1
Fair Work Act 2009
s.185—Enterprise agreement
Regional Express Holdings Ltd
(AG2022/4755)
REGIONAL EXPRESS PILOTS’ AGREEMENT 2022
Airline operations
DEPUTY PRESIDENT BELL MELBOURNE, 9 DECEMBER 2022
Application for approval of the Regional Express Pilots’ Agreement 2022.
[1] An application has been made for approval of an enterprise agreement known as the
Regional Express Pilots’ Agreement 2022 (the Agreement). The application was made
pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, Regional Express
Holdings Ltd. The Agreement is a single enterprise agreement.
[2] Having regard to the material contained in the application and filed in relation to it, I
am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this
application for approval have been met. The Agreement does not cover all of the employees
of the employer. However, taking into account the factors in sections 186(3) and (3A), I am
satisfied that the group of employees was fairly chosen.
[3] The Australian Federation of Air Pilots (AFAP), being a bargaining representative for
the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover
it. In accordance with s.201(2) I note that the Agreement covers the organisation.
[4] The Agreement was approved on 9 December 2022 and, in accordance with s.54 of the
Act, will operate from 16 December 2022. The nominal expiry date of the Agreement is 30
June 2026.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
AE518491 PR748741
[2022] FWCA 4331
DECISION
FairWork
Commission
AUSTRALIA FairWork Commission - IMISSION THE &
FAIR WORK OF THE
REGIONAL EXPRESS
PILOTS’ AGREEMENT 2022
2
1 TITLE AND OBJECTIVE
This Agreement will be known as the Regional Express Pilots’ Agreement
2022.
The parties agree that the primary objectives of this Agreement are to
contribute to the development of Regional Express as an independent,
viable and profitable regional airline, and to establish conditions
conducive to safe, sustainable and secure employment for Regional
Express pilots.
2 ARRANGEMENT
1 Title and Objective ......................................................................................................................... 2
2 Arrangement ..................................................................................................................................... 2
3 Definitions .......................................................................................................................................... 4
4 Coverage, Incidence and Operation ....................................................................................... 9
5 Relationship to the Award.......................................................................................................... 9
6 National Employment Standards ......................................................................................... 10
7 Posting of Agreement ................................................................................................................ 10
8 Partners in Business Success ................................................................................................. 10
9 Consultation ................................................................................................................................... 11
10 Employment Contract ............................................................................................................... 14
11 Part Time Pilots ............................................................................................................................ 16
12 Requests for Flexible Working Arrangements .............................................................. 19
13 Pilot Indemnity ............................................................................................................................. 21
14 Pilot Duties...................................................................................................................................... 21
15 Duty and Flight Time Records ............................................................................................... 22
16 Orders to Pilots ............................................................................................................................. 22
17 Certificate of Service .................................................................................................................. 22
18 Access to Personal Records .................................................................................................... 22
19 New Aircraft and Special Equipment ................................................................................. 23
20 Notice Boards and Lockable Facilities ............................................................................... 23
21 Qualification Renewal on Termination ............................................................................. 23
22 Salary Records .............................................................................................................................. 24
23 Training ............................................................................................................................................ 24
24 Duties Expenses ........................................................................................................................... 27
25 Overseas Duty ............................................................................................................................... 27
26 Communications .......................................................................................................................... 27
27 Accident Insurance ..................................................................................................................... 28
28 Duty Travel ..................................................................................................................................... 29
29 Leave of Absence.......................................................................................................................... 29
30 Change of Classification ............................................................................................................ 30
31 Seniority ........................................................................................................................................... 31
32 Limited Tenure Command ...................................................................................................... 34
33 Retention of Seniority - Licence Cancellation on Medical Grounds .................... 36
34 Workers Compensation Make-Up Pay ............................................................................... 36
35 Dispute Resolution Procedure .............................................................................................. 37
3
36 Work/Occupational Health And Safety ............................................................................. 38
37 Pilot Representation at Accident or Incident Investigation .................................... 39
38 Pilot Aeronautical Documentation ...................................................................................... 39
39 Redundancy .................................................................................................................................... 40
40 Rostering.......................................................................................................................................... 42
41 Sign On and Sign Off Times ..................................................................................................... 43
42 Periods of Duty ............................................................................................................................. 44
43 Sector Limitations ....................................................................................................................... 53
44 Fatigue Risk Management System ....................................................................................... 54
45 Re-Allocation of Rostered Duty and Completion of Duty ......................................... 57
46 Rest Facilities ................................................................................................................................. 60
47 Simulator ......................................................................................................................................... 61
48 Annual Leave ................................................................................................................................. 63
49 Community Service Leave ....................................................................................................... 68
50 Long Service Leave ..................................................................................................................... 68
51 Personal Leave .............................................................................................................................. 69
52 Compassionate Leave ................................................................................................................ 71
53 Parental Leave ............................................................................................................................... 72
54 Leave to deal with family and domestic violence ........................................................ 76
55 Transfers - Permanent .............................................................................................................. 76
56 Transfers - Temporary .............................................................................................................. 78
57 Uniforms .......................................................................................................................................... 79
58 Loss of Baggage ............................................................................................................................ 80
59 Superannuation ............................................................................................................................ 80
60 Loss of Licence Insurance ........................................................................................................ 81
61 Accommodation ........................................................................................................................... 82
62 Daily Travel Allowance ............................................................................................................. 83
63 Provision of Transport .............................................................................................................. 84
64 Salary Packaging .......................................................................................................................... 84
65 No Extra Claims ............................................................................................................................ 85
66 Payment of Salaries .................................................................................................................... 85
67 Salaries.............................................................................................................................................. 86
68 Additions to Salary ...................................................................................................................... 88
69 Profit Share Incentive Scheme and Share Gift ............................................................... 89
70 Bank Of Days .................................................................................................................................. 91
71 Agreement Flexibility ................................................................................................................ 92
72 Signatures ........................................................................................................................................ 94
Appendix 1 .............................................................................................................................................. 95
4
3 DEFINITIONS
3.1 “AAPMBF” means the Australian Air Pilots Mutual Benefit Fund
3.2 “Act” or “Fair Work Act” means the Fair Work Act 2009 (Cth) as
amended from time to time or any successor to that Act.
3.3 “Agreed standard” in relation to meals means a standard as agreed
between the RexPC and the Company which as a minimum shall be
appropriate to the meal time and provide sufficient sustenance for a Pilot
to complete required duties prior to their next break.
3.4 “Agreement” means this document. Where the word does not refer to
this document, as may be determined from context (and generally,
appearance in lower case), it means mutual agreement of the parties
mentioned or involved.
3.5 “Aircraft Check Captain” means a person approved by the Employer to
perform assessments of Pilots in an aircraft.
3.6 “Appropriate accommodation” means accommodation which is, as a
minimum, clean, quiet and free from factors which may reduce adequate
rest and must provide a separate room incorporating en-suite bathroom
facilities for each Pilot, with air conditioning and or heating as
appropriate to the area. Such accommodation will be listed at not less
than a 3 star standard for non-capital cities and 4 star for capital cities in
guide(s) as agreed by the RexPC. An initial assessment period shall apply
as agreed.
3.7 “Assignment” means a Tour of Duty conducted by a Pilot operating from
other than their Home Base without having been transferred.
3.8 “Award” means the Air Pilots Award 2020 as amended from time to time
3.9 “Base network” means all the ports that are normally associated with a
particular crew base for the purposes of rostering.
3.10 “CAO” means Civil Aviation Order.
3.11 “Captain” means a Pilot so appointed by the Employer to carry out
duties of a pilot in command in the relevant aircraft type.
3.12 “CAR” means Civil Aviation Regulation.
3.13 “CASA” means the Civil Aviation Safety Authority of Australia or any
successor organisation.
3.14 “CASR” means Civil Aviation Safety Regulation.
3.15 “Chief Pilot” means the pilot appointed by the Employer and who is
approved by CASA to perform the duties and responsibilities of the Chief
Pilot.
5
3.16 “Civil Aviation Act” means the Civil Aviation Act 1988
3.17 “Classification” means the rank of either Captain or First Officer, and the
aircraft type, assigned to a Pilot.
3.18 “Company” means Regional Express Holdings Ltd ACN 099 547 270
3.19 “Day” means the contiguous 24-hour period between midnight (zero
hours) and the following midnight (2359 hours) in the local time zone
relevant to the Pilot.
3.20 “Deadhead Travel” means all travel undertaken by a Pilot at the
direction of the Employer, not associated with the actual operation of the
aircraft but required for the purpose of positioning the Pilot for a Tour
of Duty or returning to Home Base or base of temporary transfer after a
Tour of Duty. For the purposes of this Agreement, Deadhead Travel time
will be regarded as duty time.
3.21 “Designated Day Off” or “Rostered Day Off” means a day on which a
Pilot is rostered to be free of all duty in their Home Base or base to which
they have been temporarily transferred, and will extend from 2200
hours on the previous day until 0600 hours on the following day.
3.22 “DTA” means Daily Travel Allowance.
3.23 “Duty” means a task or series of tasks that Pilots are required to perform
under the terms of their employment with the Company. These tasks
include but are not limited to pilotage, flight-planning, pre-flight
inspections, training, Deadhead Travel, and other duties as prescribed in
this Agreement.
3.24 “Duty Period” means the period from when a Pilot signs on to undertake
duty until when they next sign off. A Duty Period may commence on one
day and conclude on a subsequent day.
3.25 “Duty Time” means the time encompassed by Duty Periods, and
comprises all time that a Pilot is on duty in accordance with the CAOs
and/or this Agreement.
3.26 “Employer” means Regional Express Holdings Ltd ACN 099 547 270
3.27 “Equipment Assignment” means a Pilot’s classification and base.
3.28 “Establishment” means the target number of pilots of a given
classification in any given flight crew base to cover all scheduled flying
duties from that base, including normal levels of cover for reserve,
training, annual leave and long service leave.
3.29 “Federation” means the Australian Federation of Air Pilots.
3.30 “First Officer” means a Pilot who is appointed as a First Officer by the
Employer and who currently is licensed by CASA to act as pilot or co-
pilot of an aircraft requiring two or more pilots.
6
3.31 “Flight Examiner” means a person holding an approval under CASR Part
60 to conduct flight tests on pilots as described in the Regional Express
Training and Checking Manual, and who is approved by the Employer to
perform such tasks.
3.32 “Flight Time” means time on duty as a crew member in an aircraft and
is calculated from the time an aircraft begins moving under its own
power in preparation for flight, until the moment it comes to rest at the
end of the flight.
3.33 “Home Base” means the base at which a Pilot from time to time is
permanently domiciled.
3.34 “Indexed to CPI” means that the given amount(s) will increase each year
following the commencement of the Agreement, on the first pay period
on or after 1 July. The increase will be equal to CPI based on the weighted
average of eight capital cities as at March of each applicable year and as
published by the Australian Bureau of Statistics. All amounts listed in
this Agreement are the rates as of 1 July 2022, with the first indexation
to be effective from (and, if applicable, backdated to) the first pay period
on or after 1 July 2023.
3.35 “Layover” means any occasion a Pilot is away from their Home Base, or
base of temporary transfer, between sign-off time and sign-on time for a
continuous period exceeding nine hours.
3.36 “LWOP” means Leave Without Pay
3.37 “Management Pilot” means a Pilot appointed to any of the following
roles:
Chief Operating Officer
General Manager Flight Operations/Chief Pilot
Manager Training and Checking
Flight Standards Manager
National Flight Operations Manager
Flight Operations Manager
Simulator Coordinator
Technical and Training Development Manager
EFB Administrator
3.38 “NES” means the National Employment Standards of the Fair Work Act
2009 (Cth)
7
3.39 “Nominated Duty” means any duty the Pilot has performed in
accordance with:
the published roster, and/or
any subsequent change to the roster made in accordance with
this Agreement.
3.40 “Operational Delays” means delays of an operational nature that are
beyond the reasonable control of the Company. These include, but are
not limited to, Air Traffic Control, Ground Delay Program, refuelling,
weather, traffic, passenger handling delays, crew sickness advised less
than 4 hours before Sign On Time, crew sickness during duty, and
breakdown of the rostered aircraft on the day of sign on or during the
Tour of Duty. Delay caused by crew sickness advised more than 4 hours
prior to Sign On Time is not considered an operational delay.
3.41 “Out-of-base duty” means a duty performed by a Pilot outside of their
normal base network or base of temporary transfer, that would normally
be assigned to a Pilot of another crew base. Simulator checks are not
considered an out-of-base duty.
3.42 “Out-of-base layover” means a layover that results from a Pilot
undertaking an out-of-base duty.
3.43 “Pilot” means a person who is the holder of a Commercial Pilot’s Licence
or Air Transport Pilot’s Licence who is employed by the Company in a
Classification.
3.44 “RDO” means Rostered Day Off
3.45 “Reduced Sign On Time” means the actual sign on time for duty from a
non-capital city primary airport by a Pilot where the sign on time is
reduced from 45 minutes to not less than 30 minutes prior to the
scheduled departure of the flight.
3.46 “Regional Express Pilot Committee (RexPC)” means the
representative body of the pilot group with functions detailed under this
Agreement.
3.47 “Rostered Duty” means those flights or other duties that the Pilot has
been rostered to perform.
3.48 “Rostered Duty Period” means the period of time for which the Pilot is
rostered to be on duty. Rostered Duty Period is shown on the roster as
that time period between Sign On Time and Sign Off Time. This period
encompasses the Pilot’s rostered flying, Deadhead Travel, training,
rostered check flight briefing and debriefings, and/or other rostered
duties as prescribed in this Agreement.
3.49 “Salary” means base salary and any additions to salary prescribed by
clauses 67 and 68 of this Agreement.
8
3.50 “SASMAP” means the Regional Express Safety and Standards
Maintenance and Assessment Programme and incorporates the CASA
approved training and checking system.
3.51 “Serious misconduct” has the same meaning as Regulation 1.07 of the
Fair Work Regulations 2009 (Cth).
3.52 “Sign Off Time” means the time a Pilot ceases all duties on a day. Unless
otherwise agreed between the Company and the Pilot, sign off time will
be 15 minutes after the moment the aircraft comes to rest at the end of
the flight. Where the final leg of travel for the Pilot prior to sign off is
Deadhead Travel, the sign off time will be the moment the aircraft comes
to rest at the end of the flight.
3.53 “Sign On Time” means the time a Pilot commences duties on a day.
Where flight duty or deadhead travel is involved, sign on time will be not
less than 45 minutes prior to the scheduled departure time of the flight,
except:
In the case of the first flight of an aircraft on any day from a
capital city airport, the period of 45 minutes may be extended
to 60 minutes; or,
Where possible in Sydney the period of 45 minutes will be
extended to 60 minutes, or 75 minutes in the case of the first
flight of an aircraft; or
When a reduced sign on time is permitted under clause 41.2.
3.54 “Simulator Check Captain” means a person holding the required
approval under CASR 121 (or its successor) and approved by the
Employer to perform assessments of Pilots in a simulator.
3.55 “Simulator Instructor” means a person holding an Instructor Rating
issued by CASA, and is authorised to conduct training in a simulator and
approved by the Employer to perform such tasks.
3.56 “SOC” means Subject to Operational Clearance, and refers to a Pilot stood
down from duty on full pay. At the Company’s sole discretion, a Pilot
may be made SOC for any reason including, but not limited to failure to
achieve the required standard in any check, or pending the completion
of an investigation in connection with an incident or breach of Company
procedures or applicable regulations. A pilot who is SOC may be assigned
duties in accordance with this Agreement to facilitate investigations,
further training and/or checking.
3.57 “Split Duty” means any flying Duty Period which contains a split duty
rest period, consisting of four consecutive hours or more at suitable
sleeping accommodation. To be considered a Split Duty Period, the duty
period must be greater than the agreed maximum allowable flight duty
period without a 4-hour rest period and may extend to no more than 16
hours.
9
3.58 “Subsidiary” means an entity owned by the Employer.
3.59 “Tour of Duty” means the entire period a Pilot is away from Home Base,
or base of temporary transfer. A Tour of Duty may include a number of
Duty Periods when operating from a base other than Home Base, or base
of temporary transfer, as well as Deadhead Travel.
3.60 “Training Captain” means a person holding a Company approval issued
by the Training and Checking Department to conduct training duties in
an aircraft.
3.61 “URTI” means an upper respiratory tract infection
3.62 “Year of Service” means the period of employment, either from the date
of commencement of a Pilot’s employment with the Employer or its
predecessor Kendell/Hazelton, or as otherwise agreed in the CRJ pilots’
case, to each anniversary of such date.
4 COVERAGE, INCIDENCE AND OPERATION
4.1 This Agreement covers:
the Employer;
the Australian Federation of Air Pilots (AFAP) pursuant to the AFAP
giving the Fair Work Commission the relevant notice in accordance
with s.183 of the Act; and
all Pilots except Management Pilots employed by the Employer.
4.2 This Agreement will commence operation seven days after its approval
by the Fair Work Commission and the wage, additions to salary and
allowance increases referred to in this Agreement will be backdated to 1
July 2022 for those Pilots employed by the Employer at the date of
operation of this Agreement.
4.3 This Agreement will have a nominal expiry date of 30 June 2026.
5 RELATIONSHIP TO THE AWARD
This Agreement is a comprehensive agreement and replaces all awards
and enterprise agreements made in accordance with the provisions of
the Act. It does not exclude State laws dealing with work/occupational
health and safety, workers compensation, apprenticeship, traineeships
and long service leave.
(a)
(b)
(c)
(a) (b) (c)
10
6 NATIONAL EMPLOYMENT STANDARDS
This Agreement will be read and interpreted in conjunction with the National
Employment Standards (NES). Where there is inconsistency between this
agreement and the NES, and the NES provides a greater benefit, the NES
provision will apply to the extent of the inconsistency.
7 POSTING OF AGREEMENT
The Employer will at all times have available for inspection at the place or
places of business where Pilots are employed, a legible copy of this
Agreement, including any variations made to it in accordance with the Act.
This may be in the form of an electronic copy of this Agreement.
8 PARTNERS IN BUSINESS SUCCESS
8.1 A Regional Express Pilot Committee (RexPC) will be established to
represent the Pilots in overseeing the flexible application of this
Agreement balancing lifestyle and the needs of the Pilots with the
efficiencies of the Company. Whilst the composition of the RexPC may
vary over time with the size, structure and needs of the business, it will
comprise:
appropriate representatives from (or as nominated by) the AFAP;
and
a number of Pilot representatives who nominate and are accepted
by the Pilots.
8.2 The primary roles of the RexPC are:
to assist the Employer in handling challenges and changed
circumstances that may arise due to the growth of the Employer;
to oversee the operation of the facilitative provisions of this
Agreement;
to work with the Employer to enhance lifestyle benefits to Pilots and
improve workplace efficiencies; and
to represent Pilots’ best interests in an equitable fashion.
8.3 The RexPC will meet on a regular basis, as determined by the Committee.
The Pilot representatives not on approved leave shall be rostered to
attend all RexPC meetings using the Bank of Days. The RexPC shall
determine its own Chair. Minutes will be produced and distributed to the
pilot group as soon as possible following each meeting.
(a)
(b)
(a)
(b)
(c)
(d)
(a) (b) (a) (b) (c) (d)
11
8.4 To minimise the potential for unnecessary conflict, whenever the
Company plans to make a significant change to the facilities, services or
amenities provided to Pilots associated with their duties and
employment, or to the nature or means of conducting those duties, such
plans will be discussed in detail with the RexPC to identify and attempt
to rectify points of concern or disagreement prior to implementation.
This clause does not restrict the Company from attempting to implement
such changes unilaterally where the Company considers that change
reasonable and necessary to the business. This clause also does not
remove any requirement for the Company to formally consult with
relevant Pilots, in the circumstances detailed in the Consultation clause
(clause 9) of this Agreement.
9 CONSULTATION
9.1 This clause applies if the Employer:
has made a definite decision to introduce a major change to
production, program, organisation, structure, or technology in
relation to its enterprise that is likely to have a significant effect on
the Pilots; or
proposes to introduce a change to the regular roster or ordinary
hours of work of Pilots.
9.2 Major Change
For a major change referred to in subclause 9.1(a):
9.2.1 The Employer must notify the RexPC and relevant Pilots of the decision
to introduce the major change.
9.2.2 The relevant Pilots may appoint a representative for the purposes of
the procedures in this term.
9.2.3 If:
a relevant Pilot appoints, or relevant Pilots appoint, a
representative for the purposes of consultation; and
the Pilot or Pilots advise the Employer of the identity of the
representative;
the Employer must recognise the representative.
(a)
(b)
(a)
(b)
(a) (b) (a) [b]
12
9.2.4 As soon as practicable after making its decision, the Employer must:
discuss with the relevant Pilots:
the introduction of the change; and
the effect the change is likely to have on the Pilots; and
measures the Employer is taking to avert or mitigate the
adverse effect of the change on the Pilots; and
for the purposes of the discussion — provide, in writing, to the
relevant Pilots:
all relevant information about the change including the nature
of the change proposed; and
information about the expected effects of the change on the
Pilots; and
any other matters likely to affect the Pilots.
9.2.5 However, the Employer is not required to disclose confidential or
commercially sensitive information to the relevant Pilots.
9.2.6 The Employer must give prompt and genuine consideration to matters
raised about the major change by the relevant Pilots, the RexPC or their
representatives.
9.2.7 If a clause in this Agreement provides for a major change to production,
program, organisation, structure or technology in relation to the
enterprise of the Employer, the requirements set out in subclauses
9.2.1, 9.2.2 and 9.2.4 are taken not to apply.
9.2.8 In this clause, a major change is likely to have a significant effect on
Pilots if it results in:
the termination of the employment of Pilots; or
major change to the composition, operation or size of the
Employer’s workforce or to the skills required of Pilots; or
the elimination or diminution of job opportunities (including
opportunities for promotion or tenure); or
the alteration of hours of work; or
the need to retrain Pilots; or
the need to relocate Pilots to another workplace; or
the restructuring of jobs.
