1
Fair Work Act 2009
s.185—Enterprise agreement
Auriga Aviation Pty Ltd
(AG2024/4703)
AURIGA AVIATION HELICOPTER ENGINEERS ENTERPRISE
AGREEMENT 2024
Maritime industry
COMMISSIONER HUNT BRISBANE, 17 JANUARY 2025
Application for approval of the Auriga Aviation Helicopter Engineers Enterprise Agreement
2024
[1] Auriga Aviation Pty Ltd (the Employer) has applied for approval of an enterprise
agreement known as the Auriga Aviation Helicopter Engineers Enterprise Agreement 2024 (the
Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).
The Agreement is a single-enterprise agreement.
[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made
a number of changes to enterprise agreement approval processes in Part 2-4 of the Act,
commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2)
was 4 October 2024 and the Agreement was made on 15 November 2024. Accordingly, the
genuine agreement requirements and the better off overall test requirements are those applying
on and from 6 June 2023.
[3] The Fair Work Commission (the Commission) raised certain concerns regarding the
Agreement with the Employer, and as a result, the Employer has provided written undertakings.
A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought
the views of the Australian Licensed Aircraft Engineers Association (ALAEA) and the
Australian Workers’ Union (AWU) regarding the undertakings, allowing a period of two
business days from receipt of the undertakings to provide any views. No views were received.
[4] I am satisfied that the undertakings will not cause financial detriment to any employee
covered by the Agreement and that the undertakings will not result in substantial changes to the
Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3)
of the Act, I note that the undertakings are taken to be a term of the Agreement.
[5] The Agreement does not contain a workplace delegates’ rights term as required under
s.205A of the Act for agreements made on or after 1 July 2024. Pursuant to s.205A(2) of the
[2025] FWCA 192
DECISION
FairWork
Commission
AUSTRALIA FairWork Commission
[2025] FWCA 192
2
Act, the workplace delegates’ rights term prescribed by the Airline Operations—Ground Staff
Award 2020 is attached to the Agreement and taken to be a term of it.
[6] I have taken into consideration the material filed in the Commission. Subject to the
undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188
and 190 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 s.186(3) and (3A) I
am satisfied that the group of employees was fairly chosen.
[7] The ALAEA and the AWU, each being bargaining representatives for the Agreement,
have given notice under s.183 that they want to be covered by the Agreement. In accordance
with s.201(2) of the Act I note that the Agreement covers the ALAEA and the AWU.
[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
24 January 2025. The nominal expiry date of the Agreement is 1 July 2028.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
AE527654 PR783420
FAIR WORK HE en COM MMISSION AUSTRALI SEAL THE
[2025] FWCA 192
3
Annexure A – Undertakings
IN THE FAIR WORK COMMISSION
Matter No.: AG2024/4703
Applicant : Auriga Aviat.ion Pty Ltd
14 January 2025
Section 185 of t he Fair Work Act 2009 (Cth) - Application for approval of a single ent erprise
agreement
SUPPLEMENTARY UNDERTAKINGS - SECTION 190
I, Peter Wrigley, Employment Lawyer for Auriga Group Pty Ltd and its entit ies, including t he
Applicant, give the following undertakings wit h respect to t he Aurl ga Aviation Helicopter Engineers
Enterprise Agreement 2024 (the Agreement):
1. I have been authorised by t he Applicant to provide this undertaking in relat ion to t he
application before t he Fair Work Commission.
2. This undertaking is made In accordance w ith sect ion 190 o f the Fair Work Act 2009(Ct h) (the
Act) and t he Applicant understands t hat this undertaking w ill be t aken to be a term of the
Agreement pursuant to section 191 of t he Act.
3. The Applicant undertakes that:
a. For t he purpose of the Nat ional Employment Standards (NES), t he following
definit ion of a " shiftworker", as it relates to annual leave, is to be Incorporated into
the Agreement:
• A shiftworler Is a 7 day shiftworker who i s regularly rostered on Sundays
and public holidays In a business in which shifts are continuously rostered 24
hours a day far 7 days a week"
b. For t he purpose of the NES, compassionate Leave Is available to employees purs•uant
to entit lements in the N ES. Those enti tlement s provide compassionate leave for
stillbirths or miscarriages.
c. Notice regarding personal/carers' leave is to be given to the employer pursuant Ito
the condit ions in se et ion 107 of the Act, which allows for the notice to be given t o
the employer as soon as practicable (which may be a time after t he leave has
started).
d. Clause 41.3 of the Agreement Is be substituted with the following clause:
"By agreement between the Company and an Engineer, other days may be
substituted.for the said days or any of them"
Signed for and on behalf of the Applicant
Name:
capacity:
Dated:
Peter Wrigley
Employment Lawyer
14 January 2025
1
IN THE FAIR WORK COMMISSION Matter No .: AG2024/4703 Applicant: Auriga Aviation Pty Ltd 14 January 2025 Section 185 of the Fair Work Act 2009 (Cth) - Application for approval of a single enterprise agreement SUPPLEMENTARY UNDERTAKINGS - SECTION 190 I, Peter Wrigley, Employment Lawyer for Auriga Group Pty Ltd and its entities, including the Applicant, give the following undertakings with respect to the Auriga Aviation Helicopter Engineers Enterprise Agreement 2024 (the Agreement): 1. I have been authorised by the Applicant to provide this undertaking in relation to the application before the Fair Work Commission. 2. This undertaking is made in accordance with section 190 of the Fair Work Act 2009(Cth) (the Act) and the Applicant understands that this undertaking will be taken to be a term of the Agreement pursuant to section 191 of the Act. 3. The Applicant undertakes that: a. For the purpose of the National Employment Standards (NES), the following definition of a "shiftworker", as it relates to annual leave, is to be incorporated into the Agreement: "A shiftworker is a 7 day shiftworker who is regularly rostered on Sundays and public holidays in a business in which shifts are continuously rostered 24 hours a day for 7 days a week" b. For the purpose of the NES, compassionate Leave is available to employees pursuant to entitlements in the NES. Those entitlements provide compassionate leave for stillbirths or miscarriages. C. Notice regarding personal/carers' leave is to be given to the employer pursuant to the conditions in section 107 of the Act, which allows for the notice to be given to the employer as soon as practicable (which may be a time after the leave has started). d. Clause 41.3 of the Agreement is be substituted with the following clause: "By agreement between the Company and an Engineer, other days may be substituted for the said days or any of them" Signed for and on behalf of the Applicant Name: Peter Wrigley Capacity: Employment Lawyer Dated: 14 January 2025 1
Auriga Aviation Helicopter Engineers
Enterprise Agreement 2024
A
AURIGA
I
AURIGA V
MorganJ
Draft
Auriga Aviation Helicopter Engineers Enterprise Agreement 2024
Page 2 of 47
INDEX TO THE AGREEMENT
PART 1 AGREEMENT ADMINISTRATION .................................................................................................. 4
1. Agreement Title ..................................................................................................................................... 4
2. Parties Bound ......................................................................................................................................... 4
3. Scope of the Agreement ........................................................................................................................ 4
4. Duration of the Agreement .................................................................................................................... 4
5. Re-Negotiation of Agreement ................................................................................................................ 4
6. NES and the Fair Work Act ..................................................................................................................... 4
7. No Extra Claims ...................................................................................................................................... 5
8. Definitions .............................................................................................................................................. 5
PART 2 WORKPLACE CONSULTATION AND FLEXIBILITY ............................................................................ 8
9. Consultation regarding major workplace change .................................................................................. 8
10. Dispute resolution Process................................................................................................................... 10
11. Workplace Flexibility ............................................................................................................................ 10
PART 3 BASIS OF EMPLOYMENT ............................................................................................................ 11
12. Employment Security ........................................................................................................................... 11
13. Probation ............................................................................................................................................. 12
14. Apprentices .......................................................................................................................................... 12
15. Permanent Engineers ........................................................................................................................... 12
16. Stand Down .......................................................................................................................................... 12
17. Obligations ........................................................................................................................................... 12
18. Utilisation of Engineering Staff ............................................................................................................ 13
19. Work in Remote or Overseas Locations ............................................................................................... 13
20. Fatigue Management ........................................................................................................................... 13
21. Change between fixed base duty and touring duty ............................................................................. 14
PART 4 HOURS OF WORK ...................................................................................................................... 14
22. Ordinary Hours of Work ....................................................................................................................... 14
23. Overtime .............................................................................................................................................. 17
24. Cyclones and inclement weather ......................................................................................................... 19
PART 5 CLASSIFICATION STRUCTURE AND RATES OF PAY ...................................................................... 19
25. Classification Structure ........................................................................................................................ 19
26. Payment of Wages ............................................................................................................................... 20
PART 6 ALLOWANCES, EXPENSES AND SUPERANNUATION ENTITLEMENTS .......................................... 20
27. Allowances ........................................................................................................................................... 20
28. Reimbursement of Expenses ................................................................................................................ 25
29. Superannuation ................................................................................................................................... 26
30. Travel Insurance and Security Clearances ............................................................................................ 26
31. Indemnity/Insurance and Indemnity for third party claim .................................................................. 26
32. Accident Top Up Pay ............................................................................................................................ 27
33. Accident/Incident Investigation ........................................................................................................... 27
34. Disciplinary Matters ............................................................................................................................. 28
35. Hearing and Eyesight Tests .................................................................................................................. 28
PART 7 LEAVE AND PUBLIC HOLIDAYS ................................................................................................... 29
36. Annual Leave – All Engineers ............................................................................................................... 29
37. Personal/Carers Leave ......................................................................................................................... 30
38. Long Service Leave ............................................................................................................................... 30
39. Compassionate Leave .......................................................................................................................... 30
40. Community Service Leave .................................................................................................................... 31
41. Public Holidays – 5/2 Fixed Base Engineers ......................................................................................... 31
42. Parental Leave...................................................................................................................................... 31
PART 8 TERMINATION OF EMPLOYMENT .............................................................................................. 34
43. Termination of Employment ................................................................................................................ 34
Auriga Aviation Helicopter Engineers Enterprise Agreement 2024
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44. Redundancy ......................................................................................................................................... 35
PART 9 SIGNATORY PAGES ........................................................................................................................ 39
SCHEDULE 1 – SALARIES ............................................................................................................................ 41
SCHEDULE 2: ALLOWANCES ................................................................................................................... 43
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PART 1 AGREEMENT ADMINISTRATION
1. Agreement Title
This Agreement will be known as the Auriga Aviation Helicopter Engineers Enterprise
Agreement 2024.
