you grounded?

I broke my foot in an accident at home.

The monthly benefit provided peace of mind for the period of time following the exhaustion of my sick leave entitlements and continued until I had regained my Class 1 Medical two months later. Loss of Licence cover is becoming an increasingly important aspect of a pilot’s financial plan due to the lack of Income Protection options for Pilots.

I would encourage everyone who becomes injured or illeven if you know you will return to full flying duties in the mid to long term - to contact the MBF as soon as you feel you have the capacity to do so. In this way the MBF will be aware of your situation and the claims process will be simple and straightforward when the time comes to take advantage of your Loss of Licence cover.

MBF experience

When I first contacted the MBF to enquire about the claims procedure I was immediately put at ease by Christine’s empathetic approach to my situation. As I had not expected to have to go down the Loss of Licence path on this occasion, I had left it quite late to make my first claim. Christine guided me through the process and maintained contact with me via email to ensure my claim would be received in time for review by the Board.

NO. 1 | 2023 35 AAPMBF.COM.AU AUSTRALIAN AIR PILOTS MUTUAL BENEFIT FUND T +61 3 9928 4500 E membership@ aapmbf.com.au
We understand the life you live, the risks you take and the protection and support you deserve. Ring us today on 03 9928 4500 or visit www.aapmbf.com.au Loss of Licence Protection run by PiLots, for PiLots for over 50 years austraL ian air PiL ots Mbf
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