(a)
(b)
(a)
(b)
(c)
(d)
(e)
(t)
(g)
(a) (b) (a) (b) (c) (d) (e) (f) (g)
13
9.3 Change to regular roster or ordinary hours of work
For a change referred to in subclause 9.1(b):
9.3.1 The Employer must notify the RexPC and relevant Pilots of the
proposed change.
9.3.2 The relevant Pilots may appoint a representative for the purposes of
the procedures in this term.
9.3.3 If:
a relevant Pilot appoints, or relevant Pilots appoint, a
representative for the purposes of consultation; and
the Pilot or Pilots advise the Employer of the identity of the
representative;
the Employer must recognise the representative.
9.3.4 As soon as practicable after proposing to introduce the change, the
Employer must:
discuss with the relevant Pilots the introduction of the change; and
for the purposes of the discussion — provide to the relevant Pilots:
all relevant information about the change including the nature
of the change; and
information about what the Employer reasonably believes will
be the effects of the change on the Pilots; and
information about any other matters that the Employer
reasonably believes are likely to affect the Pilots; and
invite the relevant Pilots to give their views about the impact of the
change (including any impact in relation to their family or caring
responsibilities).
9.3.5 However, the Employer is not required to disclose confidential or
commercially sensitive information to the relevant Pilots.
9.3.6 The Employer must give prompt and genuine consideration to matters
raised about the change by the relevant Pilots, the RexPC or their
representatives.
9.4 In this clause, “relevant Pilots” means the Pilots who may be affected by
a change referred to in clause 9.1.
(a)
(b)
(a)
(b)
(c)
(a) (b) (a) (b) (c)
14
9.5 For the avoidance of doubt, the Employer’s consultation obligations will
apply in respect of any revised work practices, including rosters,
resulting from the introduction of new legislation and regulations. This
includes the implementation of a Fatigue Risk Management System.
10 EMPLOYMENT CONTRACT
10.1 A Pilot will be engaged on a permanent full-time or permanent part-time
basis, except where that Pilot is engaged on a full-time or part-time basis
for a specific period of time to meet peak workloads or for relief coverage
of Pilots on extended periods of leave.
10.2 A Pilot will not be engaged on a casual basis.
10.3 A Pilot engaged on a full-time or part-time basis may be employed on a
probationary basis for a period not exceeding six months. All
probationary appointments will be notified in writing.
10.4 Notwithstanding any other provisions in this clause to the contrary, the
employment of a probationary Pilot may be terminated by the giving of
one week’s written notice by either party, or by the payment or
forfeiture of one week’s salary in lieu of notice as the case may be.
10.5 Within seven days of commencement of employment a Pilot will be
provided with a Letter of Employment confirming the Pilot’s terms of
employment, including their equipment assignment.
10.6 The employment of a Pilot engaged on a full-time or part-time basis will,
subject to the provisions of clauses 10.8 and 10.9, be terminable either:
10.6.1 by the Employer or the Pilot giving four weeks’ written notice, except
where the Pilot has completed less than twelve months continuous
service, in which case two weeks’ written notice will apply or;
in the case of termination by the Employer, an additional week’s
notice shall be provided if the Pilot is aged 45 years or over and has
at least two years’ continuous service at the time notice is given.
10.6.2 by payment to the Pilot or forfeiture by the Pilot from salary due, of an
amount equal to the amount of salary otherwise payable to the Pilot
during the notice period, provided that a period of notice may be
reduced or waived by agreement in which case salary will be paid up
to and including the last day of work.
(a)
(b)
(a) (b)
15
10.7 Where a Pilot has received written notice from the Employer that they
are to be subject to a Temporary or Permanent Transfer (other than by
mutual consent), the Pilot may within seven days of receiving that notice
provide notice to the Employer of termination of their employment that
is no earlier than the date of commencement of the transfer, in which
case, the required notice period shall be considered to have been met
and no forfeiture of salary or other entitlements by the Pilot shall apply.
10.8 The period of notice in clause 10.6 does not apply in the case of serious
misconduct that justifies instant dismissal or to Pilots engaged for a
specified period of time whose employment ends on expiry of the
specified period.
10.9 If the employment of a Pilot is terminated by either the Pilot or the
Employer whilst the Pilot is away from Home Base on a Layover or
temporary transfer, the Pilot will be returned to the Home Base at the
Employer’s expense. The notice period will be deemed not to have
commenced until the Pilot is returned to the Home Base or point of
recruitment, as mutually agreed. Where the Pilot is transferred at the
direction of the Employer to a new Home Base and is subsequently
terminated by the Employer within 12 months, the Pilot, together with
their spouse and any dependent children under 21 years of age, and their
possessions, will be returned to the previous Home Base at the
Employer’s expense.
10.10 A Pilot will not fly an aircraft other than the Employer’s aircraft unless
the Employer consents in writing.
10.11 A Pilot will carry out duties for the Employer outside Australia in any
part of the world where the Employer may from time to time be
operating and where the Employer’s contractual obligations require
flying to be performed. Special conditions for Pilots performing such
duties will be agreed by the RexPC in writing prior to commencement of
such operations.
10.12 A Pilot who fails a prescribed test of competency in respect of any rating
or endorsement which forms part of the conditions of employment will
be afforded adequate facilities for training and/or retraining, as
provided for in clause 23.
10.13 Subject to clauses 10.14 and 10.15, the Employer may suspend a Pilot
from duty on their base Salary and Additions to Salary, pending the
completion of an investigation into an accident or incident in which a
Pilot has been involved or any allegation of serious misconduct, or for
such other reasons that the Employer considers the Pilot’s suspension to
be necessary for a period not exceeding 28 days.
10.14 The Employer may suspend a Pilot from duty without pay during any
period in which:
16
the Pilot has accepted overseas duty but is unable to fly because
their passport is invalid due to their own negligence; or,
the Pilot, due to their own negligence, has failed to take reasonable
steps to renew their required medical certificate or aviation
security identification card (ASIC).
This clause 10.14 shall not apply in a case of licence suspension due to
medical disability.
10.15 Where any period of suspension exceeds 28 days, the Employer may
direct a Pilot to take a period of accrued annual leave.
10.16 No Pilot will be routinely required to operate services in a manner
requiring a grant of dispensation from CASA against any published rule
or regulation, without prior consultation with the RexPC. This clause
does not preclude operating in accordance with ad hoc dispensations
against flight and duty time rules as approved by CASA and as agreed to
by the operating crew.
10.17 Employment of a Pilot who does not hold a current Australian
Commercial Pilots Licence or Air Transport Pilots Licence is prohibited.
11 PART TIME PILOTS
11.1 General Conditions
11.1.1 The parties agree that, subject to operational requirements, the
Company may make a number of line pilot positions available as part
time. The allocation of part-time positions between bases and aircraft
types will be at the Company’s discretion having regard to the
operational needs of the business.
11.1.2 The number and pattern of days to be worked by a part time Pilot will
be agreed in advance of the commencement of the part time position.
This agreement shall be confirmed in writing by the Company. The
number and pattern of days to be worked can be subsequently varied
by written agreement between the Company and the Pilot concerned.
11.1.3 A part time Pilot shall receive pro-rata entitlements for all conditions
of employment under this Agreement unless specified otherwise.
11.1.4 With agreement the Company may choose to appoint individual Pilots
to a part time position having regard to personal circumstances. In
such cases the position will not be advertised.
11.1.5 If a part time position is vacated for any reason the Company is not
obliged to fill that position.
(a)
(b)
(a) (b)
17
11.1.6 Clause 11.1.1 does not remove any requirement for the Company to
formally consult with relevant Pilots, where the change in
circumstances is one that is detailed in the Consultation clause (clause
9) of this Agreement.
11.2 Periods of Duty
11.2.1 A part time Pilot will be engaged and rostered in each Roster Period in
accordance with one of the options in the following table:
Pro Rated
Employment
Working
Days
RDOs Non-Work Days
39% 7 10 11
50% 9 10 9
61% 11 10 7
72% 13 10 5
83% 15 10 3
89% 16 10 2
Work days may include all duty types performed by full time Pilots
including overnights and reserve days. The Company will make best
endeavours to ensure duty types are equitably distributed to part time
Pilots
11.2.2 Subject to the agreement made under subclause 11.1.2, actual rostered
workdays within the 28 day roster period will be at the discretion of
the Company. The Pilot will be able to express preferences consistent
with Rostering request practises.
11.2.3 Flying hours and duty periods are limited by this Agreement.
11.2.4 In accordance with the table above, a part time Pilot will be allocated
RDOs on a pro-rata basis in each 28 day roster period.
11.2.5 All days where a duty day or Designated Day Off has not been rostered
shall be known as non-work days.
11.2.6 If a Pilot is subject to delay or extends duty such that sign off is after
midnight prior to a non-work day, that Pilot will be entitled to a
replacement non-work day. No penalty payments shall apply.
11.2.7 A Pilot may sign on prior to 0600 following a non-work day without
being entitled to a replacement non-work day.
11.2.8 A part-time Pilot will be rostered a minimum of one weekend off in an
eight week period, where practical.
18
11.2.9 A part time Pilot will be subject to all the provisions of clause 45
including payments applicable, which shall be at full stated rates.
11.3 Work on RDOs and Non-work Days
11.3.1 A part time Pilot may be requested by the Company to work on an RDO
in accordance with clause 42.8 of this Agreement. Where a part time
Pilot agrees to work on an RDO payment shall be in accordance with
clause 42.8.
11.3.2 A part time Pilot may be requested by the Company to work on a non-
work day. Where a part time Pilot agrees to work on a non-work day a
replacement non-work day will not be provided and the Pilot will
receive an additional one day’s salary being calculated as 7.6 x the
Pilot’s current hourly rate. Clause 42.8 does not apply in relation to
non-work days.
11.4 Eligibility for Part-Time Employment
11.4.1 Pilots who wish to avail themselves of a part-time position shall submit
a written expression of interest to the Company. Once all part-time
positions are filled the Company will initiate a wait-list for part time
positions.
11.4.2 Part time positions may be provided on the basis of demonstrated need
with preference given to Pilots seeking part time employment in
conjunction with return from a period of parental leave or on the basis
of demonstrated carer’s responsibilities. Pilots requesting part time
positions without a demonstrated need will be granted part time in
order of application. Where Pilots are deemed to have an equal need,
the Company shall use seniority to determine the allocation of part
time positions.
11.4.3 All part time appointments will be for an initial period of twelve
months. During this initial period the Pilot will only return to full time
employment with agreement between the Pilot and the Company. The
initial twelve month period will be exclusive of any period of full time
work performed at the Company’s request as a result of operational
requirements.
11.4.4 After the initial twelve months, a Pilot may apply for, and the Company
may grant, additional periods of 12 months part time employment
having regard to the operational needs of the Company and the
demonstrated need of the Pilot.
11.4.5 A part time Pilot who no longer wishes to continue part time work may
apply for a full time position when a full time vacancy exists.
11.4.6 A part time Pilot may agree to temporarily return to full time flying at
the request of the Company to meet short term operational
requirements.
19
11.5 Training and Related Matters
11.5.1 Initial ground school, simulator and line flight training for a Pilot who
has been employed on a part-time basis will be undertaken on a full
time basis. Part time employment will commence after a satisfactory
check to line and at the commencement of the subsequent roster
period.
11.5.2 An additional 3 training days over and above the total number of
rostered paid working days in any calendar year will be rostered for
each part-time Pilot. These training days will not attract remuneration.
Any additional training days required due to a failure to reach or
maintain a prescribed standard of competency will also be over and
above the total number of rostered paid working days in any calendar
year and will not attract remuneration. This is in recognition of the
Company’s responsibility under its compliance based training
requirements to provide a fixed training schedule to Pilots, whether
they are engaged in full time or part time employment.
11.5.3 Additional training days required in accordance with clause 11.5.2
shall apply for failure to reach or maintain a prescribed standard of
competency for any rostered Company check or training exercise.
11.6 Entitlements
11.6.1 A part time Pilot’s annual leave, personal leave and long service leave
entitlements shall be pro-rata.
11.6.2 Previous entitlements accrued under full time employment will be
transferred to ensure no loss is incurred as a result of converting to
part time employment. Years of service increments will accumulate on
a normal annual basis.
11.6.3 Part time employment will not affect seniority rights. However, any
change of equipment assignment will only be available as a full time
position unless the Company decides otherwise.
11.7 Allowances
11.7.1 Incidence based allowances including meal allowances and DTA will be
paid at the rate prescribed in this Agreement.
11.7.2 Loss of licence entitlements and payments for licence renewal costs
will be as per a full time Pilot’s entitlement.
11.7.3 All other entitlements under this Agreement will be pro-rated.
12 REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS
12.1 This clause applies where a Pilot has made a request for a change in
working arrangements under s.65 of the Act.
20
12.1.1 Section 65 of the Act provides for a Pilot to request a change in their
working arrangements because of their circumstances, as set out in
s.65(1A).
12.1.2 The Employer may only refuse a s.65 request for a change in working
arrangements on ‘reasonable business grounds’ (see s.65(5) and (5A)).
12.1.3 This clause is an addition to s.65.
12.2 Before responding to a request made under s.65, the Employer must
discuss the request with the Pilot and genuinely try to reach agreement
on a change in working arrangements that will reasonably accommodate
the Pilot’s circumstances having regard to:
the needs of the Pilot arising from their circumstances;
the consequences for the Pilot if changes in working arrangements
are not made; and
any reasonable business grounds for refusing the request.
12.2.1 The Employer must give the Pilot a written response to a Pilot’s s.65
request within 21 days, stating whether the Employer grants or refuses
the request (s.65(4)).
12.3 If the Employer refuses the request, the written response must include
details of the reasons for the refusal (s.65(6)).
12.3.1 The written response under s.65(4) must include details of the reasons
for the refusal, including the business ground or grounds for the refusal
and how the ground or grounds apply.
12.4 If the Employer and Pilot could not agree on a change in working
arrangements, the written response under s.65(4) must:
state whether or not there are any changes in working
arrangements that the Employer can offer the Pilot so as to better
accommodate the Pilot’s circumstances; and
if the Employer can offer the Pilot such changes in working
arrangements, set out those changes in working arrangements.
12.5 If the Employer and the Pilot reached an agreement under this clause on
a change in working arrangements that differs from that initially
requested by the Pilot, the Employer must provide the Pilot with a
written response to their request setting out the agreed change(s) in
working arrangements.
(a)
(b)
(c)
(a)
(b)
(a) (b) (c) (a) (b)
21
12.6 Disputes about whether the Employer has discussed the request with the
Pilot and responded to the request in the way required by this clause can
be dealt with under clause 35, however nothing in this clause or this
Agreement gives the Fair Work Commission the ability to arbitrate or
determine whether a refusal of a request was on reasonable business
grounds.
13 PILOT INDEMNITY
13.1 Subject to clause 13.2, a Pilot will not be required to pay for damage or
loss of aircraft, motor vehicle or equipment used in the Employer’s
service nor will any lien or other claim be made by the Employer upon
the Pilot’s estate. Any claim made by any member of the public, employee
of the Company, passenger or other person upon the Pilot’s estate as a
result of any accident or happening caused by the Pilot when duly
performing their nominated duty or operating a vehicle, whether
efficiently or, as may be subsequently determined, negligently, will be
accepted as a claim made against the Employer. The Employer will be
solely responsible for all claims as a result of operations by or travel in
their aircraft.
13.2 Clause 13.1 does not apply to a Pilot who knowingly performs their
nominated duty in a manner contrary to law or Company Operating
Procedures.
14 PILOT DUTIES
14.1 Pilots must undertake operational and other duties, as reasonably
directed by the Employer in accordance with their respective levels of
skill, competence and training. A Pilot will not be required to perform
any duties other than:
14.1.1 Operational duties associated with the preparation for, and conduct of
a flight including reasonable assistance with normal fuelling and
handling of passenger baggage and/or cargo. Assistance with
embarkation and disembarkation of disabled passengers may be
undertaken where appropriate training is given and with agreement
from the Pilot.
14.1.2 Completion of Statutory and Employer documentation associated with
a flight.
14.1.3 Necessary maintenance of cabin tidiness consistent with passenger
comfort. This clause will generally apply only to aircraft not required
to carry a cabin attendant.
14.2 In the case of charter flights, the Employer may require a Pilot to handle
passenger baggage at ports not normally serviced by the Employer.
22
14.3 Pilots will not be required to certify for Engineering LC1 checks or
equivalent.
15 DUTY AND FLIGHT TIME RECORDS
15.1 Each Pilot will be required to keep a record of duty and flight times. The
Company shall keep a progressive record of each Pilot’s flight and duty
time. A Pilot shall provide the Company details of all non-company flying
for inclusion in these records as required by CAOs, CARs, CASRs and/or
Rex PPM / GFRMSM. Upon request, the Company shall provide the Pilot
with written details of their flight record (log book format).
15.2 The Pilot’s record will be maintained or made available by the Employer
for a period of seven years.
16 ORDERS TO PILOTS
16.1 Orders and instructions to Pilots will normally be given or confirmed in
writing. If a Pilot so requests, verbal instructions will be confirmed in
writing to the Pilot no later than 96 hours after the verbal instructions
are given.
16.2 When a Pilot elects to operate under an instrument of approval from
CASA such instrument will be confirmed in writing.
16.3 A Pilot directed to attend a formal meeting with representatives of the
Company will be provided with written notification of the subject of the
meeting, including a list of those attending the meeting on behalf of the
Company. Such a meeting shall be confined to the subject(s) as provided
in that notification. Any request for postponement of the meeting to
allow time for relevant preparation will not be unreasonably refused.
17 CERTIFICATE OF SERVICE
A Pilot may request a certificate of service on termination and the Employer
must provide such certificate within seven days of the Pilot’s last day of work.
18 ACCESS TO PERSONAL RECORDS
Any personal file, equipment record or check report of a Pilot, whether kept
at the Employer’s head office or another office, will be open to inspection by
the Pilot in the presence of the Employer or the Employer’s nominated
representative during normal business hours.
23
19 NEW AIRCRAFT AND SPECIAL EQUIPMENT
When new types of aircraft or special equipment are to be introduced
into service, the RexPC may consider the ramifications and may
recommend salary rates to the Employer and, if necessary, any new or
special provisions whatsoever in relation to the operation of such
aircraft or equipment. Such requests may be made up to three months
prior to anticipated commencement of operations and will be followed
within 30 days by consultation conducted in accordance with the
Consultation clause (clause 9) of this Agreement, with the aim of
formulating salaries and special provisions prior to commencement of
operations.
20 NOTICE BOARDS AND LOCKABLE FACILITIES
20.1 The Employer will provide a notice board of reasonable dimensions in a
prominent place at each base for dissemination of information to Pilots
and for use by Pilots.
20.2 As far as practicable, the Employer will provide lockable facilities at
bases for storage of personal items associated with Pilots’ employment.
21 QUALIFICATION RENEWAL ON TERMINATION
Where the employment of a Pilot other than a Pilot engaged for a specific
period of time is terminated by the Employer for reasons other than
serious misconduct, any of their qualifications including an instrument
rating or other flight rating or endorsement which:
was required by the Employer at the time of engagement; or
whilst not so required, was utilised by the Employer within the
period of up to one year immediately preceding the Pilot’s
termination date
that has lapsed through no fault of the Pilot or is due for renewal during
the period extending up to three calendar months beyond the date on
which employment with the Employer ceases, then either the
qualification(s) will be renewed or the reasonable cost of the renewal(s)
will be met by the Employer no later than on the Pilot’s last day of
employment with the Employer.
(a)
(b)
(a) (b]
24
22 SALARY RECORDS
The Employer will keep up-to-date records in respect of each Pilot in
their employ showing the Pilot’s classification, gross salary, all
allowances, all additions to salary, all deductions and net salary.
23 TRAINING
23.1 The Employer will be responsible for arranging facilities to enable Pilots
to reach and maintain proficiency in such ground courses and such
aeronautical skills as are required by the Employer.
23.2 Where the Employer requires a Pilot to obtain any licence, rating,
endorsement, initial instrument rating or type rating, subject to clause
23.5, the Employer will pay all costs associated with obtaining and for
renewing such rating or endorsement. This will include all licensing fees
and CASA charges.
23.3 A Pilot who, upon initial employment, does not hold an endorsement on
the aircraft type applicable to the initial equipment assignment is
required to commit to a two year training bond. This will be for $25,851
(indexed to CPI) in the case of a SAAB 340 type rating. Should the Pilot
resign within the two year bond period, the residual amount of the initial
bond amount, based on a 1/8 reduction in the original bond every three
months, will be paid to the Employer. This residual amount must be paid
in full within twelve months of the Pilot’s date of cessation of
employment. The bond amount, calculated in accordance with this
clause, will be specified on the Pilot’s employment contract (letter of
employment).
23.4 Any Pilot who bids for and is entitled to command upgrade training may
be requested by the Company to sign a statement, confirming their
commitment to give at least three months service with the Company
following check to line as a Captain. Where a Pilot declines to sign such a
statement, the Company may at its discretion choose not to provide
upgrade training to that Pilot.
25
23.5 Where the Employer arranges or provides for a pilot who holds a
commercial pilot licence (CPL) or air transport pilot licence (ATPL), that
is endorsed with an instrument rating and multi-crew cooperation
rating who is not currently in the Employer’s employ, training of a type
mentioned in clause 23.2 on the understanding that such training will
qualify the pilot to commence employment with the Employer, the
Employer will be deemed for all purposes of this Agreement to be the
Pilot’s employer as from the date of commencement of such training if
the training is carried out by the Employer, with the exception of ground
schools. Provided that where the aircraft used for such training is not
one operated by the Employer, the pilot will pay the training costs in full
and the Pilot’s employment will commence subsequent to completion of
training.