2. Parties Bound
2.1. This Agreement covers:
2.1.1. Auriga Aviation Pty Ltd (ACN 154 586 526); and
2.1.2. each Engineer in the classifications contained in Schedule 1.1 employed
by the Company to perform work on or associated with Company and/or
customer helicopters; and
2.1.3. the ALAEA and AWU, subject to agreement and approval by the Fair
Work Commission.
2.2. For the purposes of this Agreement, the following management positions are not
covered by this Agreement:
2.2.1. Head of Engineering; and
2.2.2. Manager, Engineering Services.
The titles and number of management and leadership positions may change at
the Company’s discretion.
3. Scope of the Agreement
3.1. This Agreement will apply to the employment of Engineers whose classifications
appear in clause 25 of this Agreement.
3.2. The terms of this Agreement override all the provisions of the Award (or its
successor), and to the extent of any inconsistency with the Company’s
administrative policies and procedures, where they relate to the Engineers
covered by this Agreement.
3.3. This Agreement covers Engineers based in Australia. From time to time those
Engineers may undertake work overseas, including training or other duties
associated with helicopters.
4. Duration of the Agreement
4.1. This Agreement comes into operation 7 days after it is approved by the Fair Work
Commission, pursuant to section 54 of the Act.
4.2. The nominal expiry date of the Agreement is 1 July 2028.
4.3. This Agreement will remain in force after the nominal expiry date until terminated
or replaced in accordance with the Act.
5. Re-Negotiation of Agreement
5.1. The parties agree to meet within not less than six months of the nominal expiry
date of this Agreement to commence discussions about a new agreement.
5.2. The terms of this Agreement will continue until the parties have negotiated a
replacement agreement or this Agreement is terminated.
6. NES and the Fair Work Act
6.1. This Agreement will be read and interpreted in conjunction with the National
Employment Standards (NES). Where there is an inconsistency between this
Agreement and the NES, and the NES provides a greater benefit, the NES
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provision will apply to the extent of the inconsistency.
6.2. Changes to the NES and the Fair Work Act that come into effect during the term
of this Agreement will apply to this Agreement.
7. No Extra Claims
7.1. Except as provided for in this Agreement, no extra claims relating to the
relationship of the Company and its Engineers, whether dealt with in this
Agreement or not, will be made until the expiry date of this Agreement, except
where the claim relates to workplace flexibility requirements protected under the
Award and the NES.
7.2. Despite clause 7.1, leave is reserved for either party to re-open any relevant
clauses of this Agreement should there be any change in CASA’s regulations or
licensing system which affect such clauses. This will be dealt with in accordance
with the Consultation Clauses in Part 2.
8. Definitions
In this Agreement:
“Accident” means an occurrence associated with the operation of the aircraft which
results in:
• the death or serious injury of any person suffering; or
• serious damage to an aircraft or property.
“ALAEA” means Australian Licenced Aircraft Engineers Association.
“AWU” means Australian Workers Union.
“Act” means the Fair Work Act 2009 (Cth) as amended from time to time or its successor.
“Agreement” means this Enterprise Agreement.
“Award” means the Airline Operations – Ground Staff Award 2020 and its successors.
“Base salary” means the annual salary at the respective anniversary year level but
exclusive of all allowances. Refer to Schedule 1.1.
“CASA” means the Civil Aviation Safety Authority or any successor organisation.
"Casual Employee" means an Engineer engaged and paid as such on an hourly basis
without an expectation of regular employment, but who can maintain an ongoing
relationship with the Company. Casual Employees are not entitled to leave; however, they
are paid a 25% loading on the base salaries prescribed by this Agreement to
compensate.
“Company” means Auriga Aviation Pty Ltd.
“Day” means a calendar day between the local hours of midnight to midnight.
“Dependant” means:
(a) spouse or de facto partner living with the Engineer; or
(b) a child under eighteen years of age, unemployed or working part-time and earning
less than $10,000 per annum, who lives full time with the Engineer.
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“Daily Travel Allowance” or “DTA” means the rate applicable as defined by the
Australian Tax Office and only for those parts of the day payable based on times of travel.
“Duty away” means duty that commences or finishes at a location other than an
Engineer’s Home Base. Duty away excludes a situation where the Engineer departs from
and returns to his Home Base on the same day or the same shift.
“Duty Travel” means whenever the Engineer is required by the Company to undertake
any travel, other than as a crew member on an aircraft, in the service of the Company,
including travel for training and travel for the purpose of taking up a new base, but
excludes commuting between their place of residence and their Home Base. Unless
otherwise on duty before or after a flight, duty time for domestic air travel will normally
commence 60 minutes prior to the scheduled departure time and conclude 30 mins after
the arrival time of the flight.
“Engineer” means an employee of the Company who is covered by the scope of this
Agreement.
“Fixed Base Engineer” means an Engineer who is located at a Home Base that has
been nominated by the Company as a fixed base. A Fixed Base Engineer works either a
5 on 2 off Monday to Friday roster or an 8 on 6 off roster covering all days of the week.
“Home Base” as specified in the Engineer’s offer of employment, or subsequently varied
by agreement in writing, means:
(a) for a Fixed Base Engineer, the location of the Company’s Operational Base; or
(b) for a Touring Engineer, the airport location(s) closest to their permanent residence
which will be specified in the offer of employment or otherwise varied by agreement.
A Home Base airport for a Touring Engineer will be an airport with suitable regional or
domestic scheduled airline services (as it relates to frequency and connections) to meet
rostering requirements.
“Immediate family” the following are members of an Engineer’s immediate family:
(a) a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the
Engineer; and
(b) a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of
the Engineer.
“Incident” means an occurrence, other than an accident, associated with the operation
of an aircraft which affects or could affect the safety of the operation.
“NES” means the National Employment Standards of the Act.
“Oil and Gas Operations” means regular transportation of people or goods to/from
remote fixed or floating oil and gas facilities over water on behalf of a client for the specific
purpose of oil and gas exploration or production. This excludes medical transport, search
and rescue, renewable energy generation, marine pilot transfer and ad-hoc charter
operations.
“Operating Base” means a location appointed by the Company as a fixed or temporary
operating/maintenance base. An Operating Base may be a single location or a group of
locations within a reasonable distance of each other. For example, Port Hedland means
Port Hedland Airport and Pilbara Ports Helipad; Hay Point includes Mackay; and
Redcliffe, Archerfield and Brisbane Airport are considered part of Brisbane.
“Permanent Employee” means an Engineer engaged on a contract of hiring that is not
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as a Casual Employee.
“Salary” and “Normal Salary” means an Engineer’s base salary and any taxable, non-
variable responsibility allowances. It excludes DTA, overtime, and other variable
allowances.
“Senior Base Engineer” (SBE) means an Engineer appointed by the Company to
perform duties relating to administration, supervision of Engineers, and client coordination
at a designated operating base.
“Suitable Accommodation” means furnished accommodation that is quiet and free from
factors which may affect adequate rest, has air-conditioning and/or heating as
appropriate, in accordance with Schedule 3 of this Agreement.
“Touring Engineer” means an Engineer who is employed by the Company to work either
at their Home Base or another Operating Base, on an agreed roster pattern (15 days on
tour and 13 days off tour). The roster pattern is to be agreed upon by both the Engineer
and the Company at the time of employment and will not be changed unless mutually
agreed upon.
“Union” means the Australian Licenced Aircraft Engineers Association (ALAEA) and/or
the Australian Workers Union (AWU).
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PART 2 WORKPLACE CONSULTATION AND FLEXIBILITY
9. Consultation regarding major workplace change
9.1. This term applies if the Company:
9.1.1. is considering introducing 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 Engineers; or
9.1.2. is considering introducing a change to the regular roster or ordinary hours
of work of Engineers that are covered in this Agreement.