23.6 No Pilot will be required by the Employer to obtain any subsequent
aircraft endorsement to their licence or instrument rating in their own
time or at their own expense where such endorsement or rating is
required of the Pilot by the Employer. The Employer will pay all costs
associated including licence fees associated with obtaining and/or
renewing such rating or endorsement, including CASA charges.
23.7 Any required currency or proficiency checking that is applicable to a
Pilot’s licence, SASMAP, endorsement training or Emergency Procedures
training will not be conducted following an operating duty in the same
duty period.
23.8 Pilots will have sufficient duty time rostered to complete all required
CBT (Computer based training). A pilot may elect to complete the CBT at
a time other than the time rostered, but not later than the due date for
that CBT, provided that failure to complete or pass the CBT will not
impact the pilot’s ability to complete their rostered duty.
23.9 The Employer will ensure that a Pilot has access to a copy of the Pilot’s
check report immediately after the completion of any check. The check
report will be completed in the Pilot’s presence. All adverse comments
will be discussed with the Pilot during the debriefing period. In the event
that it is not possible to complete and review the check report at that
time, the Check Captain and the Pilot concerned shall agree on a later
time to complete the debriefing and review.
23.10 Opportunity to qualify
23.10.1 Type rating training must not be commenced unless the Pilot has
successfully completed an approved engineering course where
required for the type.
23.10.2 Line training must not be commenced unless the Pilot has successfully
completed the endorsement training for the type.
23.10.3 Pilots who are required to undergo a Progress Check must have
already completed a minimum of 75% of their line training.
26
23.10.4 A Pilot who fails to achieve the required standard at a progress check
conducted during their training, will have the opportunity to repeat
this check prior to the completion of their training.
23.10.5 A Pilot who fails to achieve the required standard during the repeat of
a progress check, proficiency check or check-to-line, will be deemed to
have failed their opportunity to qualify.
23.11 Failure to qualify
23.11.1 A Pilot who fails conversion or command training who does not seek
to undertake or is unsuccessful in a second period of training, must
revert to a classification for which they can qualify, if applicable. Where
a pilot has failed to qualify for a position in the same base, the pilot will
revert to their previous classification in that base. Where a Pilot has
failed to qualify for a position in a different base, and a vacancy no
longer exists for their classification in their previous base, the pilot will
be assigned to an alternate base and will subsequently be offered the
first vacancy for that classification in the previous base. If they refuse
the offer of the first vacancy, then bases will be assigned in accordance
with clause 31 of this agreement.
23.11.2 A Pilot, who fails their first opportunity to qualify for command or on
conversion training, will be entitled to a second opportunity. The Pilot
may elect to have their second opportunity carried out with a different
Training and/or Check Captain.
23.12 Failure to maintain standard
23.12.1 During a licence or rating renewal, or SASMAP assessment, should a
Pilot be unable to maintain the required standard they will be entitled
to retraining of up to 20 sectors and/or such other training program as
approved by the Chief Pilot or Manager Training and Checking prior to
being re-checked.
23.12.2 A Pilot may elect to have their re-check conducted by a different Check
Captain.
23.12.3 A Pilot who fails their re-check will revert to such lesser rated
classification as is available and for which the Pilot can qualify. If a
vacancy does not exist in their current base, the pilot will be assigned
to an alternate base and will subsequently be offered the first vacancy
for that classification in their current base. If they refuse the offer of
the first vacancy then bases will be assigned in accordance with clause
31 of this Agreement.
27
24 DUTIES EXPENSES
24.1 On production of receipts, the Employer will fully reimburse a Pilot for
all reasonable out-of-pocket expenses necessarily incurred by the Pilot
as a result of assistance rendered to passengers in the course of their
employment. Such reimbursements will be made within 14 working
days of a claim being submitted.
24.2 A Pilot will not be required to pay for the costs associated with the
operation of an aircraft. Notwithstanding this, in the case of expenses
being incurred by the Pilot in the operation of an aircraft, the Employer
will reimburse the Pilot such costs within 14 working days of the Pilot
submitting such a claim.
24.3 Expense reimbursement claims must be submitted within 3 months.
25 OVERSEAS DUTY
The Employer will be responsible for the provision and finalisation prior to
departure of such flights of all items to facilitate the conduct of the operation
by the Pilot. These items will include but not necessarily be limited to the
requisite customs and entry documentation, accommodation, adequate
currency or credit cards valid in the ports to be visited and letters of
introduction or similar documentation to facilitate assistance from Australian
diplomatic consular representatives or appropriate neutral representatives.
All reasonable expenses incurred by a Pilot to operate overseas will be
reimbursed by the Employer including passport and vaccination expenses.
26 COMMUNICATIONS
26.1 Telephone
The Employer will reimburse each Pilot the cost of the installation of a
‘landline’ telephone service in that Pilot’s private residence. This
reimbursement will be available once per base for each Pilot. The
Employer will reimburse a Pilot for the cost of all Company business calls
required on a Pilot’s personal telephone (landline or mobile) when the
Company’s toll free number does not provide toll free access for the
required call.
A Pilot may choose to accept a “Company use only” mobile phone from
the Company, at no cost to the Pilot, in lieu of the above reimbursement.
26.2 iPads
The Company will provide each pilot with an iPad. These iPads will be
loaded with the Company suite of manuals and any other documentation
28
deemed appropriate by the Company with provision to keep such
documentation updated by connection to WiFi.
Each Pilot agrees to:
actively facilitate such updates at least once a day during non-leave
periods or as frequently as practicable;
not to use the iPad for non-work related matters;
not to load into the iPad materials and applications not approved by
the Employer; and
work with the documentation loaded on the iPad in lieu of a printed
copy.
27 ACCIDENT INSURANCE
27.1 The Employer will provide each Pilot with accident insurance for a death
benefit of not less than $297,328 (or the Award rate, if higher) over and
above any entitlement available under Workers’ Compensation
legislation.
27.2 The insurance benefit provided for in clause 27.1 will be paid only to the
Pilot’s nominated dependants or next friend or trustee and a receipt or
receipts for the amount insured from such dependant, next friend or
trustee will terminate the Employer’s obligation under clause 27.1.
27.3 A Pilot’s entitlement under a superannuation scheme provided by the
Employer, to a death benefit of not less than an amount prescribed in
clause 27.1 will satisfy the objective of this clause.
27.4 A Pilot who wishes to arrange their own accident insurance cover will be
reimbursed as per the Award rate, upon production of a receipt for
expenditure on such comparable insurance. Payment under this clause
will be deemed to discharge the Employer’s obligation in clause 27.1.
27.5 Should the Employer’s insurer reject a proposal for cover of a Pilot under
clause 27.1, the Pilot will be reimbursed as per the Award rate, upon
production of a receipt for expenditure on such comparable insurance.
Payment under this clause will be deemed to discharge the Employer’s
obligation in clause 27.1.
29
28 DUTY TRAVEL
28.1 Duty travel means any travel, other than as a crew member of an aircraft,
which a Pilot undertakes in the service of the Employer and includes
Deadhead Travel, travel for the purpose of taking up a new base, either
permanent or temporary, and any other travel for any purpose required
by the Employer.
28.2 A positive space seat will be provided on duty travel. Where duty travel
is required after the completion of a Tour of Duty, due regard will be
given to expediting such travel on the first available aircraft.
28.3 Where the cost of a Pilot’s family travel is at the expense of the Employer,
positive space seats will be provided for the Pilot, their spouse or
partner, and each dependant under 21 years of age. If a Pilot or
dependants are off-loaded overnight the Employer will provide
transport to and from the airport and appropriate accommodation and
meals on each such occasion.
28.4 Where a Pilot in the course of employment is required by the Employer,
or CASA subject to the Employer’s prior approval, to undertake any local
travel by means of using a local transport service, the Pilot may use their
company issued account. If the local transport service does not accept
the Company payment system, the Employer will reimburse the Pilot for
all reasonable expenses incurred in such travel.
28.5 All travel arrangements, including accommodation, will be made by the
Employer prior to the departure of the Pilot from Home Base and all such
arrangements will be known to the Pilot prior to such departure.
29 LEAVE OF ABSENCE
29.1 A Pilot may upon written request be granted leave of absence without
pay. When such leave is granted the provisions to apply will be in writing
and the Pilot will retain seniority for an absence of up to twelve months.
A Pilot whose request is declined shall be advised in writing and given
priority for consideration of future available Leave of Absence
opportunities.
A Pilot who engages in other employment as a Pilot whilst on such leave
of absence will lose all seniority entitlements unless approval in writing
to engage in other employment is first obtained from the Employer and
RexPC. A copy in writing is to be provided to the Federation.
29.2 Payment of Entitlements
29.2.1 The Pilot will be paid all entitlements due at the end of the normal
notice period prior to the LWOP.
30
29.2.2 The Pilot on LWOP will have no further accrual of any entitlements
under the Agreement.
29.3 Training and Related Matters
29.3.1 Any Pilot returning will not be subject to any return of service or bond
agreement.
29.3.2 The Company will be responsible for all training required to return the
Pilot to line flying status.
30 CHANGE OF CLASSIFICATION
30.1 Temporary
30.1.1 Subject to possessing the appropriate statutory and proficiency
requirements, a Pilot may be required by the Employer from time to
time to carry out flying duty in any of the categories of flying operations
conducted by the Employer. Such requirement may result from a relief
assignment at the Pilot’s Home Base or base of temporary transfer.
30.1.2 If during a relief or temporary transfer, a Pilot who is engaged in a
particular classification is required to carry out flying duties in a
classification attracting a higher level of remuneration, the Pilot will be
paid for all such duties at the applicable higher rate of remuneration,
appropriate to the period of service with the Employer, for a minimum
of one week and will at the same time be entitled to any higher
employment benefits applicable to that classification. A Pilot will, at the
termination of the relief or temporary transfer, subject to the minimum
payment of one week, revert to the appropriate classification.
30.1.3 If, during a relief or temporary transfer a Pilot is required to carry out
flying duties in a classification attracting a lower level of remuneration
the Pilot will continue to be paid at their substantive rate of
remuneration.
30.2 Permanent
30.2.1 For the purposes of this clause, “permanent” will mean any period in
excess of 180 days.
30.2.2 On a change of classification of work, years of service with the
Employer will determine the incremental level in the new classification
of work.
30.2.3 On promotion to a different classification of work attracting a higher
remuneration, the Pilot will maintain existing salary until proficient in
the new classification.
31
30.2.4 When there is a reduction of establishment on, or phase out or
withdrawal of an aircraft type and the Pilot is demoted to a
classification attracting a lower remuneration, the Pilot will be given
the following minimum notice of the transfer or paid existing salary for
the period, by which the notice falls below that provided in the
following table.
Period of service Notice
Less than 1 year 3 weeks
More than 1 year but less than 3 years 6 weeks
3 years or more 8 weeks
30.2.5 Where the transfer to a classification attracting a lower salary results
from the attempt and failure to demonstrate proficiency in a previous
classification, the Pilot shall retain their existing salary for the period
specified in the table of subclause 30.2.4, after which they shall
commence receiving the lower salary corresponding to their new
classification.
30.2.6 In the event of such a failure to demonstrate proficiency, the affected
Pilot and their chosen representative will be given the opportunity to
meet with the relevant Management Pilot to discuss the failure(s),
including any appropriate course of remedial action and time frame by
which the Pilot may be given the opportunity to re-qualify for their
previous classification.
30.2.7 For the sake of clarity, the provisions of subclauses 30.2.5 and 30.2.6
apply to a failure to demonstrate proficiency. In the event that a Pilot
is notified of a transfer to a classification attracting a lower salary as a
result of disciplinary action for conduct which would otherwise
warrant termination, the Pilot will retain their existing salary for 21
days from the date of notification, or up to the date on which they cease
employment with the Company, whichever is sooner.
31 SENIORITY
31.1 Not later than 14 days after the commencement of this Agreement, the
Employer will publish a seniority list of all Pilots in its employment. A
number indicating the relative length of service with the Employer will
identify the seniority of each Pilot on the list. The longest serving Pilot
having the number “one”.
32
31.1.1 Where this Agreement takes effect immediately following the
operation of a previous enterprise agreement that makes provision for
publication of a seniority list, Pilots employed at the commencement of
this Agreement will retain the same position on the seniority list
published under clause 31.1 as held on the seniority list published
according to the previous enterprise agreement, except in accordance
with subclause 31.1.2
31.1.2 Pilots in continuing employment with the Employer, who would have
been assigned a different start date for seniority under the terms of
subclause 31.13, shall have their seniority position amended according
to the provisions of that subclause.
31.2 A new Pilot’s seniority will be published as part of an updated Seniority
List within 14 days from commencement with the Employer as a Pilot.
31.3 Pilots employed on the same date will have their relative seniority
positions decided by the Employer having regard to qualifications and
experience.
31.4 Following the commencement of this Agreement, vacant positions will
be created on the seniority list, with one such position to be added after
every 10 newly employed Pilots are added to the seniority list. Those
vacant position(s) will retain relative seniority and can be allocated to
new pilots at the Company’s discretion. Any Pilot allocated such a
position will be paid according to the year of service salary level
corresponding to the nominal start date of that position.
31.5 If a Pilot ceases employment as a Pilot with the Company, but
subsequently is reemployed as a Pilot with the Company within five (5)
years of the date of their cessation of employment, the Pilot’s position on
the seniority list will be calculated by amending their previous seniority
date (and consequently number) to a later date (and number) directly
commensurate with the total period that the Pilot was not employed by
the Company, but by no less than one year of service.
31.6 Where a Pilot is reemployed under the provisions of clause 31.5, the
Company shall remove from the seniority list one vacant position
previously created under the provisions of clause 31.4 for each pilot so
reemployed. If no such vacant position exists on the seniority list, this
clause shall have no effect in that instance.
31.7 Pilots employed after the commencement of this Agreement will be
allocated an equipment assignment by the Chief Pilot. All eligible
standing bids for a given equipment assignment will be considered and
granted, subject to clause 31.12. The intent of this clause is to ensure
existing Pilots are given bid preferences prior to assigning to new pilots.
33
31.8 Pilots will be permitted a period of 14 days after any publication of the
seniority list in which to protest any omission or incorrect listing
affecting the seniority list, except that a Pilot on leave or duty away from
Home Base at the time of publication of such list, shall have a period of
14 days from the date of return to duty at their Home Base during which
to file such a protest.
31.9 All equipment assignments, vacancies and temporary and permanent
transfers shall be advertised electronically on the Flight Crew Notices
webpage for a period of 7 days or be individually advertised in writing.
The Employer will attempt to notify all Pilots who are on leave. All Pilots
will be entitled to apply in writing for such positions and the Employer
will fill such vacancies and allocate such transfers in accordance with
clause 31.12.
31.10 During the life of this Agreement, the Employer may introduce a web-
based facility for Pilots to submit, review and update their standing bid
for equipment assignments. Implementation of such a facility will be in
consultation with the RexPC. Should the provisions of this clause be
implemented, clause 31.9 will no longer apply.
31.11 In the absence of a web based facility or if a position cannot be filled
under the provisions of that system, the Employer will use standard
documentary format which displays the relevant information on each
occasion a vacancy is advertised. The format will include:
equipment assignment;
location(s) of vacancies;
number of vacancies at each location;
closure date for applications; and
commencement date of technical training if known.
31.12 Relative seniority of Pilots as indicated on the seniority list,
qualifications and merit will be considerations in all matters concerning
employment opportunities including:
equipment assignments;
promotions;
retention or demotion in case of reduction of establishment; and
postings, temporary and permanent transfer.
31.12.1 Where seniority is contrary to the needs of the Employer the Company
and the Federation agree to work together to find a solution that will
minimise the impact upon those Pilots involved.
34
31.13 For the purpose of this clause only, where a Pilot commences
employment with the Employer, immediately following a period of
employment as a Pilot of a Subsidiary, the Pilot will be entitled to a
seniority position in the Employer’s seniority list based on the most
recent of:
the Pilot’s start date with the Subsidiary; or
the date the entity became a Subsidiary.
31.13.1 Previous employment with a Subsidiary does not entitle a person to
employment with the Employer.
31.13.2 Minimum time served prior to eligibility to apply for a Command
position is 12 months with the Employer or as determined by the Chief
Pilot / GMFO.
31.13.3 Salary will be based on the years of service with the Employer, not
including time spent in any Subsidiary.
32 LIMITED TENURE COMMAND
32.1 Where a vacancy for a command position exists and is unable to be filled
in accordance with clause 31, the Company may establish limited tenure
command positions at alternate crew bases. These positions will be
primarily used to cover shortages in crew bases that are unable to fill
establishment positions.
32.2 The initial tenure period shall be no greater than 12 months.
32.3 Limited tenure command positions, clearly indicating the tenure period,
will be advertised and allocated in accordance with clause 31.
32.4 The tenure period may be extended based on mutual agreement, by no
more than 12 months at a time.
32.5 A bid for a limited tenure command shall be considered distinct from a
bid for any other equipment assignment. Standing bid forms may be
amended to include bid(s) for limited tenure commands as may become
available.
32.6 While a Pilot occupies a limited tenure command position (Limited
Tenure Captain), that Pilot will be exempt from the provisions of clause
42.9 until such time as they commence an equipment assignment other
than as a Limited Tenure Captain.
32.6.1 A Pilot occupying a limited tenure command position:
Will not be required to perform more than 42 out-of-base layovers
in any 3 consecutive roster periods, unless by mutual consent;
35
Will not be required to perform more than 5 consecutive out of-base
layovers, unless by mutual consent;
Will be entitled to a payment of $140.94 (indexed to CPI) for each
out-of-base layover performed in excess of 30 in any 3 consecutive
roster periods.
32.6.2 The exceptions found in clause 42.9.5 shall apply to the above.
32.7 Limited Tenure Captains shall not receive DTA for time signed off in the
crew base(s) in which they perform out-of-base duties. For example, a
Limited Tenure Captain based in Melbourne and operating a series of
Sydney-based duties will receive DTA calculated:
From sign-on in Melbourne until first sign-off in Sydney, and
From each intermediate sign-on to sign-off in Sydney, and
From last sign-on in Sydney until sign-off in Melbourne
32.8 Limited tenure command positions are not to be taken into
consideration when determining crew establishment at any crew base.
32.9 Notwithstanding the above, Limited Tenure Captains may perform
duties in their Home Base, and where practicable during the rostering
process, this should be rostered in preference to allocating duties within
their home base to captains from other bases.
32.10 Limited Tenure Captains who are assigned primarily to duties in a
particular base shall be counted within that base for the purpose of
determining annual leave allocation. Where duties are distributed more
evenly over multiple bases the Limited Tenure Captain may be given
their choice of which base they wish to be counted in for the purpose of
annual leave bidding. Limited Tenure Captains are considered to hold
lower seniority than Captains for the purpose of annual leave allocation.
32.11 At the end of the specified tenure, the Pilot will revert to the equipment
assignment they held prior to commencing the limited tenure command
position, or to any more preferred available position for which they have
bid according to clause 31. A crew member electing to terminate their
limited tenure position prior to the specified end date is to provide 28
days’ notice, and will revert to any available vacancy as per clause 31.
Where no vacancy exists, the Company will assign the Pilot to a position
based on its needs until the end of the originally specified tenure period,
at which point the Pilot will revert to the equipment assignment they
held prior to commencing the limited tenure command position.
32.12 Limited Tenure Captains will be eligible to bid for any other command
position as per clause 31, and if successful will not be considered to have
terminated the limited tenure position.
36
32.13 For the sake of clarity, a Limited Tenure Captain who reverts to the
classification of First Officer will revert to the rates of pay applicable to
that position.
33 RETENTION OF SENIORITY - LICENCE CANCELLATION ON MEDICAL
GROUNDS
33.1 A Pilot whose licence has been cancelled or suspended on medical
grounds will retain their current position on the Pilots’ seniority list,
where the cancellation or suspension is anticipated (by a physician) to
be for a period of less than 12 months, as well as a right to re-
employment for a period of five years from the date of such cancellation
or suspension provided their commercial or higher licence pertinent to
their employment, is reissued within that period.
33.2 Clause 33.1 applies only when a vacancy exists where cancellation or
suspension exceeds 12 months.
33.3 A Pilot shall retain their relative position in the seniority list for the
purposes of access to re-employment under this clause.
33.4 Disputes or questions arising in relation to this clause may be raised
under the Disputes Procedure.
34 WORKERS COMPENSATION MAKE-UP PAY
34.1 In addition to any statutory entitlement to workers compensation under
relevant legislation a Pilot will be paid make-up pay.
34.2 Make-up pay will be:
an amount of money equal to the difference between the Pilot’s
workers’ compensation entitlements and the amount of salary, plus
regular allowances (excluding Overnight DTA) from Sign On Time
(including Reduced Sign On Time as applicable) to Sign Off Time,
that they would have received had they been at work for the period
concerned, provided that it will not apply during any period of paid
leave;
payable for a maximum period or aggregate of periods in no case
exceeding a total of 52 weeks in respect of incapacity arising from
any one injury; and
paid through normal payroll procedures or according to alternative
arrangements mutually agreed between the Pilot and the Employer.
(a)
(b)
(c)
(a) (b) (c)
37
34.3 If, for the purposes of clause 34.2(a), no specific earnings figure is
otherwise ascertainable, the figure used will be the average of the Pilot’s
total earnings, (excluding overnight DTA) from Sign On Time (including
reduced Sign On Time as applicable) to Sign Off Time, over the previous
three months or such lesser period of time during which the Pilot has
been employed.
34.4 Nothing in this clause will affect the right of the Employer to terminate a
Pilot’s employment in accordance with clause 10 of this Agreement,
provided that no Pilot will be terminated as a result of their having
received make-up pay or as a means of avoiding make-up pay
obligations.
34.5 In the event that a Pilot receives a lump sum in redemption of regular
statutory compensation entitlements, the liability of the Employer to pay
make-up pay will cease from the date of such redemption.
34.6 Where the Pilot recovers damages from the Employer or from a third
party in respect of a compensable injury independently of statutory
entitlements, they will be liable to repay to the Employer the amount of
make-up pay which they have received in respect of the said injury and
will have no further make-up pay entitlements in respect of the injury.
34.7 Any period spent on workers compensation will accrue for the purposes
of accumulation of annual leave, personal/carer’s leave and long service
leave entitlements.
35 DISPUTE RESOLUTION PROCEDURE
35.1 Where a dispute arises in relation to:
a matter arising under this Agreement; or
the NES,
this term sets out the procedure to be followed to settle the dispute.
35.2 At any stage of the dispute resolution process, a Pilot may appoint a
representative of their choice, such as an official of the Federation or a
member of the RexPC.
35.3 The parties must genuinely attempt to resolve the dispute at a workplace
level by:
The Pilot(s) meeting with their immediate supervisor to attempt to
resolve the dispute. Discussions are to occur within 7 days of the
pilot(s) notifying their supervisor of the dispute, unless otherwise
agreed.
If the matter remains unresolved, the Pilot may refer the dispute to
either the Chief Pilot or the Chief Operating Officer.
(a)
(b)
(a)
(b)
(a) (b) (a) (b]
38
Discussions and/or a formal written response from the Chief Pilot
are to occur or be provided within 14 days of notification, unless
otherwise agreed.
Alternatively, discussions and/or a formal written response from
the Chief Operating Officer, are to occur or be provided within 21
days of notification, unless otherwise agreed.
35.4 Where a dispute relates to circumstances that are imminent, the Pilot(s)
may commence the dispute resolution procedure at the step outlined in
clause 35.3(b). Where this occurs, the Chief Pilot or the Chief Operating
Officer will either facilitate urgent discussions or provide a written
response within a reasonable timeframe, determined with regard to the
circumstances of the dispute.
35.5 If after the procedures in clause 35.3 have been complied with, or the
circumstances that are the subject of the dispute are about to occur, and
the matter remains unresolved, the Employer or Pilot(s) may refer the
matter to the FWC.
35.6 The FWC may deal with the dispute in two stages:
Firstly, the FWC will first attempt to resolve the dispute as it
considers appropriate, including mediation, conciliation,
expressing an opinion, or making a recommendation; and
If the FWC is unable to resolve the dispute at the first stage, the
Employer or the Pilot(s) may jointly or individually refer the matter
to arbitration for determination.
35.7 A determination from the FWC is binding upon the parties, subject to the
right to appeal the determination to a Full Bench of the FWC.
35.8 While the parties attempt to resolve a dispute according to the above
procedure, the Pilot will continue to perform their normal duties unless
the Pilot has a reasonable concern about an imminent risk to personal
health or safety.
35.9 The parties will at all times confer in good faith and without undue delay.
36 WORK/OCCUPATIONAL HEALTH AND SAFETY
36.1 The Employer will on request provide each Pilot with the following
hearing protection devices:
Ear Muffs
Ear Plugs (Disposable)
(c)
(d)
(a)
(b)
(c) (d) (a) (b)
39
36.2 The Employer will provide an allowance of $114.45, indexed to CPI, paid
to each eligible Pilot for the supply and maintenance of their own
personal headset. This will be payable on 1 July of each year for the
duration of this Agreement. The following provisions shall apply:
a Pilot in receipt of this allowance is required to supply and
maintain a personal headset for use on flying duties for the
Company;
this headset is to be from a list of approved models (see PPM for
approved list), or an existing TSO-certified headset already in use in
Rex operations prior to the publication or amendment of that list.
headsets grandfathered under paragraph (b) must have a Noise
Reduction Rating of at least 23dB
the Company are to provide and maintain 6-pin LEMO (aircraft
power) and standard dual-plug headset connections at both LP and
RP positions in accordance with the AMM/ MEL whilst the relevant
headset connections are supported by the OEMs.
the Observer (jump seat) headset connection and aircraft
simulators may continue to provide only dual-plug connections
36.3 The Employer will provide at least one serviceable spare headset in each
aircraft.
37 PILOT REPRESENTATION AT ACCIDENT OR INCIDENT
INVESTIGATION
A Pilot will have the right to nominate a representative who may be present
at all stages of the Employer’s investigation into any accident or incident in
which a Pilot is involved. By agreement with the Employer such
representative may be a suitably qualified person not employed by the
Employer.
A Pilot involved in or questioned during an accident or incident investigation
will have the right to nominate a representative to assist during such
investigation.
38 PILOT AERONAUTICAL DOCUMENTATION
Each Pilot will be provided by the Company with an electronic subscription
for all required aeronautical documents, to be used on the iPad issued to the
Pilot in accordance with clause 26.2, and on one other personal device of the
Pilot’s choice.
(a)
(b)
(c)
(d)
(e)
(a) (b] (c) (d) (e)
40
39 REDUNDANCY
39.1 Severance pay
39.1.1 Subject to clause 39.1.2, a Pilot whose employment is terminated by
reason of redundancy must be paid the following amount of severance
pay in respect of a continuous period of service in addition to the
provision of notice or payment in lieu of notice in accordance with
clause 10.
Completed years of continuous service Severance pay
Less than 1 year Nil
1 4 weeks’ pay
2 6 weeks’ pay
3 7 weeks’ pay
4 8 weeks’ pay
5 10 weeks’ pay
6 11 weeks’ pay
7 13 weeks’ pay
8 14 weeks’ pay
9 16 weeks’ pay
10 or more 12 weeks’ pay
“Weeks’ pay” equals 38 hours (pro-rated for part time pilots) at the
applicable salary rate for the Pilot concerned, inclusive of Additions to
Salary.
39.1.2 The Employer will not be obliged to make a severance payment if the
Employer obtains suitable and reasonable alternative employment for
the Pilot. For the purposes of this clause, employment requiring a
change of domicile would not be considered suitable and reasonable.
39.1.3 A Pilot whose service is terminated for reasons of redundancy, and
who was not recruited locally, will be entitled to air travel for the Pilot
and dependants to the place of original recruitment if the Pilot wishes
to return to that location. A cash payment equivalent to the cost of that
air travel will be made if the Pilot who returns to the place of original
recruitment so requests.
39.2 Pilot leaving during notice period
A Pilot whose employment is terminated by reason of redundancy may
terminate their employment during the notice period and, if so, will be
entitled to the same benefits and payments under this clause had they
41
remained with the Employer until the expiry of such notice. However, in
this circumstance the Pilot will not be entitled to payment in lieu of
notice.
39.3 Time off during notice period
39.3.1 During the period of notice of termination given by the Employer a
Pilot will be allowed up to one day’s time off without loss of pay during
each week of notice for the purpose of seeking other employment.
39.3.2 If the Pilot has been allowed paid leave for more than one day during
the notice period for the purpose of seeking other employment, the
Pilot will, at the request of the Employer, be required to produce proof
of attendance at an interview or they will not receive payment for the
time absent. For this purpose, a statutory declaration will be sufficient.
39.4 Transfer to lower paid duties
Where a Pilot is transferred to lower paid duties by reason of
redundancy, the Pilot will be given the following minimum notice period:
Under 1 year of service, 3 weeks; or
Over 1 year but under 3 years of service, 6 weeks; or
Over 3 years of service, 8 weeks
The Employer may at the Employer’s option, make payment in lieu
thereof of an amount equal to the difference between the former salary
and the new salary for the number of weeks of notice still owing.
39.5 Re-employment
39.5.1 A Pilot whose employment is terminated due to redundancy or who
terminates their employment whilst under notice of termination due
to redundancy in order to take up alternative duties as a pilot will
maintain their right for re-employment with the Employer for five
years or until offered re-employment, which is subsequently rejected
by the Pilot, whichever occurs first. The onus will be on the Pilot to
provide the Employer with a current address.
39.5.2 A Pilot shall retain their relative position in the seniority list for the
purposes of access to re-employment under clause 39.5.1.
39.6 In the event of a base closure where positions at another base are
available, at the same or higher classification, the Employer may offer to
the existing Pilots a voluntary redundancy package based upon normal
notice with the addition of three weeks’ pay per year of service. A Pilot
affected by a base closure who accepts a voluntary redundancy package
under this clause will not receive the benefits set out in clauses 39.1, 39.2
and 39.3.
42
40 ROSTERING
40.1 It is the intent of this clause that rosters are prepared with the aim of
providing stability to Pilots in their working environment.
40.2 Unless altered by agreement between the Employer and a majority of the
Pilot group, rosters of pilot duty will be compiled to cover 28 day periods
and will be promulgated electronically and will be accessible not less
than seven days prior to the commencement of the roster period.
40.3 Each roster will specify in detail each Pilot’s Designated Days Off, duty
days and Duty Periods, reserve duty days, periods designated free of all
duty and leave periods.
40.4 A Pilot’s Designated Day Off may only be altered with the agreement of
the Pilot and the Employer.
40.5 The Employer will provide for Pilot participation in rostering matters to
ensure the most mutually favourable rostering and working conditions.
40.6 The rostering representative(s) will meet each month or as agreed with
a nominated representative of management to deal with matters and
endeavour to resolve any problems relating to the rostering of Pilots.
40.7 Copies of the complete roster will be promulgated on notice boards or
made available on crew room computers prior to the commencement of
the roster period.
40.8 All alterations to rostered duties that will occur within the next 48 hour
period immediately following the alterations will be advised by the
fastest means of communication to the Pilot or Pilots concerned,
followed by a confirmation in writing.
40.9 Exchange of flying and/or day to day flights between Pilots may be
granted upon request of the Pilots concerned, provided that a Pilot’s
ability to complete their subsequent flying within the roster period will
not be negatively impacted.
40.10 Every endeavour will be made to keep a Pilot in their (designated)
rostered duty period.
40.11 A change to rostered duty period may be made by agreement of the Pilot
and the Employer. A Pilot may refuse a Company request for such a
change, but must complete the requested duty once accepted.
40.12 The use of accrued days in lieu may be requested by a Pilot at any time
prior to the close of roster requests for the roster period(s) in question,
and shall be approved providing the annual leave roster (at the time of
the request) has availability in that equipment assignment. If there is no
availability in the annual leave roster, requests for days in lieu may be
granted at the discretion of the Company.
43
40.12.1 Pilots who earn days in lieu (DIL) in a given calendar year are
encouraged to utilise those days earned prior to the next annual leave
bids.
40.12.2 Where pilots have not used at least half of DIL days earned in the
previous calendar year, the Pilot will be required to bid for the balance
of this amount as additional DIL leave weeks during the annual leave
bid process.
40.13 A Pilot is entitled to 3 Priority Days Off (PDO) per calendar year. Such
days off will be granted prior to the allocation of any other rostered days
off, and are intended to guarantee access to a day off when it is of
particular importance to the Pilot. Priority Days Off are subject to the
following conditions:
PDOs form part of the Pilot’s normal allocation of designated days
free of duty.
A Pilot may not request a PDO falling in the period from 24
December to 2 January.
PDOs will be granted on a first come, first served basis, subject to
the total availability of RDOs in that equipment assignment.
Seniority plays no role in the allocation of PDOs.
All PDO requests must be made in electronic format to the Crew
Resources Manager or their delegate.
PDOs do not carry over from one calendar year to the next.
Requests for a PDO must not be submitted more than 6 months in
advance of the date requested.
To guarantee access to a PDO (subject to the above conditions), the
request for a PDO must be received at least one week prior to the
close of roster requests for the roster period in question.
The Crew Resources Manager will maintain in electronic format a
record of all PDO requests and allocations.
41 SIGN ON AND SIGN OFF TIMES
41.1 The Sign On Times detailed in clause 3 of this Agreement will apply for
all operations as appropriate.
41.2 Reduced Sign On Time
41.2.1 A reduced sign on time of not less than 30 minutes may be rostered for
all flight duties, and Deadhead Travel immediately preceding flight
duties from non-Capital City primary airports, where the following
tasks are performed on the Pilot’s behalf by ground handling staff:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(a) (b) (c) (d) (e) (f) (g) (h) (i)
44
Open aircraft and check for cleanliness;
Remove bungs / pitot covers and store equipment in
designated positions;
Connect and start GPU (where available);
De-ice aircraft (at the request of the Captain or First Officer);
Ensure refueler is present;
Fill and replace hot water urns and ensure catering placed on
aircraft;
Activate standard flight plans relevant to rostered duty; and
Obtain and print weather and NOTAM briefing (SPFIB)
relevant to rostered duty where required.
41.2.2 When it is known at the rostering stage that an operating Pilot will not
have been the last Pilot to operate the same aircraft on the previous
day, that Pilot will be rostered with a standard (not reduced) sign-on
period.
41.3 This clause will in no way remove the crew’s rights, as pilots in
command, to delay a flight or flights departure time in order to
satisfactorily complete the regulatory pre-flight duty requirements and
those contained in the Employer’s Operations Manual for the particular
aircraft being operated.
41.4 In the event that specified times for pre-flight and/or post-flight duties
are routinely exceeded, then the sign on and/or sign off time as
applicable will be reviewed by the Company and RexPC, and amended
where necessary to better represent the actual time taken.
42 PERIODS OF DUTY
42.1 Notwithstanding the maximum permissible duty and flight time
limitations prescribed by this Agreement, the duty and flight
times of Pilots employed under this Agreement will be based on the
principle that in each nominated 28 day period at least ten days shall be
free of all duty, except in accordance with clause 42.7 or 42.8, including:
at least one weekend free of duty, subject to subclause 42.1.1
and
not more than two single days off except where a single day off
is paired with another day off in the adjoining roster period;
and
45
wherever possible, not more than one single day off where a
Pilot is rostered duty in excess of 140 hours in a 28 day period;
and
where possible, the Company will roster at least two days off in
any 12 day period.
42.1.1 Where in a given roster period the company has not exercised the
option to reduce a pilot’s Rostered Days Off according to clause 42.7,
the provision of at least one weekend free of duty within that roster
period shall be made wherever possible. In the event that a weekend
free of duty is not rostered, the pilot shall be guaranteed:
at least two RDOs within that roster period to occur on
Saturday and/or Sunday; and
no single days off within that roster period; and
subject to any preference expressed by the pilot, at least one
weekend free of duty on the next roster period in which the
provision of clause 42.7 is not exercised by the company.
42.1.2 A Pilot may express to the Company in writing a preference in regard
to their roster pattern in respect of subclause 42.1.1. For example, a
Pilot may prefer to forgo the guarantee of at least one weekend free of
duty in any roster period in order to have no single days off within such
rosters. Alternatively, a Pilot may prefer the company to roster up to
two single days off, in order to achieve the rostering of a weekend off.
For the sake of clarity, these preferences apply only to roster periods
in which the provision of clause 42.7 is not exercised by the company.
42.2 When a Pilot has completed the maximum permissible flying or duty
hours prescribed in this Agreement the Employer will not require the
Pilot to perform any further duties whatsoever for the remainder of the
relevant period.
42.3 Where a Pilot is on a temporary assignment away from Home Base, or
temporary transfer which has been assigned without the consent of the
Pilot, the Pilot may elect to defer Designated Days Off (other than those
required by CAO48 or any approved FRMS as applicable) and in such an
event the Pilot will upon return to Home Base immediately be able to
take the deferred Designated Days Off.
42.4 Where, at the point of termination, a Pilot has accrued under this clause
an entitlement to a day or days off, the Pilot will receive payment in lieu
of such day or days at the normal rate of Salary.
46
42.5 A Pilot will not be rostered for a Tour of Duty terminating after 2200
hours on the day preceding a Designated Day or Days Off, and will not be
rostered to commence duty prior to 0600 hours on the day following the
day or days off. Wherever operationally expedient, a Pilot’s Tour of Duty
on the day preceding a Designated Day Off shall be rostered to terminate
no later than 1400 hours, and the Tour of Duty on the day following a
day off shall be rostered to commence no earlier than 1000 hours.
42.6 Where a Tour of Duty rostered to terminate before 2200 hours on the
day preceding a Designated Day Off, is extended by delays so that it
terminates after 2200 hours, the Pilot will be regarded as having worked
on a Designated Day Off, and will be provided with a substitute day off.
42.7 Reduction of Rostered Days Off
42.7.1 At the time of publication of a Pilot’s roster, at the sole discretion of the
Employer, the Pilot’s number of Rostered Days Off in that 28 day roster
period may be reduced to no less than eight.
42.7.2 Where such a reduction occurs, that Pilot will receive a payment equal
to 0.5% (half of one percent) of that Pilot’s annual salary (clause 67)
and additions to salary (clause 68) for each day by which their number
of Rostered Days Off has been reduced. Since the reduction occurs at
roster publication and is not subject to the agreement of the Pilot, such
a payment is to be considered as Ordinary Time Earnings.
42.8 A Pilot will not be required to commence work on a Designated Day Off,
provided that in the event of unforeseen circumstances the Employer
may request a Pilot to commence work on a Designated Day Off. If a Pilot
agrees to so work the Pilot may elect as follows:
A substitute Designated Day Off and an allowance of $134.12 in
addition to normal salary, Indexed to CPI. A date within the next 28
day roster period or other mutually agreed date will be agreed on
as the Pilot’s substitute Designated Day Off, or
A payment of $137.12 per duty hour (Captain) or $89.14 per duty
hour (First Officer), with a minimum payment of $600.00 (Captain)
or $400.00 (First Officer) per duty, indexed to CPI. The method of
calculating and administering such payment shall be agreed
between the RexPC and the Company.
42.8.1 Duty Periods offered in accordance with this clause shall be assigned
as a single Duty Period and will not be split into two or more Duty
Periods at a Pilot’s request. The Company shall make all endeavours to
ensure that Duty Periods allocated in accordance with this clause are
distributed on an equitable basis between those Pilots indicating that
they are available for such duty. The method of allocation of these Duty
Periods shall be determined by consultation between the Company and
the RexPC.
(a)
(b)
(a) (b]
47
42.8.2 In the event that a Pilot is no longer required to work on a Designated
Day Off after accepting a duty as above, the Company may notify the
Pilot:
more than 4 hours prior to Sign On Time, in which case
reasonable expenses incurred (e.g. child care, travel) since
accepting the duty will be reimbursed by the Company.
4 hours or less prior to Sign On Time, in which case the Pilot
must be paid their elected compensation for the duty as
accepted.
42.8.3 A Pilot who has failed a check or is SOC and who agrees to work on a
Designated Day Off in order to facilitate a further check or remedial
training shall receive a substitute Designated Day Off and an allowance
of $137.12, Indexed to CPI.
42.9 Out of Base Layover Limitations
42.9.1 A Pilot conducting duties in an aircraft:
Will not be required to perform more than 12 out-of-base layovers
in any 3 consecutive roster periods;
Will be entitled to a payment of $140.94 (indexed to CPI) for each
out-of-base layover performed in excess of 8 layovers in any 3
consecutive roster periods;
Will not be required to perform more than 4 consecutive out-of-
base layovers
The above provisions (a), (b) and (c) may be varied by mutual consent
between the Company and the Pilot.
42.9.2 Pilots receiving additions to salary under clause 68 will be subject to
the above limits, except where conducting training and/or checking
duties in an aircraft. Where this occurs, the above limits will be
increased as follows:
Pilots will not perform more than 14 out-of-base layovers in any 3
consecutive roster periods;
A payment of $140.94 (indexed to CPI) shall apply for each out-of-
base layover performed in excess of 10 in any 3 consecutive roster
periods; and
Pilots will not be required to perform more than 5 consecutive out-
of-base layovers. Where a Pilot performs 5 consecutive out-of-base
layovers in any roster period under this subclause, no other out-of-
base layover consisting of duties in an aircraft will be rostered for
the remainder of that roster period.
(a)
(b)
(c)
(a)
(b)
(c)
(a) (b] (c) @ E (c)
48
The above provisions (a), (b) and (c) may be varied by mutual consent
between the Company and the Training and/or Check Captain.
42.9.3 Where a tour of duty includes an out-of-base layover, except where
that layover is associated with simulator duties, all consecutive
layovers in that tour of duty will be considered out-of-base layovers.
42.9.4 A Pilot who performs more than 4 out-of-base layovers consisting of
duties in an aircraft in any one roster period shall be granted a Day In
Lieu (DIL) for each additional out-of-base layover. Where payment is
due under paragraphs 42.9.1(b) and 42.9.2(b), this will be in addition
to any DIL granted under this subclause. The provisions in this clause
may be varied by mutual consent between the Company and the Pilot.
Where a DIL is granted under this clause, the DIL may be rostered as
an additional RDO, or otherwise credited to the pilot for future use.
42.9.5 Exceptions
Out-of-base layovers that are performed under the following
circumstances are excluded from counting towards the limits of clauses
in 42.9:
where the pilot is undergoing checking and/or training due to being
SOC, or as required to become checked to line in a new equipment
assignment, or for First Officer or Command training; or
where the pilot’s tour of duty includes simulator training or
checking but does not include operating or check duties in an
aircraft that require additional out-of-base layover(s); or
where a pilot agrees to a casual day or an extension of duty which
results in additional out-of-base layovers; or
for a period of 180 days from the first day of flight operations from
a new Rex flight crew base for out-of-base layovers in the new base
network; or
for a period of 270 days from commencement of operations in a new
crew base which is crewed entirely by internal upgrades and
transfers in accordance with seniority, and where one or more of
those internal upgrades are pilots who do not meet the experience
requirements to hold a command prior to commencing upgrade
training, for out-of-base layovers in that new crew base network; or
for a period of up to 180 days upon introduction of a new aircraft
type to the Rex fleet and from a date chosen by the company; and
being no sooner than the commencement of training of existing Rex
pilots on that type, and no later than the commencement of
scheduled operations of that aircraft type at Rex, for out-of-base
layovers performed on the new aircraft type; or
(a)
(b)
(c)
(d)
(e)
(t)
(a) (b) (c) (d) (e) (f)
49
Out-of-base layovers in a base network that has a shortfall of at least
30% compared to Establishment of checked-to-line pilots of the
same classification as the pilot being rostered.