Major Change
9.2. For a major change referred to in clause 9.1:
9.2.1. the Company must notify the relevant Engineers of the major change;
and
9.2.2. clauses 9.3 to 9.10 apply.
9.3. The relevant Engineers may appoint a representative for the purposes of the
procedures in this term.
9.4. If:
9.4.1. a relevant Engineer appoints, or relevant Engineers appoint, a
representative for the purposes of consultation; and
9.4.2. the Engineer or Engineers advise the Company of the identity of the
representative;
the Company must recognise the representative.
9.5. As soon as practicable after consultation commences, the Company must:
9.5.1. discuss with the relevant Engineers:
9.5.1.1. the introduction of the change; and
9.5.1.2. the effect the change is likely to have on the Engineers; and
9.5.1.3. alternative options and measures the Company is taking to
avert or mitigate (if any) the adverse effect on Engineers; and
9.5.2. for the purposes of the discussion, provide, in writing, to the relevant
Engineers:
9.5.2.1. all relevant information about the change under consideration;
and
9.5.2.2. information about the expected effects of the change on the
Engineers; and
9.5.2.3. any other matters likely to affect the Engineers.
9.6. The Company must give prompt and genuine consideration to matters raised
about the major change by the relevant Engineers.
9.7. However, the Company is not required to disclose confidential or commercially
sensitive information to the relevant Engineers.
9.8. If a term in this Agreement provides for a major change to production, program,
organisation, structure, or technology in relation to the enterprise of the Company,
the requirements set out in clause 9.2.1and clauses 9.3 and 9.5 are taken not to
apply.
9.9. In this term, a major change is likely to have a significant effect on Engineers if it
results in:
9.9.1. the redundancy of Engineers; or
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9.9.2. major change to the composition, operation, or size of the Company's
workforce or to the skills required of Engineers; or
9.9.3. the elimination or diminution of job opportunities (including opportunities
for promotion or tenure); or
9.9.4. the alteration of hours of work; or
9.9.5. the need to retrain Engineers; or
9.9.6. the need to relocate Engineers to another workplace; or
9.9.7. the restructuring of jobs.
9.10. The Engineers or their nominated representatives must not delay or impede
consultation timings and must make themselves available within Company time
to consult on any and all matters being raised.
Change to regular roster or ordinary hours of work
9.11. For a change referred to in clause 9.1.2:
9.11.1. the Company must notify the relevant Engineers of the change under
consideration; and
9.11.2. clauses 9.12 to 9.17apply.
9.12. The relevant Engineers may appoint a representative for the purposes of the
procedures in this term.
9.13. If:
9.13.1. a relevant Engineer appoints, or relevant Engineers appoint, a
representative for the purposes of consultation; and
9.13.2. the Engineer or Engineers advise the Company of the identity of the
representative;
the Company must recognise the representative.
9.14. As soon as practicable after consultation commences, the Company must:
9.14.1. discuss with the relevant Engineers the new hours of work being
considered; and
9.14.2. for the purposes of the discussion--provide to the relevant Engineers:
9.14.2.1. all relevant information about the new hours of work being
considered, and
9.14.2.2. information about what the Company reasonably believes will
be the effects of the new hours of work on the Engineers; and
9.14.2.3. information about any other matters that the Company
reasonably believes are likely to affect the Engineers; and
9.14.3. invite the relevant Engineers to give their views about the impact of the
change under consideration, alternatives, and any impact in relation to
their family or caring responsibilities.
9.15. The Company must give prompt and genuine consideration to matters raised
about the change by the relevant Engineers and detail in writing how the Engineer
will be equal to or better off overall in relation to the terms and conditions of their
employment as a result of the change.
9.16. However, the Company is not required to disclose confidential or commercially
sensitive information to the relevant Engineers.
9.17. The Engineers or their nominated representatives must not delay or impede
consultation timings and must make themselves available within Company time
to consult on any and all matters being raised.
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9.18. In this term:
9.19. "relevant Engineers" means the Engineers who may be affected by a change
referred to in clause 9.1.
10. Dispute resolution Process
10.1. In the event of a dispute about a matter under this Agreement, or a dispute in
relation to the NES or the general protection provisions of the Act, in the first
instance the parties must attempt to resolve the matter at the workplace by
discussions between the Engineer or Engineers concerned and the relevant
supervisor. If such discussions do not resolve the dispute, the parties will engage
in the dispute resolution process below.
10.2. The Company or Engineer may appoint another person, organisation or
association to accompany and/or represent them at any stage for the purposes
of dispute resolution. Such representation is not to negate or absolve either party
for remaining engaged in the dispute resolution process
10.3. While the dispute resolution procedure is being conducted, work must continue
in accordance with this Agreement and the Act. Subject to applicable
occupational health and safety legislation, an Engineer must not unreasonably
fail to comply with a direction by the Company to perform work, whether at the
same or another workplace that is safe and appropriate for the Engineer to
perform.
Stages
10.4. First Stage - Once a dispute arises the Party shall notify Human Resources staff
who shall refer the dispute to the officer of the Company authorised under this
Agreement to resolve the dispute who shall unless otherwise agreed, meet and
confer with the Party or Parties and/or their representative within three business
days.
10.5. Second Stage – If the dispute is not resolved at the first stage, the Parties may
refer the dispute to the General Manager of the Company and, unless otherwise
agreed, meet and confer with the Party or Parties and/or their representative
within 7 business days from the conclusion of the meeting under the first stage.
10.6. Third Stage – If the dispute remains unresolved following the first and second
stages, the dispute may be referred to the FWC for resolution by mediation and/or
conciliation and arbitration. If arbitration is necessary FWC may exercise the
procedural powers in relation to hearings, witnesses, evidence, and submissions
which are necessary to make the arbitration effective.
11. Workplace Flexibility
The Company and Engineer covered by this Agreement may agree to make an individual
flexibility arrangement to vary the effect of terms of the Agreement if:
11.1. the individual flexibility arrangement deals with one or more of the following
matters:
11.1.1. arrangements about when work is performed;
11.1.2. overtime rates;
11.1.3. penalty rates;
11.1.4. allowances;
11.1.5. leave loading; and
11.2. the arrangement meets the genuine needs of the Company and Engineer in
relation to one or more of the matters mentioned in clause 11.1; and
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11.3. the arrangement is genuinely agreed to by the Company and Engineer.
11.4. The Company must ensure that the terms of the individual flexibility arrangement:
11.4.1. are about permitted matters under section 172 of the Act 2009; and
11.4.2. are not unlawful terms under section 194 of the Act 2009; and
11.4.3. result in the Engineer being better off overall than the Engineer would be
if no arrangement was made.
11.5. The Company must ensure that the individual flexibility arrangement:
11.5.1. is in writing; and
11.5.2. includes the name of the Company and Engineer; and
11.5.3. is signed by the Company and Engineer. If the Engineer is under 18 years
of age, signed by a parent or guardian of the Engineer; and
11.5.4. includes details of:
11.5.4.1. the terms of the Agreement that will be varied by the
arrangement; and
11.5.4.2. how the arrangement will vary the effect of the terms; and
11.5.4.3. how the Engineer will be better off overall in relation to the terms
and conditions of their employment as a result of the
arrangement; and
11.5.4.4. states the day on which the arrangement commences.
11.6. The Company must give the Engineer a copy of the individual flexibility
arrangement within 14 days after it is agreed to.
11.7. The Company or Engineer may terminate the individual flexibility arrangement:
11.7.1. by giving no more than 28 days written notice to the other party to the
arrangement; or
11.7.2. if the Company and Engineer agree in writing — at any time.
PART 3 BASIS OF EMPLOYMENT
12. Employment Security
12.1. The Company may engage an Engineer on a permanent full-time, permanent
part-time, or casual basis.
12.2. The Company may engage an Engineer for a specified period of time for a
specified task or for a specified project or specified stage of a project. Unless the
Award or the Act provides otherwise, at the end of that period, the fixed-term
employee’s contract will come to an end and there is no guarantee of ongoing
work, nor any entitlement to redundancy or notice of termination.
12.3. An Engineer shall not be made redundant, or otherwise adversely affected, while
the Company engages, or plans to engage, contractors to perform work that is
covered by this Agreement, unless the Engineer being made redundant refuses,
or is genuinely unable, to be assigned work at another Operating Base as
required by the Company.
12.4. An Engineer shall not have their employment with the Company adversely
impacted by any disciplinary termination, redundancy or purported stand down as
a result of the impact on mobilisation due to border restrictions or closures,
Government directions or orders, or Company directions. This clause does not
apply if the direction by the Company is considered lawful and reasonable at the
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time of giving the direction.
12.5. Where an Engineer is subject to a quarantine or isolation period related to
government, client or Company imposed COVID-19 (or equivalent) travel
restrictions associated with mobilising to and from their Home Base and the
Operating Base, this will be considered duty time at full pay. The Company shall
provide the Engineer with accommodation for the duration of the quarantine or
isolation period away from Home Base, except where the accommodation is
provided by the Government. The Company shall endeavour to provide
accommodation inclusive of a balcony where available, reasonable and
economical.