42.9.6 The Company will provide to the RexPC the formula for the calculation
of Establishment numbers that can be applied anytime to determine
the authenticity of the calculation for when clause 42.9.5(g) is required
to be utilized.
42.10 Reserve periods
42.10.1 A Pilot on reserve or standby duty will be immediately contactable
within any scheduled reserve Duty Period and will report for the
appointed duty not later than two hours after being contacted. The two
hour period will not apply if the duty has been pre-assigned. A Pilot
may be contacted for the purposes of pre-assigning duty when on
reserve, on duty, or, where the Pilot has given standing consent during
time off. Where a Pilot has not given standing consent, they may either
initiate or accept contact from the Employer’s crewing or operations
departments during time off without being required to accept pre-
assignment of duty. If however, a message is passed to the Pilot while
they are on duty that they are to contact crewing on arrival, this
constitutes contact while on duty for the purposes of this clause,
regardless of whether the Pilot returns the call before or after sign-off.
A duty that becomes assignable whilst the Pilot is unfit for duty may be
assigned to that Pilot when the Pilot calls crewing, notifying them that
the Pilot is again fit for duty.
42.10.2 The Employer will specify reserve duty period commencement and
finishing times. The duration of such reserve duty periods will not
exceed eleven hours. Provided the Pilot has been contactable
throughout their reserve period, a Pilot accepting a duty after a reserve
period has finished on that day shall be entitled to an allowance of
$219.14, Indexed to CPI.
42.10.3 Where overnight duty has been rostered, or allocated under
consecutive reserve days, and sick leave has occurred on a day other
than the final day of the overnight duty, a Pilot will be re-allocated a
reserve period beginning at 0400 hours or a duty commencing no
earlier than 6am and concluding by 2pm or original duty Sign Off Time,
whichever is the later, on the subsequent day (or days) of the original
overnight duty period. A Pilot called off reserve in accordance with this
clause shall sign off by 2pm or the original duty Sign Off Time if later.
42.10.4 A Pilot on reserve may be allocated to Simulator Reserve duty as per
clause 47.1.3. Simulator Reserve duty is identical to normal reserve
duty except that the 24 hours minimum notice period is not applicable
when allocating simulator support duties. A Pilot on reserve duty (but
not on Simulator Reserve duty) may still be allocated simulator
support duties.
(g)
(g)
50
42.10.5 Where a Pilot has been allocated a duty off a reserve period, and the
duty is subsequently cancelled, they may be placed back on the original
reserve period provided:
the Pilot is notified of the cancellation within 30 minutes of
receiving the initial phone call, but in all cases no less than two
hours prior to sign on for the originally allocated duty, and
the provisions of this clause have not already been invoked
during that reserve period.
Pilots should remain contactable by phone for the applicable period (30
minutes after the initial call but not within 2 hours of allocated sign on)
in case of cancellation.
42.10.6 A Pilot shall be rostered for no more than six full reserve periods in any
one roster period excluding training reserve, or reserves resulting
from the cancellation of courses, or from the cancellation of leave at the
request of the pilot. All additional reserve periods rostered will be
restricted reserve periods as set out in clause 42.10.8.
42.10.7 Any Pilot in an equipment assignment with an establishment of four or
less may be rostered more than six full reserve periods in any one
roster period. In any roster period in which that limit is exceeded, the
affected Pilot may only be assigned duties within those Base Networks
associated with crew bases in the same state as the Pilot’s Home Base,
on any reserve period, except by mutual consent.
42.10.8 A Pilot may be rostered for a Restricted Reserve period for up to six
hours, wherein the normal provisions for contact apply as per clause
42.10.1, but the Pilot may only be assigned a duty if, at the time the
duty is assigned to the pilot, it is scheduled to commence no earlier
than the start of the Restricted Reserve period (except by mutual
agreement), and conclude within 3 hours of the end of the Restricted
Reserve period. Such Restricted Reserve may appear on the pilot’s
roster as a 9 hour period. This consideration must include all delays
and disruptions known at the time the duty is assigned, and the duty
must be planned using standard sector and turnaround times.
42.11 A rostered Duty Period will not be immediately preceded by or
immediately followed by a period of reserve duty.
42.12 If a Pilot on assignment away from Home Base is not required for Duty
on any rostered duty day, such day will not be deemed to be a Designated
Day Off for the purposes of clause 42.3.
42.13 All applications for instruments of approval from CASA for exemption
from current Rex Group FRMS provisions are subject to approval by
Pilots who will be affected.
42.14 Crew rest breaks and crew meals
51
42.14.1 Except where a meal is provided in flight, no Pilot will be required to
be on duty for a period in excess of 5 hours and 30 minutes without a
30 minute break free of all duty for a meal. The turnaround time for
this break will be a minimum of 50 minutes at a capital city aerodrome
and 40 minutes at a country port. Meal breaks will be scheduled at a
port of call with adequate eating facilities.
42.14.2 Where a meal break is scheduled at a port without eating facilities, a 1
hour and 30 minute turnaround time for this break will apply. If the
Employer provides a meal to the agreed standard, a minimum 40
minute turnaround time for this break will apply.
42.14.3 During a meal break at a capital city aerodrome, where the turnaround
time has been scheduled for 50 minutes, each crew member will be
relieved of such post flight duties as to allow them to have 30 minute
break free of all duty for a meal. The Company recognises that a 50
minute turnaround with a change of aircraft or parking arrangements
at Sydney may not provide this 30 min duty free period and as such
shall make provision for crew meals when known in advance.
42.14.4 Where a crew meal is not provided in accordance with the above
clauses the Company will arrange for a meal to the agreed standard to
be available at a Pilot transit port within 5 hours and 30 minutes from
sign on or last break. A Pilot may extend this period to no longer than
7 hours and the meal/voucher must still be provided. The Company
shall ensure that meal vouchers are accepted and available at all
Company ports with eating facilities or make alternative arrangements
to ensure disrupted crew have a meal provided. Where the Company
fails to arrange for a meal in accordance with this clause the Pilot will
be paid an allowance of $25.50, Indexed to CPI.
42.15 Duty Periods will accord with the duty and flight time limitations as
follows:
Flight and Duty Time Limitations – Pilots
1 Limitations where the flight crew includes not more than two pilots for other than
aerial agricultural operations.
1.1 Each pilot of an aeroplane in which the flight crew includes not more than two
pilots engaged in other than aerial agricultural operations shall be subject to the
limitations specified in these orders.
1.2 A tour of duty or period of reserve time at home shall be preceded by a rest period
on the ground of at least:
(a) nine consecutive hours embracing the hours between 10.00 p.m. and 6.00
a.m. local time; or
(b) ten consecutive hours.
(1) Notwithstanding the provisions of paragraph 1.2 of this sub-section,
when an aircraft is scheduled to arrive at such a time that the pilots
would be free of duty not later than 10.00 p.m. local time and the
52
aircraft is delayed beyond that time, the nine hour rest period
prescribed may be commenced up to 11.00 p.m. local time, provided
the succeeding tour of duty does not exceed six hours.
1.3 An operator shall not roster a pilot for a tour of duty in excess of eleven (11)
hours.
1.4 An operator shall not roster a pilot to fly in excess of eight (8) hours flight time in
any one tour of duty.
1.5 A tour of duty already commenced in accordance with paragraph 1.3 of this sub-
section may be extended to twelve (12) hours.
1.6 The flight time in a tour of duty already commenced in accordance with
paragraph 1.4 of this sub-section may be extended to nine (9) hours.
1.7 Where extensions have been made in accordance with paragraph 1.5 of this sub-
section a pilot shall receive a rest period on the ground of not less than:
(a) nine (9) consecutive hours which shall include the hours between 10.00
p.m. and 6.00 a.m. local time, plus one additional hour for each fifteen
minutes or part thereof by which their tour of duty time exceeds eleven (11)
hours; or
(b) ten (10) consecutive hours plus one additional hour for each fifteen (15)
minutes or part thereof by which their tour of duty time exceeded eleven
(11) hours.
1.8 Where extensions have been made in accordance with paragraph 1.6 of this sub-
section a pilot shall receive a rest period on the ground of not less than:
(a) nine (9) consecutive hours which shall include the hours between 10 p.m.
and 6 a.m. local time, plus one additional hour for each fifteen minutes or
part thereof by which their flight time exceeded eight hours; or
(b) ten (10) consecutive hours plus one additional hour for each fifteen minutes
or part thereof by which their flight time exceeded eight hours.
1.9 Where a tour of duty already commenced in accordance with paragraphs 1.3 and
1.4 of this sub-section exceeds twelve hours or the flight time exceeds nine hours
the pilot shall have, at the completion of the tour of duty, a rest period of at least
24 consecutive hours.
1.10 Where a pilot has completed two consecutive tours of duty, the aggregate of
which exceeds eight hours flight time or eleven hours duty time, and the
intervening rest period is less than:
(a) twelve consecutive hours embracing the hours between 10 p.m. and 6 a.m.
local time; or
(b) 24 consecutive hours, if not embracing the hours between 10 p.m. and 6 a.m.
local time, they shall have a rest period on the ground of at least twelve
consecutive hours embracing the hours between 10 p.m. and 6 p.m. local
time or 24 consecutive hours, prior to commencing a further tour of duty.
1.11 Notwithstanding the provisions of paragraph 1.10 of this sub-section, when an
aircraft is scheduled to arrive at such a time that the pilot would be free of duty
not later than 10 p.m. local time and the aircraft is delayed beyond that time, the
twelve hour rest period prescribed in paragraph 1.10 may be commenced up to
11 p.m. provided that the succeeding tour of duty does not exceed six hours.
53
1.12 A pilot shall not commence a flight and an operator shall not roster them for a
flight unless during the seven days period terminating co-incident with the
termination of the flight they have been relieved from all duty associated with
their employment for at least one continuous period embracing the hours
between 10 p.m. and 6 a.m. on two consecutive nights.
1.13 An operator shall not roster a pilot to fly when completion of the flight will result
in the pilot exceeding 90 hours of duty of any nature associated with their
employment in each fortnight standing alone. For the purpose of this paragraph,
duties associated with a pilot’s employment include reserve time at the airport,
tour of duty, deadhead transportation, administrative duties and all forms of
ground training. The operator shall designate the day on which the first of the
fortnightly periods shall start.
1.14 A pilot shall not fly and an operator shall not roster them to fly as a flight crew
member in excess of 900 hours in 365 consecutive days.
1.15 A pilot shall not fly and an operator shall not roster them to fly in excess of 100
hours in 30 consecutive days.
1.16 A pilot shall not fly and an operator shall not roster them to fly inclusive of
deadheading on company aircraft in excess of 30 hours in 7 consecutive days.
42.16 Additionally for rostering purposes, the above minimum rest periods are
to be increased by two hours at Melbourne, Sydney and wherever
practicable, Adelaide and Perth (in consultation with the relevant
rostering representative), where it is the crew member’s Home Base.
42.17 Where duty and rest periods have been rostered in accordance with
clause 42.16, and operational delays occur which result in the extension
of a duty period, the resulting minimum rest period required under
clause 42.15 may either be:
increased by one hour in Melbourne and Sydney where it is the crew
member’s Home Base; or
used without increase, at the Company’s sole discretion, if the Pilot
is provided with approved accommodation as per clause 61.
For the purposes of simulator duty the minimum rest periods as per this
clause will apply except that when assigned preparatory work, such as
flight plans, manual load sheets etc, is required to be carried out during
a Pilot’s rest period for a second simulator session, the rest period shall
be as per this clause plus one hour.
43 SECTOR LIMITATIONS
A Pilot will not operate more than nine sectors in any Duty Period except
where the rest period prior to the commencement of the succeeding
Duty Period is less than 11 hours, at other than Home Base then the Pilot
will not operate more than six sectors in that Duty Period. All Deadhead
Travel will count as sectors flown for the purpose of this clause.
(a)
(b)
(a) [b]
54
44 FATIGUE RISK MANAGEMENT SYSTEM
44.1 The Company has introduced a Fatigue Risk Management System
(FRMS) under the provisions of CAO 48.1 2019 Instrument.
44.2 At the Company’s discretion it may terminate the FRMS and revert to the
applicable prescriptive requirements of CAO 48.1 2019 Instrument
during the life of the agreement.
44.3 The following shall apply to any FRMS introduced by the Employer:
The FRMS must be approved by CASA.
An FRMS is based upon scientific principles, knowledge and
operational experience with the aim of ensuring that pilots are
performing at an adequate level of alertness.
A committee / group, including pilot representatives, must be
established to identify operational hazards. The governance
practices and membership requirements of such a group are to be
stipulated in the Rex Group Fatigue Risk Management System
Manual.
The effectiveness of an FRMS relies in part on the availability and
provision of relevant fatigue data. This data shall be used
confidentially (as applicable) and in accordance with the provisions
of the FRMS approval granted by CASA.
Changes to the FRMS are in accordance with the FRMS change
provisions and / or the SMS Change Management requirements,
whichever is applicable for the change. Where required such
changes are to be approved by CASA.
FRMS changes must be promulgated in writing by the Company to
Pilots.
44.4 To facilitate the operation of the FRMS, the parties agree to engage in
ongoing discussions and negotiation around the following matters:
Any additional flexibilities sought by the company;
Compensation (financial or otherwise) for such flexibilities; and
Any more beneficial provisions or protections beyond the
minimums provided for in the FRMS.
44.5 Flight and duty time limitations, as incorporated in clause 42.15 above,
along with the additional provisions of that clause, shall be considered
the basis for work rules under which the FRMS will operate. These work
rules will be the benchmark for deciding any compensation applicable to
additional flexibilities.
(a)
(b)
(c)
(d)
(e)
(t)
(a)
(b)
(c)
(a) [b] (c) (d) (e) (1) (a) (b) [c]
55
44.6 Except where stated otherwise, the flexibility provisions in clause 44.7
shall only apply during the period of operation of any approved FRMS or
under the prescriptive requirements of CAO 48.1 2019 Instrument.
44.7 Agreed Flexibilities
Flexibility enabled by this clause refers only to the provisions of clause
42.15.
44.7.1 Split Duty
The Company will restrict the allocation of Split Duties to no more
than 1 rostered split duty and 1 split duty off reserve per roster
period for Adelaide, Melbourne and Sydney based pilots only,
except by mutual consent (including standing consent/roster
requests). All other crew bases operate without these restrictions.
Consideration will be given to individual crew preferences, as
expressed through roster requests, in the allocation of split duties.
For each allocated split duty, the Pilot shall be granted a day in lieu
(DIL).
Where a split duty is rostered, the DIL may be rostered as an
additional RDO within that roster period, or otherwise credited to
the Pilot for future use.
Where a split duty is allocated off reserve the DIL will be credited to
the Pilot for future use.
A pilot accepting a split duty on an RDO or annual leave will receive
normal casual day compensation.
This flexibility provision may also be available under alternate flight and duty
time regulations, in the absence of an FRMS trial or approved FRMS.
44.7.2 Total Hour Limits:
Total flight time limitations as set out in paragraphs 1.13, 1.15 and
1.16 of clause 42.15 shall continue to apply. A Pilot may exceed the
limit of 900 flight hours in 365 days (paragraph 1.14 of clause
42.15) by mutual consent.
Where a Pilot exceeds the limit of 900 flight hours in 365 days, they
shall be paid 1/900th of their base annual salary for each hour by
which they exceed that limit. Payments for these hours may be
administered annually at the discretion of the company. Any hours
so paid shall not count again towards the calculation of this limit.
The Company and the RexPC shall agree on a suitable method of
tracking this limit.
44.7.3 Reduction of rest period:
(a)
(b)
(c)
(d)
(e)
(a)
(b)
(c)
(a) (b) (c) (d) (e) (a) (q) (c)
56
The rest period required under clause 42.15, shall apply without
reduction in a Pilot’s home base, except by mutual consent. Where
a pilot consents to a reduction of rest period at home base, they will
receive an extension payment of the amount by which their rest
period has been reduced compared with the requirements of clause
42.15.
Reductions of rest period at other than a pilot’s home base may be
rostered or accepted on a day of operations basis. For each such
instance, the Pilot will receive a duty change payment as per clause
45.2.5.
Where clause 42.15 requires a rest period of 24 hours or more, but
the FRMS permits a shorter rest period, the rest period may be
reduced at other than the pilot’s home base provided the pilot’s
subsequent duty is only to operate their allocated sectors until first
arrival at the intended point of sign off. Where the pilot completes
more than 3 sectors or 5 hours prior to their arrival at the intended
point of sign off, the pilot will be granted a rest period of 24 hours.
Where a pilot is entitled to a rest period of 24 hours in accordance
with clause 44.7.3(c) but the intended point of sign off is not their
home base, the pilot may elect to:
i. take the 24 hour rest period at the intended point of sign off,
or
ii. defer the 24 hour rest period until arrival at their home
base, or
iii. be granted a DIL, and continue to operate the duty.
By mutual consent crew may surpass the duty period limits of
clause 42.15 in accordance with the FRMS provisions for
positioning. Where this occurs, the rest requirements will be in
accordance with the FRMS.
44.7.4 Extended Duty Period:
A flight duty period longer than permitted under clause 42.15
(either rostered or extended to exceed the applicable limit[s]) shall
be subject to an extension payment as per clause 45.2.5, based on
the difference between the actual duty period and that permitted
under clause 42.15. Such payment shall not apply in the case of a
Split Duty allocated under clause 44.7.1.
The rostered duty limits of paragraphs 1.3 and 1.4 of clause 42.15
shall continue to apply, except by mutual consent or in the case of a
Split Duty allocated under clause 44.7.1.
44.8 Additional Flexibilities
(a)
(b)
(c)
(d)
(e)
(a)
(b)
(a) (b) [c] (d) (e) (a) (b]
57
Any additional flexibility not specified above, that is not required to
achieve compliance with the FRMS, is to be negotiated and agreed
with the RexPC prior to rostering or allocating any duty requiring
such flexibility.
If agreement cannot be reached, parties may seek to have the matter
conciliated or arbitrated according to the process in clause 35 of this
Agreement. Where this occurs, the company may not roster or
allocate such a duty until the dispute is resolved.
Any additional flexibility established by such negotiated agreement,
conciliation or arbitration shall apply to all Pilots for the life of this
Agreement.
Where compliance with the FRMS requires flexibility not covered
above, and not yet agreed with the RexPC, the company must
immediately notify the RexPC and the AFAP of the details. Priority
will be given to reaching a negotiated agreement, however where
this does not occur, parties may seek to have the matter conciliated
or arbitrated according to the process in clause 35 of this
Agreement. The Company may roster or allocate such duties as it
sees fit, however any ensuing agreed compensation package will
apply on a retrospective basis to all affected duties.
The RexPC and the AFAP are authorised to negotiate on behalf of
the Pilots in resolving any dispute arising under this clause, unless
a Pilot invokes clause 35 of this Agreement due to an individual
dispute.
44.9 Notwithstanding clause 44.8, pilots may enter into individual flexibility
arrangements as per clause 71 of this Agreement.
45 RE-ALLOCATION OF ROSTERED DUTY AND COMPLETION OF DUTY
45.1 Intent
45.1.1 The intent of this clause is to establish procedures and practices
concerning duty changes from rostered duty, re-allocation and
completion of duty. These procedures are to be used to overcome
short-term operational problems as they arise, cognisant of roster
stability.
45.2 Duty Change
45.2.1 A Pilot’s duty period may be changed from the Pilot’s rostered duty
period before or after sign on without the Pilot’s consent for any of the
following reasons:
To complete a Pilot’s rostered flight due to weather or mechanical
breakdown of that Pilot’s rostered service.
(a)
(b)
(c)
(d)
(e)
(a)
(a) (b) (c) (d) (e) (a)
58
To allow a Pilot who has failed a check or is SOC due to
postponement of a check to be reallocated duty as required by the
Employer to facilitate a further check or remedial training.
Where a duty change is notified to a Pilot at least 14 days prior to
the day to which the duty change relates.
Where a duty period change will extend a Pilot’s actual Sign Off
Time by not more than 60 minutes. The reallocated duty must be
calculated on standard flight and turn-around times including
allowance for refuelling, aircraft swaps and standard Sign Off Time.
Mutual consent must be obtained prior to allocating any duty that is
planned to extend an actual rostered Sign Off Time by more than 60
minutes.
Where a Pilot is rostered to deadhead on Company service at the
conclusion of a duty period, the Pilot’s Sign Off Time may be
extended by 15 minutes in order to operate that service.
A Pilot whose duty is changed under the provisions of (b) and (c) shall
be deemed to be re-allocatable to a newly rostered duty or reserve
period.
A Pilot’s new duty period may not commence prior to original rostered
Sign On Time except in the case of (b) or (c) above, or if allocated a
reserve period (which may commence two hours earlier than the
original Sign On Time), or by agreement.
45.2.2 Where a Tour of Duty is not more than two days in duration and is
rostered to include a Layover at Albury, Dubbo or Wagga Wagga, or at
any port other than a pilot base, the duty may be varied without mutual
consent provided that:
the Sign On time at the commencement of the tour of duty is no
earlier than originally rostered (except as otherwise permitted by
this clause),
the Sign Off time at the conclusion of the tour of duty is no later than
originally rostered (except as otherwise permitted by this clause),
and
the resulting duties, incorporating any proposed changes, delays
and disruptions known at the time of assigning the new duty to the
Pilot, would have been permitted to be rostered to the Pilot
according to all relevant clauses of this Agreement.
Where the Pilot has notified the Company that they would provide
their own accommodation on the originally rostered layover, and the
location or timing of their layover is changed under the provisions of
this subclause, such that the Pilot cannot access their own
accommodation, the pilot will be provided with Appropriate
(b)
(c)
(d)
(e)
(a)
(b)
(c)
[b] (c) (d) (e) (a) (b) (c)
59
Accommodation as otherwise required under this Agreement, and will
also receive payment according to clause 61.5.
45.2.3 A Pilot’s duty within a Duty Period may be changed before or after
signing on for duty.
45.2.4 Agreement must be obtained from the Pilot prior to the Pilot being
assigned a duty, which at the time it is specified, is known to be outside
the provisions of clause 45.2.1. A Pilot may refuse a request to an
assignment outside the scope of clause 45.2.1, but must complete the
requested duty once accepted.
45.2.5 A Pilot whose duty period is extended either before sign on, during or
after sign off, in accordance with clause 45.2.1 or 45.2.2 or by mutual
consent shall receive a payment of $102.86 (Captain)/$68.57 (First
Officer) per hour, Indexed to CPI, for the time a Duty Period is extended
with a minimum payment of one hour. For the sake of clarity, this
minimum payment also applies to a changed Duty Period which is no
longer than the original Duty Period, but where the new Duty Period is
not encompassed by the original Sign On and Sign Off Times.
In the case of a Pilot who has accepted a Tour of Duty in accordance
with clause 42.8 or 48.8 the payment shall be at the rate specified in
clause 42.8 with a one hour minimum.
A Pilot whose Duty Period is extended or changed in accordance with
clause 45.2.1 (b), (c), or (e) is not entitled to this duty extension
payment. A Pilot whose Duty Period is extended in accordance with
clause 45.2.1 (a) is not entitled to this duty extension payment unless
the extension is caused by aircraft or crew substitution for operational
reasons not associated with the Pilot’s rostered duty and the substitute
aircraft or crew is not available prior to scheduled departure time of
that Pilot’s rostered flight.
The method of calculating and administering such payments shall be
agreed between the RexPC and the Company.
45.2.6 A Pilot whose rostered service(s)/duty has been cancelled may be
assigned a different duty, or placed on re-assignable reserve from
original Sign On Time to original Sign Off Time. However, at the time of
allocation, a Pilot may be placed on re-assignable reserve commencing
two hours prior to the original Sign On Time (provided all rest period
requirements are met).
Any duty allocated in accordance with this clause (including pre-
assigned duties) may commence no earlier than the original Sign On
Time, and must conclude no more than 60 minutes after the originally
rostered Sign Off Time in accordance with clause 45.2.1 (d), except by
mutual consent.
60
Where an overnight duty has been cancelled, the Pilot may be allocated
or assigned another overnight duty provided the Sign On and Sign Off
times are encompassed within the original Tour of Duty.
45.3 Change of Duty within a Tour of Duty
A Pilot’s duty within a Tour of Duty may be changed without mutual consent
provided the Sign On and Sign Off Times are not extended.
45.4 Completion of duty
A Pilot who has signed on for a Tour of Duty may be required, as a result of
operational delays, to extend that Tour of Duty to complete the Pilot’s roster
or re-allocated duty.
45.5 Use and call out of re-allocatable or reserve Pilots
45.5.1 A re-allocatable or reserve Pilot will be called in for duty in preference
to extending the duty of a Pilot who has already commenced a Tour of
Duty, providing that the calling in of a re-assignable or reserve Pilot
will not cause a delay or further delay or disrupt any of the Employer’s
services.
45.5.2 A Pilot who is called in will be regarded as having a rostered duty
period upon being notified of the nominated duties.
45.6 Interrelationship
This clause is subject to other provisions in this Agreement, and will not
affect the Pilot’s subsequent rostered duty periods, except as provided
for in the Civil Aviation Orders.
46 REST FACILITIES
Where in any tour of duty there is a rostered break of four hours or more
between successive flights, adequate rest facilities that allow a Pilot to
rest horizontally, at appropriate accommodation, will be provided if
requested by the Pilot.
Where delays or cancellations result in a foreseeable four hour break the
provisions above shall apply.
Where, for reasons outside the pilot’s control, the break between flights
exceeds 4 hours and the appropriate rest facilities are not provided a
pilot shall be entitled to a payment of Hard Lying Allowance at the same
rate specified in clause 61.4. This payment is not intended to absolve the
obligation of the Company to provide appropriate accommodation.
61
47 SIMULATOR
47.1 A Pilot will be given as much notice as possible of a session in the flight
simulator, subject to the following:
47.1.1 If the session is for the Pilot’s own check then the minimum notice will
be seven days. Where a Pilot’s sim session is deferred to a later date all
efforts will be made to provide a minimum 24 hours notice.
47.1.2 After a new sim date is assigned, mutual consent is required to bring
forward a sim session within 14 days. Where a Pilot is SOC due to an
unsuccessful, incomplete check or sim expiry, this notice period will
not apply when the Pilot is rostered on training reserve and the Pilot
had received the initial 7 days notice.
47.1.3 If the person is to act only in the capacity of support pilot, then every
endeavour will be made to provide seven days notice and minimum
notice will be 24 hours excepting where a Pilot has been rostered on
simulator reserve, where notice will be 2 hours. A Pilot may only be
rostered a simulator reserve duty, or duties, within one continuous 14
day period in any two consecutive roster periods.
47.1.4 Should a Pilot be unable to attend a simulator session, then a Pilot on
“Sim Reserve” or normal “Reserve” may be used. Preference will be for
a Pilot who has either been rostered for a check within the next 7 days
or, has just completed a check within the preceding 14 days.
47.1.5 The performance of a support pilot not under check in clause 47.1.3
and 47.1.4 above will not be assessed. Notwithstanding the above, it is
incumbent on the Check Captain to exercise their duties according to
their delegation from CASA and unacceptable deficiencies will result in
the support pilot being made SOC.
47.1.6 The period of notice specified in clauses 47.1.1 and 47.1.3 may be
reduced only with the Pilot’s approval or, where cancellation of a
properly scheduled check or training session has been followed by a
re-scheduling for a later date advised to the Pilot.
47.2 Every endeavour will be made to conduct simulator training sessions
between 0500 and 2300 local time. Simulator check sessions will only be
conducted between 0500 and 2300 local time, except by mutual consent.
A Pilot shall be rostered a minimum 12 hour rest period prior to their
first simulator session. Wherever possible a Pilot shall be rostered an
RDO or a duty of no more than six hours immediately preceding a
simulator duty (other than as support pilot). This can be varied by
agreement.
62
47.2.1 The above requirements for simulator scheduling will apply according
to the Pilot’s Acclimatisation as set out in the Rex Group FRMS manual.
If the Pilot is in an unknown state of acclimatisation, the above
requirements shall apply in both the Pilot’s previously acclimatised
time zone and the local time zone in which the simulator check takes
place unless varied by mutual consent.
47.3 The following additional conditions will apply:
47.3.1 Syllabi for training sessions will be promulgated such that the Pilots
will be able to prepare for specific simulator sessions and that support
pilots called from “Reserve” are aware of specific simulator details.
47.3.2 Each Flight station of the simulator will be occupied during a simulator
session.
47.3.3 A simulator duty period will be regarded as duty and the limitations of
this Agreement will apply thereto, except that:
47.3.3.1 No other duties, with the exception of those listed herein will be
undertaken in the same duty period as any simulator check duty,
including support for a check duty.
47.3.4 A Pilot will not be rostered or assigned more than four hours of
simulator training and/or checking in any one Duty Period, except that:
A Pilot operating in a support role may be rostered or assigned
up to five hours of simulator training and/or checking in any
one Duty Period, provided that Duty Period does not exceed
seven hours and includes a break of no less than 30 minutes.
An Instructor or Examiner may be rostered up to five hours of
simulator training and/or checking in any one duty period, on
a maximum of one occasion per roster period, except by mutual
consent.
47.3.5 A break of 20 minutes will be allowed at the completion of
approximately 1 hour and 50 minutes in the simulator, when such a
break is to be followed by further simulator duty, unless the session is
a line orientated exercise (LOE) session. The break may be reduced by
agreement between the Check Captain and both Pilots under check.
47.3.6 The provisions of clauses 42.5 and 42.6 will be respected when
rostering a Pilot for simulator checks.
47.3.7 A Pilot who fails any simulator check (not involving initial
endorsement) will be offered remedial training, followed by a further
check in accordance with clause 23.12.
47.3.8 During the initial introduction of the simulator, some training input
may be required by the instructor to assist a Pilot to adapt to the
simulator. This input will be at the discretion of the instructor.
63
47.3.9 No instructing or examining Pilot will occupy a flight station in the
simulator except:
for ab initio endorsement training;
whilst that Pilot is under check;
by agreement of Pilot under check;
for the purpose of constructing and testing flight sequences;
upgrade training; or
as required by the Training and Checking Manual.
47.3.10 Where duty travel is required after the completion of a simulator
session, due regard will be given to expediting such travel on the first
available aircraft.
47.3.11 Where a Pilot in the course of their employment is required by the
Employer to undertake any local travel by means of using taxicab or
public transport, they may elect to pay their fares en route, and in such
cases, the Employer will reimburse the Pilot for all reasonable
expenses incurred by them in such travel.
47.3.12 All travel arrangements, including accommodation, will be made by the
Employer prior to the departure of the Pilot from their Home Base and
all such arrangements will be known to the Pilot prior to such
departure.
47.3.13 A line pilot will not participate in a simulator check (including as
support pilot) in a flight station other than that which they normally
occupy. For all other support duties the flight station may be assigned
by the Manager Training and Checking or Chief Pilot.
47.3.14 All Pilots attending simulator training will be paid DTA in accordance
with clause 62 of this Agreement.
48 ANNUAL LEAVE
48.1 A Pilot will be entitled to 30 individual work days (six weeks) annual
leave (including public holidays) on full salary for each completed year
of service.
48.2 A period of leave will commence on a Monday unless otherwise mutually
agreed. A leave week will consist of 5 days from Monday to Friday,
followed by 2 non-work days / RDO’s on Saturday and Sunday. A Pilot
has a right to take 2 RDO’s immediately before or after, or one day
immediately before and one day immediately after, any period of annual
leave that consists of at least one leave week.
64
Leave is to be taken in periods of one week blocks save that single day
absences or shorter periods of leave may be permitted by mutual
agreement.
48.3 To assist both the Pilots and the Employer in planning annual leave, the
following procedure shall apply for the allocation of annual leave unless
otherwise agreed with the RexPC:
48.3.1 On or around the 1st March each year the Employer will give written
notice to all Pilots of an intention to compile an Annual Leave Roster
that will commence immediately after the conclusion date of the
current Annual Leave Roster (approximately each July 1st). This notice
will include company advice on how many leave weeks each individual
pilot will be eligible to bid for.
48.4 Bidding for leave
Pilots must bid for leave in accordance with the following process:
Pilots will be allowed 28 days to make leave applications in writing.
Pilots are expected to bid for all leave, including Long Service Leave
and any days in lieu (according to clause 40.12.2), desired during
the proposed leave roster period.
Pilots will be required to bid for leave weeks within the primary
(first 52) weeks of the Leave Roster as advised in the Admin Notice.
Leave weeks bid within the “buffer period” (see below) are
additional to those required by the Admin notice and are deducted
from the following year’s leave accruals.
Pilots who have a projected leave balance of more than 5 weeks may
carry over up to 5 working days leave, available to be used on an ad-
hoc basis during the year. If such leave is not used during that year,
the Pilot will carry those accruals into the following year. Except by
mutual agreement a pilot may not carry over more than 5 working
days for use during the leave roster.
The leave roster will normally encompass 52 weeks with an
additional 4 week “buffer” period. The buffer period is designed to
allow a pilot to plan a period of leave which extends into the
following Leave Roster. A pilot may only bid for weeks in the buffer
period as part of a contiguous leave period bid to commence within
the first 52 weeks. (e.g. a pilot may not bid for week 55 without also
bidding for weeks 52-54). A leave week is Monday to Sunday
inclusive and comprises of 5 leave (working) days and 2 leave
(RDO) days.
If a Pilot does not apply for leave according to this clause, the Employer
may allocate period(s) of annual leave to that Pilot.
(a)
(b)
(c)
(ct)
(e)
(a) [b] (c) (d) (e)
65
48.5 Allocation of leave
48.5.1 Leave applications received by the due date shall be considered for
leave periods in an equitable fashion, currently a weighted rotational
seniority system. In allocating annual leave, considerations shall
include: seniority, previous leave allocations (for the prior two years),
the number of peak weeks requested, size of requested blocks, number
of requested blocks, personal priority in blocks, specific personal
requests, partner leave etc.
48.5.2 Each Pilot’s preferences for their first five weeks bid shall be
considered first, followed by their remaining preferences. Any bids for
excess accruals will normally be allocated after all Pilots have had their
first five weeks allocated.
48.5.3 The Employer will consider all received leave applications and will
promulgate a Draft Leave Roster by way of an Administration Memo.
The Draft Leave Roster, once published, will not normally be altered
except for changes to establishment, errors or omissions, pilot swap
requests and variations that would not adversely affect another Pilots’
preferred leave. Pilots will be allowed the following 14 days to apply
for variation of their designated leave periods, after which the
company will promulgate the Final Leave Roster.
48.5.4 Unless agreed otherwise with the RexPC, the Final Leave Roster will
normally be published in May, at least 3 weeks prior to the publish date
for duty rosters that encompass the commencement of the Final Leave
Roster.
48.5.5 After the publication of the Final Leave Roster, individual requests for
variations to designated leave periods, including those within the
buffer, are subject to approval by the Employer. In the case of a Pilot’s
change of equipment assignment, where available, leave will be
granted in the same periods allocated to that Pilot in the Final Leave
Roster under their previous equipment assignment. Where leave is not
available in the same period(s), amended leave period(s) will be
agreed between the Employer and the Pilot subject to availability.
48.5.6 Pilots employed after the closing date for leave bids will be allocated
leave within the available slots in the leave roster on an equitable basis.
This may result in leave allocation during training. The Company
recognises that during annual leave a Pilot is not required to study and
will ensure adequate study days are rostered at the conclusion of such
leave.
48.6 Leave loading
48.6.1 Pilots will receive an annual leave loading of 17.5% of salary.
48.6.2 The annual leave loading will be paid for each day the Pilot takes
annual leave.
66
48.7 Payment on termination of employment
On termination of employment a Pilot will be paid fully in lieu of annual
leave:
For all untaken annual leave entitlements that have fallen due in
relation to any completed years of service in accordance with clause
48.1, and the loading specified in clause 48.6.1 for each completed
year of service; and
For the balance of the employment period, or for the whole period
where it has been less than one completed year, at the rate of 1/365
of the entitlement in clause 48.1 for each completed day of
employment in respect of which annual leave has not been granted.
This entitlement will not be offset against any monies which may be owing
by the Pilot to the Employer, except in relation to a failure to fulfil an
obligation under clause 10.6.
48.8 Recall from annual leave
The Employer will not be entitled to recall a Pilot from annual leave or an
RDO within an annual leave period except by agreement between the
Employer and the Pilot. Where a Pilot is so recalled the Pilot will be granted
two days in lieu in place of each such day and may elect to add such additional
entitlements to the balance of the interrupted annual leave period.
Alternatively, the Pilot may elect to forgo the two days in lieu and either:
be granted one day in lieu plus one day’s pay (7.6 hours) at the
Pilot’s normal pay rate plus superannuation; or
be paid in accordance with clause 42.8.
48.9 Personal leave during annual leave
Where a Pilot becomes ill or injured during annual leave, the duration of such
illness or injury will be counted as personal leave to the extent that the Pilot
has personal leave accrued, provided that the Pilot:
advises the Employer as soon as practicable after the
commencement of the illness/injury,
produces evidence of the illness to the Employer within fourteen
days of return to duty, and
such evidence is in the form of a medical certificate from a duly
qualified medical practitioner.
Every consideration will be given to granting the equivalent substitute
annual leave in the manner requested by the Pilot within available leave
slots.
(a)
(b)
(a)
(b)
(a)
(b)
(c)
(a) (b] (a) (b) (a) [b] (c)
67
48.10 Checks following annual leave
Where possible, no line or simulator check is to be rostered within 7 days
of a Pilot returning from annual leave, except when the Pilot will be
unable to perform their normal duties prior to the completion of that
check.
48.11 Deferral of leave due to parental leave
Where a pilot has been allocated annual leave and subsequently applies
for parental leave, the pilot may choose to cancel their annual leave
allocation and defer the taking of annual leave to a later time in
accordance with clause 53.8.1. Such deferred annual leave shall be paid
at the same rate as would have applied during the originally allocated
leave period(s).
48.12 Cashing out of leave
Subject to the approval of the Company, a Pilot may cash out part of their
accrued annual leave balance. All requests for cash out of annual leave
must be made in writing and is subject to a separate agreement under
this clause.
The agreement under this clause must:
Specify the amount of leave to be cashed out and the payment to be
made to the employee
State the date on which the payment is to be made
Be signed by the Employer and Employee and, if the Employee is
under 18 years of age, by the Employee’s parent or guardian
Ensure the payment is not less than the amount that would be been
payable had the Employee taken the leave at the time the payment
is made
Not result in the Pilot cashing out more than two weeks of leave in
any 12 month period
Not deplete the Pilot’s remaining accrued annual leave balance to
be less than four weeks; and
Be kept as an employee record.
48.13 The Company may offer an incentive for Pilots to cash out annual leave,
in the form of a multiplier to be applied to the above payment. Such an
incentive is to be promulgated by a Crew Notice, and is to be available to
all pilots applying to cash out annual leave during the validity period of
that Notice.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(a) (b) (c) (d) (e) (f) (g)
68
49 COMMUNITY SERVICE LEAVE
49.1 Community Service Leave is as per the NES.
49.2 Eligible Community Service includes: Jury Service and Voluntary
Emergency Management activity.
49.3 Community Service Leave is unpaid with the exception of Jury Service.
49.4 Pilots undertaking Voluntary Emergency Management activities must
give notice to their Employer as soon as reasonably practicable and
advise of the expected duration of the absence. Pilots may be required to
show evidence that they will be engaging in the eligible community
service activity.
49.5 A Pilot who is required to attend for jury service during normal duty time
will be reimbursed an amount equal to the difference between the
amount paid in respect to the attendance for such jury service and the
amount of salary normally received.
49.6 A Pilot will notify the Employer as soon as possible of the date the Pilot
is required to attend for jury service.
49.7 A Pilot will furnish proof of attendance for jury service, the duration of
such attendance and the total remuneration received within fourteen
(14) days following a return to work from jury service.
50 LONG SERVICE LEAVE
50.1 Long service leave will be granted and taken in accordance with the State
or Territory legislation in force from time to time in the State or
Territory in which the Pilot is based.
50.2 The Employer will make available to each Pilot a copy of the procedures
and rules governing application for, taking of and payment for long
service leave.
50.3 Where permitted by applicable leglislation a Pilot may elect to take their
long service leave at half pay for a nominated period. For each day taken
as such payroll will deduct from accrued leave one half day.
50.4 A Pilot may request to defer such leave by providing notification to the
Company of major plans for which an extended period of leave is
required, and nominating the period in which they wish to take Long
Service Leave.
50.4.1 Where permitted by applicable legislation, such deferrals are to be
considered by management on a case-by-case basis, to ensure that
there is no conflict with deferred leave already approved. It is at the
discretion of the company to review and/or approve a deferral request
of more than 2 years.
69
50.4.2 If a deferral is approved, Long Service Leave will be assigned to the
period notified by the Pilot, and thereafter may only be varied by
agreement between the Pilot and the Company.
51 PERSONAL LEAVE
51.1 Amount of personal leave
51.1.1 Paid personal leave is available to a Pilot when the Pilot is absent due
to:
Personal illness or injury (sick leave); or
For the purposes of providing care or support to an immediate
family or household member that is sick and requires the
Pilot’s care and support (carer’s leave).
51.1.2 The amount of paid personal leave to which a Pilot is entitled depends
on how long they have worked for the Employer and accrues as
follows:
On date of appointment 5 working days
On completion of six months 5 working days
On completion of twelve months 10 working days
On completion of each additional twelve
months 15 working days
51.1.3 Part time Pilots accrue paid personal leave on a pro rata basis.
51.2 Paid Personal leave accumulates from year to year. Any part of the paid
personal leave entitlements not claimed in any given year may, subject
to the conditions of this clause, be claimed by the Pilot in any subsequent
year of employment.
51.3 Sick leave
51.3.1 A Pilot who is suffering from a personal illness or injury will at any time
be entitled, without deduction of salary, to be absent from work on
paid personal leave to the extent of their accrued personal leave credits
which will accumulate as provided for in clause 51.1.2.
51.3.2 A Pilot who has commenced a period of duty and is subsequently
unable to complete such duty due to illness will incur a loss of one half
of one day’s paid personal leave entitlement.
70
51.3.3 In addition to the entitlements under clause 51.1.2, a Pilot will be
granted up to six days without deduction of salary each year for
sickness associated with URTI. Such leave entitlements will be non-
cumulative and notifications of such absences may be required to be
supported by the production of specific medical certificates. The
requirement for a Pilot to produce a medical certificate must be
determined on a case by case basis and notified to the Pilot prior to any
further incidence of URTI suffered by the Pilot.
51.3.4 There is no entitlement to paid personal leave for any period the Pilot
is receiving workers compensation payments.
51.3.5 The Pilot will, as soon as reasonably practicable, inform the Employer
of their inability to attend for duty and state the nature of the injury or
illness and the estimated duration of the absence.
51.3.6 A Pilot who has exhausted their entitlement to paid personal leave as
prescribed in clause 51.1.2, but who would otherwise qualify for
further paid sick leave, may be granted additional leave on half pay for
not more than 90 working days in any year of service.
51.3.7 Subject to clauses 51.3.3 and 51.3.8, a certificate from a duly qualified
medical practitioner must accompany any application for paid
personal leave.
51.3.8 A Pilot will not be required to provide a medical certificate to support
application(s) for paid personal leave on four separate days in any one
calendar year.
51.3.9 Irrespective of the requirement to produce a medical certificate a Pilot
taking personal leave on the grounds of illness will fill out a Company
leave application form for every period of leave. The Pilot is to submit
this form within four working days of their return to work.