12.6. If an Engineer is ineligible for any reason to obtain a required security clearance
for the purposes of performing their role, and the Company cannot reasonably
deploy the Engineer to a location that does not require the security clearance, the
Engineer will be deemed unable to fulfil the inherent requirements of their role
and employment may be terminated.
13. Probation
13.1. All new permanent and part time Engineers will be provided with a Fair Work
Information Statement and placed on a probationary period for either:
13.1.1. No more than six months, or
13.1.2. No more than three months.
13.2. In the event that the Engineer’s work performance, attendance or conduct proves
unsatisfactory during the course of the probationary period, the Company may
terminate the employment of the Engineer by providing one weeks’ notice or by
payment in lieu thereof (Probationary employees are not subject to the Disputes
Resolution Process).
13.3. The Company will review the performance of a probationary Engineer and provide
regular and timely feedback to the Engineer.
13.4. The Company reserves its right to summarily dismiss a probationary Engineer in
the event that they have engaged in serious or wilful misconduct.
14. Apprentices
14.1. An apprentice will be paid in accordance with Schedule 1.1.
14.2. All other provisions relating to apprentices will be governed by the appropriate
legislation in the State that the apprenticeship is entered into.
15. Permanent Engineers
15.1. All permanent full-time Engineers will be employed to work for an average of 38
hours per week plus reasonable additional hours on an agreed roster pattern.
16. Stand Down
16.1. The Company may stand an Engineer down, without pay, during a period in which
the Engineer cannot be usefully employed because of industrial action, other than
industrial action organised or engaged in by the Company or a party that is not a
party to this Agreement.
17. Obligations
17.1. An Engineer must:
17.1.1. comply with safety and cleanliness regulations prescribed by regulation
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and/or determined by the Company;
17.1.2. attend safety meetings, drills and training when requested by the
Company;
17.1.3. observe regulations, Company policy, and quality management systems
as communicated to Engineers by the Company from time to time;
17.1.4. use any protective clothing and equipment provided by the Company;
17.1.5. undertake duties as directed within the limits of his or her competence,
including duties of a lower category in the classification system and all
tasks covered by the Engineer’s licence; and
17.1.6. when requested by the Company, perform a reasonable amount of
overtime.
17.2. The Company must:
17.2.1. Observe regulations, Company policy, and quality management
systems as communicated to Engineers by the Company from time to
time.
18. Utilisation of Engineering Staff
18.1. Fixed Base Engineers can only be transferred to another Operating Base by
mutual agreement between the Company and the Engineer. If a Fixed Base
Engineer is temporarily assigned to another Operating Base, they are entitled to
the relevant Duty Travel conditions of this Agreement.
18.2. Touring Engineers can only have their Home Base transferred to another location
by mutual agreement between the Company and the Engineer. A Touring
Engineer may be required to work in an Operating Base.
18.3. An Engineer will not be required to operate in hostile or warlike areas, but the
Company may request volunteers. Prior to the commencement of such
operations, the Company will confer with the Engineers involved regarding their
protection, additional insurance, allowances, accommodation, security and the
actions to be taken in the event of imprisonment.
18.4. Whenever an Engineer is required by the Company to undertake any Duty Travel,
the Engineer will be provided with a reasonable class of travel and transit
accommodation. All domestic and international air travel will be economy class.
The flights will be booked at the discretion of the Company.
18.5. For all such Duty Travel there will be no expense to the Engineer. This excludes
personal discretionary expenses of the Engineer (e.g. personal items, baggage
and travel good, gifts, recreational activities, lounge access etc).
18.6. Engineers will not be required by the Company to travel in single-engine piston-
powered aircraft unless there is no other reasonable alternative.
19. Work in Remote or Overseas Locations
19.1. Where the Company requires an Engineer to work in remote or overseas
locations, the Company will maintain appropriate travel insurance for the
Engineer and will make every reasonable effort to transport or repatriate the
Engineer to a medical facility of an Australian public hospital standard should they
become ill or injured.
20. Fatigue Management
20.1. All Engineers will work reasonable hours to meet the operational needs of the
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Company, provided that such hours are worked in accordance with the
Company’s fatigue management principles and the working hours policy outlined
below.
20.2. Working Hours Policy
20.2.1. An Engineer required to work in excess of a 12 hour period, regardless
of the activity being performed, is to seek prior approval from Head of
Engineering or their authorised delegate. Further, the event is to be
formally annotated in the Company’s internal safety reporting system.
20.2.2. Working beyond a 12-hour period will be subject to a risk assessment,
and if the Engineer determines that they are too fatigued to work beyond
a 12-hour period, the Engineer is entitled not to do so.
20.2.3. Except in exceptional controlled circumstances, no Engineer is to work in
excess of 16 hours in any 24 hour period.
20.2.4. When granting approval to work in excess of 12 hours, the following
factors should be considered:
20.2.4.1. Previous work pattern (i.e.; number of days worked prior without
adequate rest, etc.); and
20.2.4.2. Physical and mental approach of the individual to carry out the
assigned tasks.
20.2.5. Any shift worked in excess of 12 hours requires a minimum break period
of 10 hours before the commencement of the Engineer’s next shift.
20.2.6. The above clauses do not apply to a split shift that has been agreed
between Company and an Engineer, where the total hours worked across
a day is less than the hours prescribed above.
21. Change between fixed base duty and touring duty
21.1. A Fixed Base Engineer may transfer to a touring role, or a Touring Engineer may
be deployed to a Fixed Base Engineer’s role. In these circumstances, the relevant
terms and conditions of the Agreement (Fixed Base or Touring) will apply for the
duration of the deployment. Any change must be made by mutual agreement.
PART 4 HOURS OF WORK
22. Ordinary Hours of Work
22.1. The ordinary hours of work for all full-time Engineers will be based on 38 hours
per week, implemented to suit the operational and site conditions of the Operating
Base.
22.2. The normal work hours of full-time Engineers are detailed in the table below:
Roster
Pattern
% Days
Worked
Workdays
Per
Annum
Ordinary
Hours Per
Shift
Unpaid
Break Hours
Per Shift
Ordinary
Shift with
Breaks
15/13 53.57% 195.5 10h 08 N/A 10h 08
8/6 57.14% 208.6 9h 30 1h 00 10h 30
5/2 71.43% 260.7 7h 36 0h 54 8h 30
# Annual Hours 38hrs per week * 52.14 weeks = 1,981
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22.3. The table in clause 22.2 details the typical and average shift length required under
various standard roster patterns. The actual shift lengths may vary within a roster
period based on the operational requirements, in accordance with the limitations
of this Agreement and working hours policy in clause 20.2.
Breaks
22.4. Engineers are entitled to take a rest break (either paid or unpaid) of 30 minutes
for every 5 hours of work. The timing of any rest breaks will, where possible, be
mutually agreed taking operational requirements into consideration. An Engineer
is not entitled to take a rest break after the completion of all other tasks which
would result in an extension to the duty period.
22.5. A shift time may include both paid and unpaid breaks. Paid breaks are included
within the ordinary hours per shift and unpaid breaks are in addition to the ordinary
hours in accordance with the table at 22.2.
Make-Up Time
22.6. An Engineer may elect, with the consent of the Company, to work make-up time.
Make-up time occurs when it is agreed that an Engineer can take time off during
their scheduled roster period, and work those hours at another time during the
roster period. Make-up time is paid at the same rate which would have been
applicable to the hours taken off.
Roster Periods
22.7. Rosters will be compiled to cover a minimum period of 28 days and published not
less than 10 days prior to the commencement of the roster period.
Fixed Base Engineers
22.8. Fixed Base Engineers will be rostered to work on either:
22.8.1. a 5/2 roster pattern on weekdays (Monday to Friday inclusive, excluding
public holidays), normally between the hours of 0600 to 1800 local time;
22.8.2. or 8 days on and 6 days off; or
22.8.3. 15 days on and 13 days off.
22.9. The working hours may be rostered to suit operational needs on the day.
22.10. The Company may alter the roster(s) from time-to-time to meet operational
requirements after consultation and agreement with the majority of affected
Engineers.
22.11. Fixed Base Engineers working on an 8/6 or 15/13 roster acknowledge that
working on weekends and public holidays are requirements of the normal roster
rotation and all relevant shift allowances for these days are included in the Base
Salary.
Field Duty for Fixed Base Engineers
22.12. A Fixed Base Engineer may be requested to be on duty at a location away from
Home Base. This period of duty away will be described as a “Field Tour”. The
minimum period away from Home Base to be classified as a Field Tour will be no
less than one full night away.
22.13. Subject to the provisions of this Agreement, any Engineer working on a Field Tour
from Home Base may accrue Field Leave.
22.14. Field Leave is Time Off In Lieu taken when the ordinary hours of the Engineer
undertaking Field Duty exceed the hours that would have been worked in the
Fixed Base. For example, if longer shift times are worked in the field, the
Engineer will receive Field Leave on return to Home Base for the purpose of
rebalancing the ordinary hours in the roster period.