51.3.10 Notwithstanding clause 51.3.8, a pilot may be required to supply a
medical certificate where the pilot’s absence due illness is on the first
day of an out-of-base tour of duty. The requirement for a pilot to
produce a medical certificate must be determined on a case-by-case
basis and notified to the pilot prior to the next similar leave occurrence.
51.3.11 A Pilot who is on personal leave for an illness or injury in respect of
which they have consulted a medical practitioner will remain on such
leave, until such time as they are deemed to be medically fit in
accordance with the relevant CARs and/or CASRs to resume flying.
51.4 Carer’s leave
71
51.4.1 A Pilot is entitled to use personal leave to care for members of the
Pilot’s immediate family or household who are sick or injured or
affected by an unexpected emergency and require care and support.
This entitlement is subject to the Pilot being responsible for the care
and/or support of the person concerned. In normal circumstances a
Pilot is not entitled to take carer’s leave where another person has
taken leave to care for the same person.
51.4.2 Notice required
The Pilot must, as soon as reasonably practicable, inform the
Employer of their inability to attend for duty.
The notice must include:
the name of the person requiring care and/or support and
their relationship to the Pilot;
the reasons for taking such leave; and
the estimated length of absence.
If it is not reasonably practicable for the Pilot to give prior notice of
absence, the Pilot must notify the Employer by telephone at the first
opportunity.
Evidence supporting the claim
The Pilot must, if required by the Employer, establish by production of a
medical certificate or statutory declaration that they require(d) the leave in
order to provide care and/or support for a family or household member.
A Pilot may be required to supply a medical certificate to support
carer’s leave where the leave is associated with the first day of an
out-of-base tour of duty. The requirement for a Pilot to produce
medical certificate must be determined on a case-by-case basis and
notified to the Pilot prior to the next similar leave occurrence.
Unpaid leave
A Pilot may take unpaid carer’s leave by agreement with the Employer.
Pilots are entitled to unpaid carer’s leave in accordance with the Fair
Work Act 2009.
52 COMPASSIONATE LEAVE
52.1 A Pilot will be entitled to paid Compassionate Leave under the following
circumstances, on each occasion and on production of satisfactory
evidence when an immediate family member, or a member of the Pilot’s
household:
(a)
(b)
(c)
(d)
(e)
(t)
(a) (b) (c) (d) (e) (f)
72
sustains an injury or develops an illness that threatens their life, or
dies.
52.2 A Pilot is entitled to up to three days paid Compassionate Leave,
including travelling time, when the affected family member is the Pilot’s:
spouse
defacto partner,
parent (including foster/step-parents)
sibling
child or step-child, or
child, parent, grandchild, or sibling of the Pilot’s spouse or
defacto partner
52.3 A Pilot is entitled to two days paid Compassionate Leave when the
affected family member is:
the Pilot’s grandparent, or
a grandparent of the Pilot’s spouse or defacto partner.
53 PARENTAL LEAVE
53.1 The entitlement to Parental leave shall be in accordance with the
provisions of the NES. This clause provides for occupational specific
detail.
53.2 Eligibility
53.2.1 Pilots with at least 12 months continuous service are entitled to
parental leave where the leave is associated with:
the birth of a child of the Pilot or the Pilot’s spouse or de facto
partner, or the placement of a child with the Pilot for adoption; and
the Pilot has or will have responsibility for the primary care of the
child.
53.2.2 Eligible full-time and part-time Pilots are entitled to paid components
of parental leave in accordance with the provisions set out below.
Eligible casual Pilots are entitled to unpaid parental leave.
53.3 Basic entitlement
(a)
(b)
(a)
(b)
(a) (b] (a) (b)
73
53.3.1 A Pilot is entitled to a combined total of 104 weeks unpaid parental
leave on a shared basis in relation to the birth or adoption of the child.
This will consist of an initial period of 52 weeks, which may be
extended by up to an additional 52 weeks provided notice is given
according to clause 53.7.
53.3.2 A Pilot may take parental leave if they become the primary care giver
of the child at any time within the 104 weeks following birth or
placement of the child, provided notice is given according to clause
53.12.
53.3.3 Subject to availability, and agreement between the Employer and the
Pilot concerned, a Pilot on unpaid parental leave may perform non
flying duties with the Employer during a period of parental leave,
without reducing their leave entitlement. On any day that a Pilot
attends work for a keeping in touch day, they will be entitled to be paid
their normal rate of pay.
53.3.4 Where a Pilot is the secondary carer of the child, they may take 8 weeks
unpaid parental leave concurrently with a spouse or de facto partner’s
leave at the time of the birth of a child or placement of the adopted child
or at another time mutually agreeable to the Pilot and the Employer.
This parental leave may be taken in one or two periods.
53.4 Paid Parental Leave
53.4.1 A Pilot who is the primary care giver of the child is entitled to six weeks
paid parental leave, which is payable at the commencement of the
leave. This period of paid leave will be offset against the entitlement to
unpaid parental leave.
53.4.2 Where a Pilot accrues more than 10 days of personal leave in any 12
month period, the personal leave accrued in addition to those 10 days
will thereafter be available to the pilot to be used as paid parental
leave, adjoining a period of parental leave to which the pilot would
normally be entitled, up to a limit of 15 days per occasion of parental
leave adjoining a period of primary care giver parental leave, or 5 days
per occasion of parental leave adjoining a period of secondary care
giver parental leave. In no circumstances may such use of personal
leave as paid parental leave result in a personal leave balance of less
than 10 days.
53.4.3 For the avoidance of any doubt the entitlement to paid parental leave
under this clause is in addition to any paid parental leave provided
under any government scheme.
53.4.4 A Pilot may choose to have the entitlement in 53.4.1 paid at half the
rate for twice the length of the period prescribed.
53.5 Adoption Related Provisions
74
53.5.1 In addition to the entitlements to paid parental leave under clause
53.4.1 and unpaid leave under clause 53.3.1, a Pilot seeking to adopt a
child is entitled to take unpaid leave for the purpose of attending any
compulsory interviews or examinations as are necessary as part of the
adoption process.
53.5.2 The Pilot and the Employer should agree on the length of the unpaid
leave. Where agreement cannot be reached, the Pilot is entitled to take
up to two days unpaid leave. Where paid leave is available to the Pilot
the Employer may require the Pilot to take such paid leave instead.
53.6 Special Parental leave
53.6.1 Where a pregnant Pilot has a pregnancy related illness or the
pregnancy of a Pilot terminates after 28 weeks and the Pilot has not
commenced parental leave, the Pilot may take unpaid special parental
leave of such period as a registered medical practitioner certifies as
necessary.
53.6.2 Where a Pilot is suffering from an illness not related to the direct
consequences of the birth, a Pilot may be entitled to paid personal leave
in lieu of, or in addition to, special parental leave.
53.7 Variation of period of parental leave
53.7.1 Provided that the maximum period of parental leave does not exceed
the period provided for in 53.3.1, a Pilot may apply to the Employer to
change the period of parental leave.
53.7.2 The Pilot must give at least 28 days written notice to the Employer of
the period by which the leave is to be extended.
53.7.3 The period of parental leave may, with the consent of the Employer be
shortened by the Pilot giving at least 28 days written notice of the
period by which the leave is to be shortened.
53.8 Parental leave and other entitlements
53.8.1 A Pilot may in lieu of, or in conjunction with parental leave, access
other paid leave entitlements which they have accrued, such as annual
leave or long service leave.
53.9 Transfer to a safe job
53.9.1 Where a Pilot is pregnant and, in the opinion of a registered medical
practitioner, illness or risks arising out of the pregnancy or hazards
connected with the work assigned to the Pilot make it inadvisable for
the Pilot to continue at their present work, the Pilot is entitled to be
transferred to a safe job at the Pilot’s full rate of pay. The provisions of
this clause are taken to apply from the point when the Pilot is required
to cease flying duties according to the relevant CAR/CASR.
75
53.9.2 Where there is an appropriate safe job available, the Employer must
transfer the Pilot to that job for the risk period, with no other change
to the Pilot’s terms and conditions of employment, provided that the
Pilot provides evidence such as a medical certificate stating that she is
fit for work and provided that the Pilot has met the evidence
requirements as set out in clause 53.12.1.
53.9.3 Where there is no appropriate safe job available, the Pilot is entitled to
take paid no safe job leave for the risk period.
53.10 Returning to work after a period of parental leave
53.10.1 A Pilot must notify the Employer of their intention to return to work
after a period of parental leave at least eight weeks prior to the
expiration of the leave.
53.10.2 A Pilot is entitled to their position and classification that existed
immediately before proceeding on parental leave. In the case of a Pilot
transferred to a safe job pursuant to clause 53.9, the Pilot must be
entitled to return to the position they held immediately before such
transfer.
53.10.3 Where such position no longer exists but there are other positions
available which the Pilot is qualified for and is capable of performing,
the Pilot is entitled to a position comparable in classification to that of
their former position.
53.10.4 A Pilot taking parental leave may apply for advertised vacancies whilst
on leave. The Pilot must genuinely expect to be available to take up any
resultant appointment or training on the nominated date(s) at the
recommencement of duty.
53.11 Replacement Pilots
53.11.1 A replacement Pilot is a Pilot specifically engaged or temporarily
promoted or transferred, as a result of a Pilot proceeding on parental
leave.
53.11.2 A replacement Pilot must be informed of the temporary nature of the
employment and of the rights of the Pilot who is being replaced.
53.12 Notice and Evidence requirements
The following notice and evidence requirements apply to the taking of
parental leave:
53.12.1 At least 16 weeks (for the primary carer) or at least 10 weeks (for the
secondary carer) prior to the commencement of parental leave the
Pilot must provide:
written notification of the dates on which the Pilot proposes to start
and finish parental leave,
(a)
(a)
76
a statutory declaration stating whether they are to be the primary
or secondary carer of the child, and
either
in the case of birth related leave, a certificate from a registered
medical practitioner stating the date of birth, or the expected
date of birth of the child; or
in the case of adoption, confirmation of the day of placement or
the expected day of placement of the child and that the child is,
or will be, under 16 as at the day of placement or expected
placement of the child.
53.12.2 At least 4 weeks before the intended start date of parental leave the Pilot
must either:
confirm the intended start and end dates of parental leave; or
advise of any changes to the intended start and end dates of the
leave.
53.12.3 A Pilot is not in breach of the provisions of this clause if failure to give
the stipulated notice is occasioned by the birth of the child occurring
earlier than the presumed date or if there is a requirement of an
adoption agency to accept earlier or later placement of a child.
54 LEAVE TO DEAL WITH FAMILY AND DOMESTIC VIOLENCE
54.1 Family and domestic violence leave is provided for and managed in
accordance with the provisions in the NES.
54.2 Information concerning a Pilot’s experience of family and domestic
violence is sensitive, and if mishandled can have adverse consequences
for the Pilot. The Employer should consult with such Pilots regarding the
handling of this information.
54.3 Depending upon the circumstances, evidence that would satisfy a
reasonable person of the Pilot’s need to take family and domestic
violence leave may be required in accordance with the provisions of the
NES, which may include a document issued by the police service, a court
or a family violence support service, or a statutory declaration.
55 TRANSFERS - PERMANENT
55.1 Subject to clause 55.2, a “permanent transfer” means the transfer of a
Pilot from one Home Base to another where the period of the transfer is
in excess of 180 Days.
(b)
(c)
(a)
(b)
[b] (c) (a) (b)
77
55.2 The Employer and a Pilot may agree to a temporary transfer of more
than 180 Days’ duration, in which case clause 56 shall apply.
55.3 Where two Pilots of the same classification but in different bases wish to
exchange bases permanently, they may apply to the Company for a base
swap. Such a swap may be considered by the Company, provided that no
more senior Pilot of the same classification in either base has a current
standing bid for any base involved in the swap.
55.4 Transfers at Pilot Expense
55.4.1 A Pilot may request a transfer from one base to another. If the Company
agrees to that request, the Pilot will bear the cost of their own transfer.
The Employer will provide confirmed travel arrangements on its
services and the time of travel will be determined by agreement.
55.4.2 Pilots approved by the Company to make a base swap will bear their
own expenses, and will be provided with space available travel on the
Employer’s services for themselves and dependant members of their
families. The Company will where possible afford the transferring Pilot
assistance with travel to the new base whilst the Pilot arranges suitable
accommodation.
55.4.3 A Pilot transferring permanently to another base will be released from
the former base in sufficient time to effect the transfer. The period of
time will be established by the Chief Pilot and will not normally exceed
four working days plus additional Designated Days Off where available
and mutually agreed.
55.5 Transfers at Employer Expense
55.5.1 A Pilot transferred at the Employer’s direction will be entitled to
receive payment from the Employer for reasonable expenses incurred
for the transfer of the Pilot, their spouse or de facto partner and
dependent children under age 21, along with their furniture,
possessions and personal effects from one permanent base to another
permanent base, as approved by the Employer.
55.5.2 A Pilot may normally be transferred at Employer direction, only in the
event that the Employer permanently reduces the establishment of
pilots in the affected Pilot’s equipment assignment, to the point that the
Pilot becomes surplus to establishment.
55.5.3 If within 12 months of such a transfer, the establishment of pilots in the
Pilot’s original equipment assignment increases again, or any
vacancies in that equipment assignment are advertised (for any reason
other than replacement of a pilot who resigns from that position), the
pilot will be entitled to transfer back to their previous base under all
conditions of clause 55.5.
55.5.4 When special circumstances arise, Pilots may be allowed additional
expenses subject to the approval of the Employer.
78
55.5.5 Where a Pilot is transferred to a new Home Base the Employer will
provide appropriate accommodation (as provided for in clause 61)
until the Pilot is able to obtain suitable permanent accommodation.
The provision of such accommodation will be limited to a maximum
period of two weeks.
55.5.6 A Pilot will be given reasonable written notice by the Employer (at
least 28 days) of an intended permanent transfer and the associated
date of transfer.
55.5.7 A Pilot who is permanently transferred will be granted such period of
time as the Pilot requires up to a maximum of five days free of all duty
upon arrival on the new base to attend to personal matters arising
from being so transferred. Designated Days Off prescribed in clause 40
of this Agreement will not be used to meet the requirements of this
clause.
56 TRANSFERS - TEMPORARY
56.1 A transfer or transfers of a Pilot shall be taken to be temporary where
the number of days spent on temporary transfer in any 12 calendar
months will not exceed 180 days, or such longer period as may be agreed
between the Pilot and the Employer.
56.2 Temporary transfers of a Pilot are normally to be made by mutual
consent. However, a transfer may be made at the Employer’s direction
on no more than one occasion for each Pilot during their employment
with the Company. Employer directed transfers will be for a period of no
more than 28 days, except where, at the request of the Company, the
Pilot consents to a longer transfer. Agreeing to a transfer period of more
than 28 days does not render the transfer one of “mutual consent” for
the purposes of the other limits of this subclause.
56.3 Temporary transfers for the purpose of covering parental leave will be
exempt from the limit on total number of transfers at Employer direction
in clause 56.2. However, prior to utilising a Pilot who has already been
subject to a temporary transfer at Employer direction, all other Pilots of
the same classification must have previously been allocated such a
transfer (where practicable).
56.4 A Pilot who is to be temporarily transferred will be notified as soon as
possible in advance, but unless the Pilot consents to less notice, this will
in no circumstances be less than 48 hours prior to the scheduled
departure from Home Base to commence the transfer.
56.5 A Pilot whose child is due to be born will not be required by the
Employer to operate away from Home Base during the four week period
immediately preceding the expected due date and during the four week
period immediately following the birth of the child.
79
56.6 Until such time as agreed alternative accommodation becomes available,
the provisions of clause 61 will apply to a Pilot on temporary transfer.
Such agreed alternative accommodation will be provided at the
Employer’s cost.
56.7 Where the temporary transfer is to be for a period in excess of 28 days
the Employer will provide travel for the Pilot’s spouse and each
dependent child under 21 years of age to join the Pilot when the agreed
alternative accommodation is occupied by the Pilot. Where agreed
alternative accommodation has not been found within 28 days of the
commencement of the temporary transfer and provided the unexpired
period of transfer is at least a further 28 days, the spouse and each of the
Pilot’s dependent children will be entitled to travel and accommodation
to join the Pilot, at the Employer’s cost.
56.8 In the case of a temporary transfer a Pilot will be reimbursed any actual
reasonable personal expense as a result of such transfer away from
Home Base.
56.9 If a Pilot on temporary transfer encounters special or unforeseen
circumstances affecting the adequacy of either expense arrangements or
the terms of transfer, the Pilot will be allowed additional expenses,
subject to the approval of the Employer, and either the Pilot or the
Employer may raise for attention any inadequacy in the terms of the
transfer.
57 UNIFORMS
57.1 The Employer will provide the Pilot with the necessary uniform for both
summer and winter use, and will replace the same as is necessary as a
result of fair wear and tear on duty.
57.2 A Pilot will wear the uniform at all times whilst on duty and will keep it
in good order and condition.
57.3 A Pilot will, at their own cost, replace any uniform item if such
replacement becomes necessary other than as a result of fair wear and
tear whilst on, or travelling to or from, duty.
57.4 The Employer will confer with representatives of the Pilots on any
suggested changes to uniforms and necessary changes will be made by
agreement. Pilot uniforms will not be manufactured from high fire-risk
material, and may include such items as a tunic, trousers, shirt, tie,
(subject to climatic conditions), raincoat, jumper or cardigan, top coat,
cap and sundry uniform insignia, and where the Employer prescribes
other items of a particular type or colour, includes such items as are
prescribed.
80
57.5 A Pilot who is required to travel to another base for uniform fittings will
be provided with positive space travel on a day free of rostered duty
(other than a Designated Day Off). The Employer will provide return
transport between the airport and the premises where required for the
purpose of attending uniform fittings.
57.6 The Employer will, in respect to the provision of shirts under clause 57.4,
provide five shirts at Pilot request each 12 months.
58 LOSS OF BAGGAGE
58.1 A Pilot will be entitled to claim up to $2193.95 for loss or destruction of
personal baggage whilst on a Tour of Duty. In addition, the Employer will
replace a Pilot’s Navigation/Flight Bag and/or its contents if lost or
destroyed whilst on a Tour of Duty.
58.2 Permanent loss is deemed to have occurred if such baggage has not been
recovered within 40 days from the date of loss.
58.3 Any such entitlement will not apply to circumstances in which
compensation is payable under the airline’s passenger liability
provisions or if the loss is as a direct result of the Pilot’s own actions.
58.4 The Employer will provide standard traveller’s baggage and personal
effects insurance to the value of $2742.42 for Pilots travelling overseas
at the Employer’s direction.
58.5 Where loss of personal baggage occurs to a Pilot whilst away from base
on duty, the Pilot will be reimbursed actual reasonable expenses
incurred.
58.6 Should payment be made to a Pilot, and the baggage is subsequently
recovered, the Employer will be entitled to reimbursement of the
payment made.
58.7 The Employer will provide crew baggage labels to Pilots if requested.
58.8 The above allowances are Indexed to CPI.
59 SUPERANNUATION
Superannuation will be paid in accordance with the Superannuation
Guarantee Legislation, to the fund nominated by the Pilot.
81
60 LOSS OF LICENCE INSURANCE
60.1 The Employer will reimburse each Pilot or pay to the nominated
provider, on the Pilot’s behalf, the Pilot’s contributions up to a maximum
of $2365.12 per annum (indexed to CPI) to assist the Pilot to hold
adequate cover against loss of licence. Reimbursement will be in
accordance with the AAPMBF standard capital benefit rate for the
relevant age joining under age 40.
60.2 A Pilot may request that the Employer pay the allowance prescribed in
clause 60.1 directly to the AAPMBF on the Pilot’s behalf.
60.3 Where the Employer has not paid the provider on behalf of the Pilot, the
reimbursement prescribed in clause 60.1 will be made on the last date
for payment of salary in April of each year, on production by the Pilot of
proof of payment.
60.4 Upon commencement of employment with the Employer, a Pilot will be
given a choice of coverage under this clause. The Pilot may elect:
to commence new cover with the AAPMBF, or
to continue existing cover with the AAPMBF, or
to arrange or continue cover with another provider, or
to accept coverage under the Employer’s policy.
Where a pilot elects to commence new cover according to (a) above, the
Employer will commence payment according to subclause 60.2 upon
receipt of an invoice for that coverage from AAPMBF.
Where a pilot continues existing cover according to (b) above, the
Employer shall, upon receipt of proof of payment from the Pilot, make a
one-off pro-rata payment to the Pilot according to the remaining portion
of that Pilot’s period of coverage from the date of their commencement
of employment with the Employer.
Where a pilot chooses cover with another provider according to (c)
above, they will be entitled only to reimbursement according to
subclause 60.3.
A Pilot who elects to accept coverage under the Employer’s policy
according to (d) above shall not be entitled to any payment or
reimbursement under this clause.
60.5 The Employer shall each year provide information to all Pilots regarding
how to change their loss of licence coverage from the company policy to
AAPMBF or vice versa.
(a)
(b)
(c)
(ct)
(a) (b) (c) (d)
82
60.6 Upon termination of employment with the Employer, any Pilot who was
given the prescribed choice and received payment, reimbursement or
coverage according to clause 60.4, shall be liable to reimburse the
Employer (or permit the Employer to claim reimbursement on their
behalf from the provider) any amount already paid by the Employer for
the period of loss of licence cover extending beyond their date of
termination, pro-rated to that period of time following termination of
employment.
61 ACCOMMODATION
61.1 When a Pilot in the course of their employment is absent on Layover
from their base, they will be provided by the Employer with appropriate
accommodation.
61.2 To the extent reasonably possible, a list of approved places of
accommodation will be determined as agreed between the Employer
and the RexPC. The Company agrees to investigate complaints received
in writing regarding accommodation within seven working days.
61.3 If either the Employer or the RexPC proposes a change to the existing
accommodation, the other party will be notified of the proposal. If no
agreement is reached on the proposal, the party seeking the change may
refer the proposal to the Disputes Settlement Procedure for
determination and in such circumstances the existing arrangements will
continue until the matter is determined.
61.4 On a Layover where no appropriate accommodation is available, the
Employer will provide the best accommodation available and the Pilot
will be entitled to a hard lying allowance of $116.57 per night, Indexed
to CPI.
61.5 If the Employer and a Pilot agree, a Pilot may arrange and pay for their
own accommodation and meals, and the Employer will pay an allowance
of $102.86 for capital city ports and $89.14 for all other ports, Indexed
to CPI, and will be deemed to have discharged the obligations in this
clause. In such cases the Pilot will give at least 36 hours’ notice of their
intention to provide their own accommodation to allow the Company to
cancel the original booking without penalty. This notice period shall not
apply where the Pilot has been called out within the 36 hour period. The
Employer is not responsible for a pilot’s transport to or from that Pilot’s
own accommodation.
61.6 Notwithstanding the above, a Pilot attending ground school training on
initial employment, in their designated Home Base, is responsible for the
provision of accommodation at their own expense. A Pilot allocated a
Home Base different to where the ground school is to be held will be
provided with appropriate accommodation, which may include serviced
apartments (as agreed with the RexPC) whilst away from their Home
Base.
83
62 DAILY TRAVEL ALLOWANCE
62.1 Pilots will be paid a Daily Travel Allowance (“DTA”) of $7.23 per hour
from sign on at Home Base to sign off at Home Base, except in accordance
with subclause 62.2.
62.2 Duties other than directly associated with flying duties
62.2.1 A Pilot who is required, at the Employer’s direction, to attend ground
courses, conferences and other activities that are not defined as flying
duties, at their Home Base, will be reimbursed all applicable meal
expenses incurred as a direct result of their attendance. No
reimbursement will apply in each instance if a meal of an agreed
standard is supplied by the Employer.
The reimbursement of meal expenses will be at the following rates, when
the Pilot is at work for more than 30 minutes within the periods specified
below. These allowances are Indexed to CPI.
Meal Period
Allowance (as of First pay
period in July 2022)
Breakfast 0630-0800 $ 28.92
Lunch 1200-1330 $ 32.42
Dinner 1800-2000 $ 55.75
62.2.2 At a base other than their Home Base, Pilots will be reimbursed any
reasonable expenses, including meals (at the rate defined in clause
62.2.1), incurred as a direct result of their attendance, and be provided
appropriate accommodation, in accordance with clause 61 of this
Agreement.
62.2.3 At a base or place other than their Home Base, Pilots will be paid DTA
in accordance with clause 62.1 above, on those days where deadhead
travel has been undertaken or flying duties have been conducted,
either (as applicable):
from sign on at Home Base until 11:59pm on the last day before
exclusively non-flying duties as per subclause 62.2.1 are
assigned, OR
from midnight to 11:59pm, if both the preceding and
subsequent days’ duties consist exclusively of non-flying duties
as per subclause 62.2.1, OR
from midnight following a day where exclusively non-flying
duties as per subclause 62.2.1 are assigned, to sign off at Home
Base.
84
62.3 Where a Pilot is entitled to be paid DTA for a specific duty period, they
will not be entitled to be reimbursed for the cost of meals during the
same period.
62.4 The hourly rate for the purposes of the DTA is calculated by dividing the
daily rate specified for meals and incidentals in the Australian Taxation
Office (ATO) “Reasonable Travel and Overtime Meal Allowance Expense
Determination” by 24.
62.5 When the Australian Taxation Office (ATO) “Reasonable Travel and
Overtime Meal Allowance Expense Determination” amount is varied, the
DTA in this Agreement will be changed in accordance with the formula
set out in clause 62.4.
63 PROVISION OF TRANSPORT
63.1 The Company may provide a motor vehicle for the purpose of crew
positioning to and from accommodation and eating facilities. A Pilot who
is unable or has reason not to operate or travel in the motor vehicle on
the day shall advise Network Operations before Sign Off and shall be
provided with a taxi or other transport appropriate at that port. In the
case of a Pilot who is unable to operate the motor vehicle, other transport
will be provided if no other crew member can be found to operate the
vehicle.
63.1.1 Pilots who at all times are unable to operate Company motor vehicles
are to make this known to Network Operations so as to facilitate
transport arrangements.
63.1.2 Cars shall be fitted with air conditioning and, at ports where agreed by
the RexPC, a GPS programmed to the safe route from airport to
accommodation and return.
63.1.3 Cars are to be fully maintained by the Company with regard to
registration, fuel, water, tyre pressures and equipment required for
local operation. The Company must ensure all insurance and road
service arrangements are contained in the vehicle.
63.2 No Pilot will be required to use their private vehicle for any work-related
purposes, unless the Pilot so agrees.
63.3 Where a Pilot agrees to use their private vehicle for work-related
purposes the Pilot will be paid an allowance according to the applicable
Award rate.
64 SALARY PACKAGING
64.1 The Employer may agree to enter into salary packaging arrangements
where requested by a Pilot to do so, subject to the following:
85
Salary packaging for vehicles is normally only available to a Pilot
with 5 years’ or more service with the Employer. For other FBT
exempt benefits a Pilot must have 12 months service;
All costs associated with salary packaging, including administrative
costs and taxes, are to be met from the salary of the participating
Pilot;
The value of the package, including costs and taxes, must be equal
to the pre-package salary of the participating Pilot. The rate of
superannuation, and applicable allowances will be calculated based
upon the Pilot’s original gross salary; and,
Salary packaging may include but is not limited to superannuation,
vehicles, laptops, certain base transfer costs dependent upon FBT
legislation.
64.2 A report of reconciliation and a Letter of Agreement will be provided to
the Pilot on initiation of a Salary Packaging agreement, and at each
subsequent anniversary of the Pilot’s employment start date, outlining
specific details of all the items included in the package, including the
Employer’s and the Pilot’s tax contribution.
65 NO EXTRA CLAIMS
65.1 The parties agree that up to the nominal expiry date of this Agreement:
the employees, the Unions, and the Employer will not pursue any
extra claims relating to wages or changes in conditions of
employment or any other matter related to the employment of the
employees, except in accordance with the provisions of this
Agreement; and
this Agreement covers all matters or claims that could otherwise be
subject to protected action under the Fair Work Act 2009 and its
successors.
66 PAYMENT OF SALARIES
66.1 Salaries and allowances will be paid fortnightly by electronic funds
transfer into an account with a financial institution nominated by each
respective Pilot.
66.2 On termination of employment, subject to completion of exit procedures,
all monetary entitlements due to a Pilot will be paid on the Employer’s
normal pay day.
(a)
(b)
(c)
(d)
(a)
(b)
(a) (b) (c) (d) (a) (b]
86
67 SALARIES
67.1 The following base salaries and additions apply from the first pay period
after 1 July 2022 and will be increased in each year of this agreement by
2%.
In the event that CPI (based on the weighted average of eight capital
cities as at March of each applicable year and as published by the
Australian Bureau of Statistics) is greater than 2% in any year of this
agreement, the increase shall be equal to CPI, up to a maximum of 4% for
that corresponding year.
67.2 The increases will be effective from the start of the first pay period
commencing on or after 1 July 2023, 1 July 2024, 1 July 2025 and 30 June
2026.
Annual salary ($) – SF340 First Officer classification
Year of service Effective 1/7/2022
Training Salary 50,000.00
1st 61,000.00
2nd 63,588.46
3rd 69,398.93
4th 69,801.81
5th 70,204.71
6th 70,608.70
7th 71,416.70
8th 71,819.59
9th 72,627.57
10th and beyond 73,434.46
87
Annual salary ($) – SF340 Captain classification
Year of service Effective 1/7/2022
1st 98,449.07
2nd 101,677.72
3rd 103,292.60
4th 104,098.39
5th 105,712.17
6th 109,746.60
7th 111,361.48
8th 113,781.04
9th 116,202.80
10th and beyond 119,431.44
67.3 On commencement of this Agreement, Pilots employed by the Employer
at the date of operation of this Agreement will become entitled to back-
payments as follows.
67.3.1 For each rostered or assigned duty beyond a total of 18 days in each
roster period since 1 April 2021 (inclusive), up to but not including the
first roster published in accordance with clause 42 of this Agreement,
an amount of 0.5% of that Pilot’s base salary and additions as per
clause 42.7.2.
67.3.2 Any rostered reserve period on which the Pilot was not assigned a
duty, or a day free of duty on which a Pilot voluntarily accepted a duty,
shall not be counted as a rostered or assigned duty in the above
calculation, except in accordance with subclause 67.3.3
67.3.3 The first two reserve periods in any given roster period shall be
counted as a rostered duty for the purposes of this calculation,
regardless of whether the pilot was assigned a duty.
67.3.4 A detailed table of what is to be considered a duty for the purposes of
this calculation is given in the table at appendix 1 of this Agreement.
67.4 The back-payment determined under subclause 67.3 is to be paid to the
Pilot according to the following schedule:
67.4.1 In full, upon the Employer reporting a full year profit before tax of $10
million or more; or
67.4.2 By pro-rated partial payments in each year when the Employer reports
a full year profit before tax between $0 (0%) and $10 million (100%),
no later than the first pay period in November following the end of the
financial year for which profit is reported,
Providing that each Pilot shall have received no less than:
88
One third of the total back-payment by 30 June 2023;
Two thirds of the total back-payment by 30 June 2024; and
All of the total back-payment by 30 June 2025, or upon
termination of that Pilot’s employment with the Employer,
whichever occurs sooner.
67.5 The training salary specified in clause 67.1 of this Agreement will apply
to those Pilots that do not have the skills or qualifications to perform the
role of a SAAB 340 First Officer. Pilots that hold a SAAB 340 type rating
will be paid in accordance with the appropriate scale for first year of
service of their equipment assignment.
67.6 At the expiry of 90 days of service or on being checked to line (whichever
occurs first) the Pilot will be paid in accordance with the appropriate
scale for first year of service.
67.7 Any Pilot who takes leave without pay (LWOP) at their request for a
period of more than 12 months, will return from leave at the years of
service base salary he/she was on at the time of commencing LWOP. The
Pilot must serve the remaining period of time from their original
anniversary date prior to being awarded the next salary anniversary
incremental increase. This clause does not apply to Pilots on parental
leave (paid or unpaid), sick leave, or periods of paid employment within
the Rex group outside of Rex Airlines (i.e. secondment).
68 ADDITIONS TO SALARY
68.1 In addition to the salaries specified in clause 67, the following payments
will be made:
68.1.1 A Training Captain will be paid an addition to salary, in accordance
with the table below, prorated for each calendar month in which they
perform training duties.
68.1.2 All roles except Training Captain will be paid an addition to salary, in
accordance with the table below. The allowance will be paid in
fortnightly instalments with salary.
89
Training and Check Captain annual additions to salary ($)
Role Effective
1/7/2022
Training Captain 21,587
Simulator Instructor 25,337
Simulator Instructor + Training Captain 28,253
Aircraft Check Captain 30,461
Aircraft Check Captain + Simulator Instructor 37,479
Aircraft Check Captain + Simulator Check
Captain
45,206
68.1.3 A Pilot who, immediately prior to the commencement of this
Agreement, was entitled to receive an addition to salary as a Check
Captain under the Regional Express Pilots’ Enterprise Agreement
2014, and whose corresponding addition to salary under this
agreement will decrease while continuing to conduct the same duties,
shall continue to be paid the higher addition to salary rate until either:
the Pilot ceases to perform those duties, or
the Pilot qualifies for a position with the same or higher addition to
salary, or
30 June 2025.
whichever occurs first.
Such pilots will be given the opportunity to qualify for a role associated
with their current addition to salary prior to 30 June 2025.
68.2 A Part Time Pilot will have these additions to salary pro-rated according
to their part time status.
68.3 An Aircraft Check Captain may be required to perform the duties of a
Training Captain. A Flight Examiner may be required to perform duties
associated with any other role. In either case, the pilot will continue to
receive the Addition to Salary corresponding to their substantive role.
68.4 A Flight Examiner will be paid an allowance of $330.02 (indexed to CPI)
for each Type Rating test or ATPL test they conduct.
68.5 Pilots in receipt of an addition to salary pursuant to clause 68.1 will be
required to remain current from the right hand seat of the applicable
aircraft, and may be rostered as such.
69 PROFIT SHARE INCENTIVE SCHEME AND SHARE GIFT
69.1 Profit Share Incentive Scheme
(a)
(b)
(c)
(a) (b] (c)
90
69.1.1 Pilots are eligible to receive payments under the Company’s Profit
Share Incentive Scheme.
69.1.2 The Profit share amount is calculated in the following manner:
Profit before tax (PBT), attributable to Rex airlines as operated
by Regional Express Holdings Limited, multiplied by applicable
profit share percentage, divided by total number of eligible Rex
airline Full Time equivalent permanent staff.
For the purpose of this clause, “total number of eligible Rex airline Full
Time equivalent permanent staff” is the number of permanent staff on
the Company’s payroll records and in employment for Rex airlines as
operated by Regional Express Holdings Limited as at 30 June each year.
Permanent employees who are part-time, job share or have less than 12
months service will be included in the calculation on a pro rata basis. For
clarity, permanent staff does not include casual staff.
The profit share percentage shall be 7.5%.
69.1.3 The Profit share amount will be paid to all eligible staff. Pilots who have
less than one year’s service will receive a pro-rated entitlement, but it
will not be payable until the staff member reaches 12 months of
service.
Part time staff will also be eligible for the profit share on a pro rata
basis.
69.1.4 Pilots who leave the Company prior to the date on which a payment of
profit share is made, will not be eligible for that financial year’s profit
share. This will not apply in cases of a Pilot’s retirement, redundancy,
or termination of employment on medical or compassionate grounds.
In these circumstances, a pro rata entitlement to profit share will be
paid.
69.1.5 Entitlements for each year will be calculated and paid out once the
accounts for that year have been audited and closed. Profit share
payments will be made no later than the first pay period in November
of each year, for the next four years i.e. November 2023, November
2024, November 2025 and November 2026. Profit share payments are
inclusive of Superannuation which will be deducted and remitted to
the Pilot’s elected Superannuation fund.
In addition, Pilots will receive a one-off payment equivalent to the
profit share payment which would have been due to eligible Pilots
following FY2018/19. This payment will be due at the conclusion of the
first pay period following commencement of this Agreement.
91
69.1.6 Pilots who are or have been subject to disciplinary action may have
their benefits under the profit share incentive scheme revoked or
reduced. Such action can only be initiated by a majority of the Rex
Management Committee and not by any individual manager. The
Management Committee must refer the matter to the Remuneration
Committee, who will make the final decision. The key criteria for
disqualification is that the staff member concerned must have failed
their duties significantly. Any action taken under this clause will only
be for disciplinary measures taken after the date that this Agreement
comes into operation.
69.2 Share Gift
69.2.1 In addition to the salaries and profit share specified above, Pilots will
be eligible for the Company Share Gift Scheme.
69.2.2 Company Share Gift is calculated in the following manner:
The share gifts will take place each year for 4 years. The value
of each gift will be 2% of the eligible Pilot’s base salary as at 30
June.
Share gifts will be calculated on the 1st July 2023 1st July 2024,
1st July 2025 and 1st July 2026.
Employees not in employed by the Company as at 30 August
each year will not be entitled to the Share Gift. The Share Gift
issue will take place on a date determined by the Company
which will be dependent on the date the share plans are
revalidated as to allow for sufficient time for preparation of
paperwork. In all cases, this will be no later than 1 November
each year.
The value of the shares will be as per the average market price
for the five working days preceding 1 July each year.
69.2.3 Eligibility and entitlement to the share gift is in accordance with clause
69.1.6.
70 BANK OF DAYS
70.1 A Bank of Days has been established to release Pilot representatives
from their regular duties, without loss of pay, to conduct their work
representing Pilots. The Company agrees to grant use of this Bank of
Days in order to facilitate operation of this Agreement and to ensure
representation of Pilots’ industrial interests and for the representatives
to discuss issues relating to the Pilots’ employment relationship with the
Company.
92
70.2 Each Pilot will forfeit one day’s annual leave credit which shall be
transferred to a Bank of Days. In addition, Pilots commencing
employment subsequent to commencement of this Agreement will
forfeit one day’s annual leave at the time the first leave is credited and
such deduction will be transferred to the Bank of Days. Forfeiting of
leave will only occur on one occasion in each Pilot’s period of
employment.
70.3 The Bank of Days credit will be debited by one day for each day a Pilot is
released from duties to undertake discussions or representations on
behalf of all Pilots.
Where a Pilot operates flight duties on the same duty day as
originally claimed from the Bank of Days, no credit will be
deducted from the Bank of Days.
In the spirit of this and future agreements, Pilots attending
agreement negotiations shall be deducted only a half day’s
credit for each day’s attendance.
71 AGREEMENT FLEXIBILITY
71.1 The Employer and a Pilot covered by this Agreement may agree to make
an individual flexibility arrangement to vary the effect of terms of the
Agreement if:
the arrangement deals with 1 or more of the following matters:
arrangements about when and where work is performed;
hours of work;
allowances;
provision of transport during temporary transfers or
assignments;
accommodation during temporary transfers or assignments;
leave loading; and
the arrangement meets the genuine needs of the Employer and Pilot
in relation to 1 or more of the matters mentioned in paragraph (a);
and
the arrangement is genuinely agreed to by the Employer and Pilot.
71.2 The Employer must ensure that the terms of the individual flexibility
arrangement:
are about permitted matters under section 172 of the Fair Work Act
2009; and
(a)
(b)
(c)
(a)
(a) [b] (c) (a)
93
are not unlawful terms under section 194 of the Fair Work Act 2009;
and
result in the Pilot being better off overall than the Pilot would be if
no arrangement was made.
71.3 The Employer must ensure that the individual flexibility arrangement:
is in writing; and
includes the name of the Employer and Pilot; and
is signed by the Employer and Pilot and if the Pilot is under 18 years
of age, signed by a parent or guardian of the Pilot; and
is only made after the Pilot has commenced employment with the
Employer; and
includes details of:
the terms of the enterprise agreement that will be varied by the
arrangement; and
how the arrangement will vary the effect of the terms; and
how the Pilot will be better off overall in relation to the terms
and conditions of their employment as a result of the
arrangement; and
states the day on which the arrangement commences.
71.4 The Employer must give the Pilot a copy of the individual flexibility
arrangement within 14 days after it is agreed to.
71.5 The Employer or Pilot may terminate the individual flexibility
arrangement:
by giving no more than 28 days written notice to the other party to
the arrangement; or
if the Employer and Pilot agree in writing — at any time.
(b)
(c)
(a)
(b)
(c)
(d)
(e)
(a)
(b)
(b) (c) (a) (b) (c) (d) (e) (a) [b]
72 SIGNATURES
Signed for and on behalf of the Employees by: in the presence of:
(signature of authorised person/bargaining representative)
L
(name of authorised person/bargaining representative)
c/- AFAr
Le,d 4 112 A I &e~ r P,J
Sc.1H , /21e/ {x.1 -,,~ I/ i c. s ;zc,;""
(address of authorised person/bargaining representative)
cl-1.,:,.,,·, /},=:.\/~ f~~'f- Cc:_. 1.,.i{ J2. l,cv'f·"'',1''':J ,-e,.-::;.-..J. .. ,::(.; ✓
(basis of authority to sign agreement)
Date: i c) / I I / 2..022
Signed for and on behalf of the Regional Express H:r Limi,ed by,
argaining rcpresent1tive)
l'1. 1:,-, ILLL Hoit,1£.LL
(name of authorised person/bargaining representative)
(address of authorised person/bargaining representative
(basis of authority to sign agreement)
Date: 15 I fl I 2.a2 2
in the presence
of:
(signature of witness)
(name of witness)
94
72 SIGNATURES Signed for and on behalf of the Employees by: in the presence of: 8 Kt (signature of authorised person/bargaining representative) (signature of witness) Robin L. Darroch Sima Luften Executive Puedo- AFHP (name of authorised person/bargaining representative) (name of witness) c/- AFAR Level 4, 132 Albert Rd South Melbourne Vic 3205 (address of authorised person/bargaining representative) Chair, AFAP Rex Cousail Se hurgaming representative (basis of authority to sign agreement) Date: 10/11/2022 Signed for and on behalf of the Regional Express in the presence Holdings Limited by: of: Dance Q (signature of authorised person/bargaining representative) (signature of witness) NEVILLE HOWELL PAULA TRAN (name of authorised person/bargaining representative) (name of witness) 81.83 BAXTER RD MASCOT NSW 2020. (address of authorised person/bargaining representative CHIEF OPERATING OFFICER (basis of authority to sign agreement) Date: 15/11/ 2022 94
95
APPENDIX 1
Original roster Final roster Duty day for back pay calculation
Annual leave Annual leave No
Reserve Assigned duty Yes
Restricted reserve Assigned duty Yes
Training Reserve Assigned duty Yes
SOC Assigned duty Yes
Rostered duty Assigned duty (ex RARSV
or Reserve)
Yes
Bank day Bank day Yes
RDO Bank day No
Rostered duty Bank day Yes
Reserve Bank day Yes
Rostered duty CAO48 day Yes
Annual leave Casual day duty No
Long service leave Casual day duty No
RDO Casual day duty No
Long service leave Long service leave No
LWOP LWOP No
Parental leave Parental leave No
Annual leave Personal leave No
Reserve Personal leave Yes
Rostered duty Personal leave Yes
Personal leave Personal leave No
Rostered duty RARSV Yes
RDO RDO No
Reserve Reserve (not called) No, except "Yes" for first two
reserves per RP
96
Rostered duty Reserve (not called) (14
day duty change)
No
Restricted reserve Restricted reserve No
Rostered duty Rostered duty Yes
SOC SOC No
Rostered duty SOC Yes
Reserve SOC No, except "Yes" for first two
reserves per RP
Training Reserve Training Reserve (not
called)
No