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22.15. Field Leave is only accrued when an Engineer is away from their Home Base for
the purpose of productive engineering work on an aircraft. It does not accrue, for
example, as a result of the following;
22.15.1. attendance at training courses;
22.15.2. participation in seminars & conferences;
22.15.3. Operating Base visits; or
22.15.4. other non-productive activities.
22.16. If an Engineer is on a Field Tour on a public holiday when they would otherwise
have been entitled to take the public holiday in their Home Base, an additional
day of Field Leave will be accrued for each public holiday.
22.17. Unused Field Leave may be paid out as mutually agreed. Unused Field Leave
will be paid out at the rate at which it is accrued. If unused Field Leave cannot
be taken at a mutually agreed period within 3 months of it being accrued, the
Engineer may request the unused Field Leave to be paid out.
22.18. While on a Field Tour an Engineer is required to work such hours as are
necessary to complete their functional duties and responsibilities.
22.19. Tours of duty away will be rostered and notified to an Engineer with at least 10
days’ notice, unless otherwise agreed with the Engineer.
22.20. The provisions of this clause may be varied in writing by mutual agreement
between the Company and the Engineers affected.
Touring Engineers
22.21. Touring Engineers will normally be rostered in a pattern consisting of 15 days on
duty and 13 days free from duty. The working hours may be planned to suit
operational needs on the day.
22.22. Touring Engineers acknowledge that working on weekends and public holidays
are requirements of the normal roster rotation and all relevant shift allowances for
these days are included in the Base Salary.
22.23. Where circumstances warrant, the Company may alter the roster(s) from time-to-
time to meet operational requirements after consultation and agreement with the
majority of affected Engineers.
22.24. The Company may adjust the roster patterns once in each calendar year, while
maintaining the same average hours, to assist with fair allocation of public
holidays including Christmas, school holidays and other significant recurring
events in consecutive years. This will usually be achieved by each Touring
Engineer performing a pattern of 22 days on and 20 days off.
22.25. In the event of a Declared State of Emergency issued by a State or Federal
Government, or restriction on travel imposed by the client or Company, and where
this affects the ability of Touring Engineers to maintain a regular touring roster,
flexible rostering with extended tours shall be worked until such time as the
emergency situation is resolved and air travel is back to normal.
22.26. Where there are no isolation restrictions in place during a Declared State of
Emergency, or restriction on travel imposed by the client or Company, the
Company supports, unless other mutually agreeable arrangements are made,
where circumstances permit and are appropriate and reasonable, Touring
Engineers in continuing to work the normal roster patterns as provided for in this
Agreement.
22.27. Duty Travel is conducted on duty days and the total duration of the duty (including
travel and other work) will comply with ordinary hours. Travel may occur at any
time on the calendar day considering flight schedules, handover periods, risk
mitigation and work required to be performed pre/post travel. The Company will,
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as far as reasonably practicable, ensure that an Engineer’s arrival time on return
to their Home Base is on the same rostered workday. For the purposes of this
clause, the Company has been deemed to have met its obligation, even if there
are travel delays outside of the Company’s control.
22.28. Where the existing travel in and travel out day is proposed by the Company to be
changed for a Touring Engineer, on an ongoing and permanent basis, and other
than in accordance with clause 22.25, then this can be done with the agreement
of the individual Engineer.
23. Overtime
23.1 Entitlement
23.1.1 All overtime must be approved in advance by the Head of Engineering
(or delegate) except for urgent work without notice that is reasonably
performed by the Engineer.
23.1.2 Only one type of overtime payment may apply for any overtime
performed at the same time. For example, working on a day off on
overtime with a shift extension attracts the same remuneration rate for
the extension.
23.1.3 Where an Engineer has been provided flexibility to determine the duty
periods they need to attend work, Engineers will reasonably try to adjust
their working hours on each day to best suit the local operational
requirements and to minimise unnecessary overtime.
23.1.4 An Engineer will be entitled to overtime when:
23.1.4.1 working on a rostered day off or leave day
23.1.4.2 required to extend a rostered shift duration by 15 minutes or
more;
23.1.4.3 recalled to work during a rest period on an existing work day;
23.1.4.4 attending certain events when not on duty;
in accordance with the provisions of clause 23.1.3.
23.2 Working on a Day Off or Leave Day
23.2.1 If the overtime arises from working on a rostered day off or leave day,
the Engineer will be entitled to payment or, if mutually agreed, TOIL lieu,
in accordance with this clause.
23.2.2 An Engineer required to work additional days on overtime away from
Home Base will be entitled to a full day rate (based on the standard shift
duration) for each additional calendar day away from Home Base
including travel days if applicable.
23.2.3 If the Company chooses to pay overtime, the Engineer’s rostered day
off will be deemed to have been taken and the time worked will be paid
at the hourly rate for overtime shown in Schedule 2.1.
23.2.4 If the Company permits the Engineer to take TOIL, the Engineer’s
rostered day off will be deemed not to have been taken. In which case
the Engineer will be credited with an equivalent amount of time off
actually worked (i.e. time for time), to be taken at a time mutually agreed
between the Engineer and the Company.
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23.3 Shift Extension
23.3.1 If the overtime arises because the Engineer is required to work in
excess of their rostered ordinary hours of duty on a particular shift by
more than 15 minutes, the Engineer will be entitled to overtime payment
in 30 minute intervals (or part thereof) or, if mutually agreed, TOIL, for
the duration the duty exceeded the ordinary hours.
23.3.2 Overtime is not payable for extensions of duty where the aggregate of
all duties in the roster period is less than 168 ordinary hours (pro-rata
when annual leave is taken in the period). The Company will not require
an Engineer to reduce subsequent shifts in the same roster period to
avoid paying overtime.
23.4 Recall
23.4.1 Where an Engineer is required to attend work during their off-duty
period on a duty day, during a period which is more than 60 minutes
after, or more than 60 minutes before the rostered duty period (e.g.,
being recalled to work), the Engineer will be paid overtime for the
additional period they returned to work in 30-minute intervals (or part
thereof), with a minimum payment for 2 hours.
23.4.2 Where an Engineer is recalled prior to the start of the next shift and
remains on duty through the start time of the next shift the overall duty
period extension will determine the overtime. For example, if the
Engineer is recalled 2 hours early but subsequently brings forward the
end time of the planned shift by the same amount, no overtime will be
payable.
23.4.3 An Engineer working a split shift and within the ordinary work hours is
not considered to have been recalled.
23.5 Attending Certain Events When Not on Duty
23.5.1 Where an Engineer agrees to attend a Company event/meeting, other
than training, in their own time outside of their rostered duty periods,
and it is approved by the Company, the Engineer will receive either:
23.5.1.1 Overtime payment of a minimum of four hours for the period
attending the duty period at a nominated location; or
23.5.1.2 Overtime (in 30-minute increments, or part thereof) for the
actual period spent online for a meeting with no nominated
location to attend (for example a virtual meeting).
23.6 Time Off in Lieu (TOIL)
23.6.1 Any TOIL, including when it is taken, must be by agreement between
an Engineer and the Company. The Company will confirm the agreed
TOIL in writing and keep accurate records of TOIL owed and taken.
23.6.2 The Company may identify periods of work over 3 roster periods (12-
week cycle) and nominate an Engineer with accrued TOIL to take the
TOIL. The time to take TOIL will be notified to the Engineer as soon as
practicable. By mutual agreement between the Engineer and the
Company, accrued time off in lieu may be carried over to the next
accrual period.
23.6.3 Overtime not taken as TOIL and not carried over to the next overtime
accrual period will be paid out in the Engineers next pay period in
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accordance with the prescribed hourly rate for overtime in Schedule 2.
23.6.4 An Engineer may request TOIL where they have accrued it under this
clause, and the Company may approve such a request.
23.6.5 Instead of the time off provisions contained in this subclause, for work
in excess of an Engineers rostered daily ordinary hours of duty, the
Engineer and the Company may agree that the Engineer will be paid for
the hours worked at the overtime rate in Schedule 2.
23.6.6 Field leave will not accrue on any overtime worked.
23.6.7 Any approved accrued TOIL not paid out or taken as provided in this
clause will be payable to an Engineer upon termination of employment
or annually at the Company’s discretion.
24. Cyclones and inclement weather
24.1. In the event that the Company's operations are affected by a cyclone or other
adverse weather event (which the Company will determine in its absolute
discretion), the following provisions will apply to Engineers who are directed by
the Head of Engineering (or nominated delegate) not to work, mobilise or de-
mobilise.
24.2. Engineers will continue to be paid their Annual Salary for the hours they would
have worked if they are ready, willing, and able to work, mobilise or de-mobilise;
and resume duty immediately following the 'all clear' being announced at the
Company's direction.
PART 5 CLASSIFICATION STRUCTURE AND RATES OF PAY
25. Classification Structure
An Engineer will be paid and classified in accordance with the following criteria, noting
however that the level of classification will only apply if the Engineer is currently working
on the Company operated aircraft specified for the classification level. If the aircraft the
Engineer is operating on changes, the Company has the right to change the classification
level of Engineers to correctly reflect the relevant level.
25.1 Apprentice
An Engineer who has entered into an Apprenticeship agreement with the
Company in accordance with the relevant state legislation.
25.2 A.M.E. Grade 1 (Aircraft Maintenance Engineer)
A tradesperson engaged in the maintenance, repair, overhaul, modification,
assembly and/or testing of helicopter systems, components, engines and/or
associated equipment, and who has completed an apprenticeship, but has less
than two years’ experience as an AME.
25.3 A.M.E. Grade 2 (Aircraft Maintenance Engineer)
A tradesperson engaged in the maintenance, repair, overhaul, modification,
assembly and/or testing of helicopter systems, components, engines and/or
associated equipment, and who has at least two years’ experience as an AME.
25.4 L.A.M.E. – Single Engine
A B1.3 and/or B2 LAME who holds licence categories applicable to single-engine
non type rated helicopters which are operated by the Company.
25.5 L.A.M.E. – Twin Engine
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An Engineer who holds a licence covering B1.3 and/or B2 and/or C categories
applicable to twin-engine helicopters which are operated by the Company. This
classification includes payment for up to two Company aircraft types.
26. Payment of Wages
26.1 Wages will be paid fortnightly by Electronic Funds Transfer.
26.2 Pay slips will be provided to Engineers, and details recorded and kept by the
Company in accordance with the Act.
26.3 Annual salaries do not include the Company’s compulsory superannuation
contributions.
PART 6 ALLOWANCES, EXPENSES AND SUPERANNUATION ENTITLEMENTS
27. Allowances
27.1 Engineering Qualifications – Maintenance Authority Allowance
27.1.1 If an Engineer holds a valid CASA maintenance authority or instrument
in at least one category B1.3 and/or B2, that Engineer is entitled to an
allowance that is 100% of the aircraft group licence payment per annum
for each valid maintenance authority he or she holds for that group, as
detailed in Schedule 2.
27.1.2 The licence allowance in subclause 27.1.1 is only payable to
maintenance authority holders if:
26.1.2.1 the maintenance authority scope includes fault finding,
rectification and any scheduled inspections up to but not
including a maintenance release inspection; and
26.1.2.2 the licences claimed are for aircraft operated by the Company
and that they are working on.
27.2 On-call Requirements
27.2.1 Senior Base Engineers are expected to be contactable outside scheduled
working hours. The Senior Base Engineer Allowance includes payment
for this responsibility.
27.3 Transport Allowances and Reimbursements
27.3.1 Where an Engineer, in the course of their employment, is required by the
Company to undertake any local travel by means of using taxi cabs or
public transport, the Engineer may be required to pay fares enroute, and
in such cases the Company will, on production of proper receipts,
reimburse the Engineer for all reasonable expenses incurred in such
travel.
27.3.2 An Engineer will not be required to use their private vehicle on the
Company’s business unless the Engineer so agrees. Where the
Company and an Engineer agree to the use of a private vehicle for the
Company’s purposes, the Engineer may claim the Private Vehicle
Transport Allowance set out in Schedule 2, subject to prior approval by
the Company for reimbursement.
27.3.3 Where an Engineer on account of duty, stays overnight at any designated
place away from their Home Base, the Company will provide the Engineer
with transport for work purposes. This may be a Company supplied
vehicle, hire car, taxi or other transport and may be shared with other
Engineers. The transport will be provided between the arrival airport and
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his or her place of accommodation during the duty away and return to the
airport at the time required. This will be at no cost to the Engineer.
27.4 First Aid Allowance
27.4.1 Where the Company requires an Engineer to hold a specific current
occupational first aid qualification, the Engineer will receive an allowance
as shown in Schedule 2.
27.5 Tool Reimbursement
27.5.1 After completion of any applicable probationary period, the Company will
reimburse an Engineer up to an amount as shown in Schedule 2 (with a
maximum accrual of two years) for the cost of supplying and maintaining
appropriate tools that have been substantiated by an expense claim.
27.5.2 All or part of this allowance can be claimed in a calendar year or pro-rata
in the commencement year from an Engineer’s joining date.
27.5.3 Any unclaimed portion of the Tool Allowance is cumulative over a two
year period and any unused allowance in a calendar year may be carried
over into the next period, up to a ceiling amount nominated in Schedule
2. An Engineer who ceases to be employed with the Company will only
be entitled to pro-rata portion of this allowance in any partial year of
employment. Any overpayment of tool allowance under this subclause
may be recovered by the Company from any monies owing to an
Engineer who resigns from employment.
27.5.4 The unused balance of the tool allowance is not payable to the Engineer
on termination.
27.5.5 The Company will provide for the use of Engineers, but retain ownership,
of all necessary power tools, special purpose tools, precision measuring
tools, wrenches over 25mm or 1” that are required to perform the task.
27.5.6 Where facilities exist, the Company will provide secure storage for
Engineer’s toolboxes.
27.5.7 Where an Engineer is required to take their own toolboxes or special tools
to Operating Bases or locations other than their Home Base, the
Company will insure the tools against accidental damage or loss by theft
or transit. The Engineer will be required to provide the company with a
full detailed inventory of tooling prior to any claim. In the absence of an
itemised inventory approved by the Company, no such claim shall be
payable.
27.5.8 The Company will insure the Engineers for the accidental loss or damage
to or theft of a total toolbox and its reasonable contents (i.e., contents
which are typical for the Engineer’s role) while it is stored on Company
property. Provided the Engineer takes reasonable care to prevent loss or
theft, secures the toolbox in a reasonably secure area when unattended,
and regularly submits an up-to-date inventory of tools contained in the
toolbox to the Head of Engineering (or their delegate).
27.5.9 The Company will pay directly for or reimburse the cost of the re-
calibration of certain calibrated tools owned by Engineers on an annual
basis in accordance with the Company’s Maintenance Organisation
Manual. Only calibrated tools used by an Engineer in their employment
and approved by the Company are eligible for reimbursement.
27.6 Senior Base Engineer
27.6.1 A Senior Base Engineer appointed into this position by the Company, will
receive an additional allowance as shown in Schedule 2, payable while
the Engineer is appointed to this role.
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27.6.2 If an Engineer is required to perform the role of a Senior Base Engineer
by the Company on a temporary basis, the Engineer will be paid the
Senior Base Engineer Allowance on a pro-rata basis according to the
day/s worked in this role.
27.6.3 The Company agrees to conduct a review of the Senior Base Engineer
allowance by the end of January 2026 to assess if the complex nature of
the role, requires an adjustment to the allowance. The alteration in any
allowance will be at the complete discretion of the Company.
27.7 Senior Avionics Engineer
27.7.1 A Senior Avionics Engineer appointed into this position by the Company,
will receive additional allowance as shown in Schedule 2, payable while
the Engineer is appointed to this role. Qualifying requirements may
include the following:
26.1.2.3 managing or supervising other AMEs or LAMEs
(refurbishments/installations);
26.1.2.4 design and preparation of modifications and EOs;
26.1.2.5 completion of major or complex modifications and EOs;
26.1.2.6 more than 5 years’ experience with Avionics LAME licence (or
equivalent);
26.1.2.7 avionics maintenance and manpower planning; and/or
26.1.2.8 regular phone support after hours. Regular for this purpose is
once or more per month.
26.1.2.9 Oversight and management of aircraft equipped with HUMS.
27.8 Weight Control Testing Authority Allowance
27.8.1 An Engineer nominated by the Company to hold a CASA Weight
Control Authority in accordance with CAO 100.28 will receive the
allowance shown in Schedule 2.
27.9 Training Allowance and Conditions
27.10 The parties acknowledge that holding requisite licences, rating or type
endorsements is an inherent requirement of certain Engineer's roles;
and an Engineer's employment may be terminated if they cease to hold
the requisite licences, rating, or type endorsements due to the Engineer
refusing to attend a prerequisite training course or failing to pass a type
training course exam.
27.11 The Company acknowledges that Engineers may be required to
undertake certain training to qualify for and/or maintain a licence, rating,
or type endorsement, that will allow them to complete the duties under
this Agreement.
27.11.1 All license fees associated with the issue or renewal of a CASA license
or type rating will be reimbursed by the Company.
27.11.2 An Engineer who travels overseas to attend a training course will be
paid at a rate of 1:1 or TOIL may be accumulated at single time where
relevant and appropriate for time in excess of rostered work days.
27.11.3 An Engineer may be required to undertake training on days which would
otherwise be off duty. Where an Engineer undertakes training during
off-duty time, this time will be paid at single time.
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27.11.4 Where training involves international travel, the Company shall provide
travel insurance for all duty days worked.
27.11.5 An Engineer required by the Company to attend a training course will
not be required to pay for such training, except where a L.A.M.E. licence
has expired through the negligence of the Engineer.
27.11.6 When convenient to and approved by the Company, an Engineer will
be allowed time off without loss of pay to attend examinations.
27.11.7 Engineers will make themselves available for training courses on
aircraft operated, maintained or serviced by the Company. All Licenced
Engineers employed under this Agreement will receive type training,
where required, from an approved organisation as part of the
Company’s continued commitment towards safety, quality, and
efficiency.
27.11.8 If Helicopter Underwater Escape Training (HUET) is required by the
Company for any Engineer, then this will be paid for by the Company.
In the absence of a HUET, it remains the Engineer’s choice to agree to
travel by helicopter for an extended duration over water.
27.12 Accommodation and Travel Standards
27.12.1 The Company shall provide each Engineer covered by this Agreement
who is required to be away from their Home Base with Suitable
Accommodation.
27.12.2 Engineers are responsible for maintaining accommodation in good
order, considering reasonable wear and tear. Any breakages/damages
or required maintenance must be reported to the property manager and
the Company.
27.12.3 Engineers will not share accommodation unless this is unavoidable, or
otherwise agreed between the affected personnel. If an Engineer is
shares accommodation with another person at the request of the
Company, a Hard Lying Allowance as detailed in Schedule 2 will be paid
for each night the Engineer is required to share. This will not apply if a
separate bedroom and bathroom is available for each individual.
27.12.4 The Company will pay the Vessel Layover Allowance as detailed in
Schedule 2 when required to stay overnight on a marine vessel in
addition to any applicable DTA.
27.12.5 The Company will pay DTA for an Engineer who is subject to any
quarantine or isolation period related to government, Company or client
imposed Covid-19 (or equivalent) travel restrictions away from or to their
Home Base.
27.12.6 Whenever an Engineer is required by the Company to undertake any
travel away from Operating Base or Home Base, other than as a crew
member on an aircraft, in the service of the Company, including travel
for training and certification, the Company will provide the Engineer with
economy class travel at no expense to the Engineer.
27.12.7 The Company will provide flights for Engineers between their Home
Base and their respective Operating Base or training course, plus any
necessary accommodation whilst in transit or on course.
27.12.8 Where an Engineer has used self-arranged accommodation (e.g.,
staying with family/friends) and the Company will not incur
accommodation costs or cancellation fees for any Company-provided
accommodation, Engineers will be paid the Own Accommodation
Allowance detailed in Schedule 2. When an Engineer arranges their
own accommodation they are also responsible for arranging their own
transport to/from the accommodation unless otherwise agreed by the
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Company.
27.13 Rental Housing
27.13.1 The Company may, at its own discretion, rent housing for the
accommodation of Engineers which will meet the requirements of
Suitable Accommodation.
27.13.2 A copy of the relevant rental agreement terms and conditions will be
made available to the Engineer as the occupant. The Engineer shall
abide by all the conditions stipulated in this rental agreement and be
responsible for keeping the property in the condition it was in at the start
of their occupancy subject to reasonable wear and tear.
27.14 Daily Travel Allowance (DTA)
27.14.1 DTA is payable for each night spent away from the Home Base for
work/training purposes and will be paid in accordance with the
Australian Taxation Office Taxation Determination (TD) guidelines for
food, drink and incidentals expenses. It is not paid when food and drink
are provided. Any additional expenses reasonably incurred while away
from Home Base, shall be reimbursed upon the production of receipts.
27.14.2 Changes to DTA rates during the term of this Agreement will be in
accordance with the ATO guidelines.
27.14.3 If the Engineer falls sick while on duty away from Home Base, the
applicable DTA will still be paid on the sick days.
27.14.4 For the purpose of this agreement DTA will be paid at the equivalent
Australian domestic rate for all international travel based on the
engineers designated home base.
27.15 Multi-Trade Allowance
27.15.1 A Multi-Trade Allowance is paid to recognise the unique flexibility that
multiple category Engineers provide to the Company. The Company
will pay the allowance detailed in Schedule 2 to an Engineer that holds
both a B1.3 and B2 licence, where the Company has issued a
maintenance certification authorisation reflecting both categories.
27.16 Multi-Type Allowance
27.16.1 A Multi-Type Allowance is paid to recognise the unique flexibility that
multiple type rated Engineers provide to the Company. The Company
will pay the allowance detailed in Schedule 2 to an Engineer that holds
more than 2 twin-engine type ratings of an aircraft or engine type that is
operated within the Company fleet, and where the Company has issued
a maintenance certification authorisation reflecting multiple types. If the
company ceases to operate a type rated aircraft for which payment is
received then the allowance will be removed after a period of three
months.
27.16.2 An engineer licensed on both H135 and EC135 aircraft will receive the
type allowance for both aircraft only if they have exercised license
privileges on the second type within the last 30 days. The allowance is
paid pro rata for 30 days from the last maintenance certification date,
with the 30-day period resetting after each certification.
27.17 Communication Allowance
27.17.1 All Engineers are required to maintain a mobile phone with call and data
capability. The Engineer is required to ensure they keep relevant
company applications on their mobile phone to ensure communications
in all forms can be maintained. The Company will pay an Engineer an
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allowance as detailed in Schedule 2 for communication costs.
27.18 Winch Operator Allowance
27.18.1 If approved by the Company to perform the duties, the Company will
pay an Engineer an amount as detailed in Schedule 2 for additional
duties as a helicopter winch operator.
27.19 Oil and Gas Operations Allowance
27.19.1 When the Company undertakes Oil and Gas Operations, Engineers
assigned to an Operating Base and helicopter type designated for Oil
and Gas Operations will receive the Oil and Gas Operations Allowances
as detailed in Schedule 2.
28. Reimbursement of Expenses
28.1 Forklift Licence (High Risk Work Licence)
28.1.1 If a forklift operating qualification is required by the Company, the
Company will either pay the costs of the training and/or licensing directly
or reimburse an Engineer up to an amount as detailed in Schedule 2 for
HRWL renewals.
28.2 Refrigerant Handling Licence (RAC01)
28.2.1 The Company will reimburse an Engineer up to an amount as detailed in
Schedule 2 for RAC01 renewals.
28.3 Vaccinations
28.3.1 The Company will reimburse the costs of any vaccinations expressly
required by the Company or client for an Engineer to perform their role.
This excludes any vaccinations that are covered by the public health
system or do not relate to the inherent requirements of an Engineer’s role.
28.4 Examination and Training Fees
28.4.1 The Company will reimburse Engineers for all pre-approved examination,
training, and supervisory fees levied by the CASA, a Part 147 MTO, or
accredited training provider for specific and basic examinations and
training associated with aircraft owned, operated or maintained and as
required by the Company. This includes any training fees associated with
Company roles. Fees will only be reimbursed upon successful
completion of the exams or training. The Engineer will be required to
provide evidence of completion to the satisfaction of the Company.
28.5 Associated Duty Expenses
28.5.1 Upon production of tax invoices, the Company will reimburse an Engineer
for all authorised reasonable out of pocket expenses incurred by the
Engineer in providing assistance to passengers or clients in the course of
their employment. For the purpose of this clause, “authorised” means
approved by the Head of Engineering (or their delegate) and in
accordance with the Company procedures for expense reimbursement.
28.6 Permanent Transfers
28.6.1 An Engineer who is permanently transferred by the Company at the
Company’s request will be reimbursed for all reasonable removal of
personal possessions and travel expenses for the Engineer and their
Dependants in accordance with the Company’s policies and procedures.
Any transfer will be by mutual agreement. If the Engineer requests a
transfer and relocation to a different Home Base, and if the Company
agrees to the transfer, then the terms of the relocation will be negotiated
at the time and agreed upon before any transfer is enacted.
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28.6.2 If the Engineer resigns within 24 months of a permanent transfer, the
Engineer will be liable for repayment of expenses arising from clause
28.6.1 on a pro-rata basis.
28.6.3 If a Touring Engineer wishes to change their Home Base, the Engineer
will consult with the Company prior to relocating. The Company and the
Engineer may agree to a different Home Base; however, the Company
will not be obligated to agree to a Home Base which is more onerous or
costly to the Company than the Home Base previously agreed on.
Notwithstanding, nothing prevents the Engineer from relocating their
place of residence absent an agreement to alter Home Base; in which
case, any extra costs to attend the Home Base will be borne by the
Engineer.
28.7 Timely Submission of Allowance/Expense Claims
28.7.1 To ensure the Company can recover expenditure from clients and to
allow adequate time for the efficient accounting of expenditure, expense
claims, supported by receipts, must be submitted within 14 days from
when the expense was incurred.
29. Superannuation
29.1 Superannuation Legislation
The subject of superannuation is dealt with extensively by legislation including
the Superannuation Guarantee (Administration) Act 1992, the Superannuation
Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993
and the Treasury Laws Amendment (Putting Consumers First—Establishment of
the Australian Financial Complaints Authority) Act 2018 (Cth). This legislation, as
varied from time to time, governs the superannuation rights and obligations of the
parties.
29.2 Selection of fund
The fund for the purposes of this clause will mean the fund nominated by the
Engineer. If no fund is nominated by the Engineer, the Company will pay the
Engineer’s contributions into the Company’s default superannuation fund.
30. Travel Insurance and Security Clearances
30.1 Engineers required to undertake operations away from their Home Base will be
provided with travel insurance to cover events and items such as lost baggage
and hire car excesses.
30.2 Where a security clearance is required by the Company, regulatory body or a
client of the Company, the Company shall pay for that clearance including, if
required, the costs associated with a Company sponsored ASIC, MSIC and other
access / security cards. The Company will not pay for costs related to resolving
any matters related to an individual obtaining a clearance.
31. Indemnity/Insurance and Indemnity for third party claim
31.1 When the Company requires an Engineer to fly in any company aircraft for work
purposes, the Company will indemnify/insure that Engineer against death or
totally incapacitating injury which may arise from the use of that aircraft for not
less than the amount specified in the Award.
31.2 The Company will not be required to indemnify/insure an Engineer where the
Engineer will receive a benefit of not less than $45,000 in the event of death or
totally incapacitating injury by way of Insurance taken out by the aircraft or charter
operator/s; or Company-sponsored superannuation scheme.
31.3 The Company will not require an Engineer to work on an aircraft during a bomb
scare or hijack incident that is occurring at the Engineer’s place of work at the
time of the requested duty. Where an Engineer volunteers to work during a bomb
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scare or hijack incident, the Company will indemnify/insure that Engineer for
injury, disablement, or death to a minimum of the amount specified in the Award.
31.4 This indemnity will not apply to an Engineer who knowingly performs their
nominated duty in a manner contrary to law or the Company's policy.
32. Accident Top Up Pay
32.1 In addition to any statutory entitlements for workers compensation, an Engineer
will be paid make-up pay.
32.2 The amount of make-up pay will be the difference between the Engineer's
compensation entitlement and the amount of remuneration they would have
received had they been at work for the period.
32.3 In the event that an Engineer receives a lump sum in redemption of regular
statutory compensation entitlements, the liability of the Company to pay make-up
pay shall cease from the date the subject Engineer receives the lump sum
payment.
32.3.1 Where the Engineer recovers damages from the Company or from a third
party in respect of a compensable injury, independent of statutory
entitlements, they shall be liable to repay the Company the amount of
make-up pay which they have received in respect of the said injury and
shall have no further make-up pay entitlements in respect of the injury.
32.3.2 The accrual of leave entitlements while on workers’ compensation will be
subject to the applicable workers’ compensation legislation.
32.4 Make-up pay will:
32.4.1 Not be payable during any period of paid leave or public holiday.
32.4.2 Be payable for a maximum period or aggregate of periods in no case
exceeding a total of 52 weeks (from the date of injury) in respect of
incapacity arising from any one injury.
32.4.3 Be paid through normal payroll procedures or according to any alternative
arrangements mutually agreed between the Engineer and the Company.
33. Accident/Incident Investigation
33.1 In the event of an Accident or Incident (including a maintenance error) the
Engineer/s involved are to make a statement, as soon as practicable. This
statement may be made in the presence of an employee representative. The
Company may opt to stand the Engineer down, with pay, prior to receiving the
statement.
33.2 The Company is entitled to stand the Engineer down, with pay, whilst a
preliminary assessment is made.
33.3 If the Company is satisfied, after the preliminary assessment, that no further
action is required, or the Engineer’s presence is not likely to prejudice the
investigation or safety, the Engineer shall resume work.
33.4 Where it is proposed to further interview an Engineer in connection with the
Engineer’s alleged involvement in an Accident or Incident (including a
maintenance error) which may lead to disciplinary action against the Engineer,
the Engineer will be informed of:
32.7.1 the purpose of the interview; and
32.7.2 the charge or allegation against them, including an outline of reasons;
and
32.7.3 that disciplinary action may result; and
32.7.4 that the Engineer has the right to be accompanied by an employee
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representative of their choice; and
32.7.5 the Engineer may request reasonable time (not more than 3 working
days) to become familiar with these matters.
33.5 If the Engineer elects to be accompanied and/or represented, the Engineer may
request that the information given above be repeated in the presence of their
representative. Sufficient time will be allocated for the Engineer to find a
representative that can attend within the time frame detailed in this clause of up
to a limit of 3 working days.
33.6 The interview shall not be delayed by the Engineer any longer than a total of 3
working days listed in the above clauses.
33.7 If following the interview, the Company proposes to dismiss, or otherwise
discipline the Engineer, the Engineer will be informed of that proposed disciplinary
action in the presence of an employee representative.
34. Disciplinary Matters
34.1 Where it is proposed to meet with an Engineer relating to alleged misconduct
which may lead to disciplinary action, the Company’s internal disciplinary
procedures will be applied, which must include the following steps
34.2 Preliminary assessment and due process
34.2.1 Before disciplinary actions are considered, in accordance with principles
of natural justice, the Engineer will be presented details of the allegations
in writing (sufficient to respond) and provided with an opportunity to
respond. That response will be required by no less than 7 days from
receiving the allegations in writing.
34.2.2 Where the allegations have been substantiated, sufficient to require
disciplinary action, a meeting will be arranged with the Engineer. In
preparation for this meeting, the Engineer will receive notice that
includes:
34.2.2.1 the date of the meeting,
34.2.2.2 the reason for the meeting;.
34.2.2.3 the right to have a support person;
34.2.2.4 the right to be represented by a representative of their choice
(subject to any conflict of interest), which includes the Union;
34.2.2.5 the potential disciplinary actions that may apply; and
34.2.2.6 directions to provide a response (show cause) to the proposed
disciplinary action in no less than 7 days.
34.2.3 If following the meeting, the Company decides to apply disciplinary
actions, up to and including dismissal, the Engineer will be informed of
that decision both in-person and in writing. The Engineer will have the
option of having a support person at a dismissal meeting, which may
include their representative. Subject to location and availability, a
dismissal meeting may take place by way of video conference.
35. Hearing and Eyesight Tests
35.1 The Company may arrange for an Engineer’s hearing and eyesight to be tested
at the Company’s expense on commencement of employment and whenever
deemed necessary by the Company. The results will be available to the Engineer
and the Company. The Company and Engineer share the responsibility that a test
is undertaken when raised as a concern by either party.
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PART 7 LEAVE AND PUBLIC HOLIDAYS
36. Annual Leave – All Engineers
Annual leave is provided for in the NES. This clause provides occupational specific data.
36.1 Entitlement to Annual Leave
36.1.1 Engineers are entitled to 152 hours (4 weeks) of Annual Leave per annum
which may be taken after 12 months of continuous service or earlier with
consent from the Company. 152 hours leave is the equivalent of 28
consecutive days free of duty inclusive of normal work days and days off.
36.1.2 Touring Engineers will generally take annual leave as one 28 day cycle
each year, immediately following the end of the preceding 28 day cycle
of 15 days worked and 13 days off.
36.1.3 The hours acquitted on each leave day (which would otherwise have
been a work day) will be the “Ordinary Hours Per Shift” applicable to the
Engineer in accordance with the table in clause 22.2. For example, a
15/13 pattern Engineer will acquit 10.133 hours per leave day (15 days
at 10.133 hours and 13 days off = 28 days leave).
36.1.4 Engineers may take annual leave in more than one period, by mutual
consent between the Company and the Engineer.
36.1.5 Requests for single days, or part days of annual leave may be granted to
meet the needs of the Engineer if circumstances warrant and are
approved by the Head of Engineering (or delegate).
36.2 Taking of Leave
36.2.1 Annual leave may be taken at a time mutually agreed between the
Company and the Engineer. The Company will respond to leave
applications within one month of it being submitted. If there is no
response after one month, the Engineer has a responsibility to follow-up
with the approver of the leave application (Head of Engineering or
delegate), and if after one week a response has not been received to the
request, the Engineer may escalate to Human Resources for action. The
Company will not unreasonably refuse to agree to a request by the
Engineer to take paid annual leave.
36.2.2 An Engineer with an accrued entitlement to annual leave may be directed
by the Company to take leave down to a minimum of one full year’s
entitlement with 3 months’ notice of the commencement of that leave.
This subclause applies to accrued entitlement only (i.e. not the pro-rata
accrual toward the next anniversary entitlement).
36.2.3 Leave Loading is included in the base salary for Engineers. Role based
allowances are also payable when an Engineer is on annual leave.
36.2.4 On termination of employment an Engineer shall be paid out their accrued
annual leave entitlements.
36.2.5 In the event of an Engineer being made redundant, they shall be paid out
their accrued annual leave entitlements.
36.2.6 An Engineer may cash out an amount of accrued annual leave provided
that cashing out does not result in an Engineer retaining fewer 152 hours
annual leave as an accrued entitlement; the request is made in writing;
and the Company agrees to the cashing out. Cashing out of annual leave
is to be by mutual agreement.
36.3 Sickness Whilst on Annual Leave
36.3.1 Where an Engineer becomes seriously ill during annual leave, the
duration of such illness shall be counted as personal leave, if the
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Engineer has sufficient personal leave accrued. Providing firstly, they
shall advise the Company as soon as practicable after the
commencement of the illness and secondly, that they produce proof of
illness to the Company within 7 days of returning to duty. Every
consideration shall be given to granting the equivalent substitute annual
leave in the manner requested by the Engineer.
37. Personal/Carers Leave
37.1 Personal leave is provided for in the NES. This clause provides occupational
specific data.
37.2 An Engineer is entitled to the leave under this clause on account of personal
incapacity for work due to illness or injury, or to care for an ill person who requires
care and support and who is a member of the Engineer’s immediate family or
household and for whom the Engineer is responsible for care and support. In
normal circumstances an Engineer is not entitled to take family leave where
another person has taken leave to care for the same person.
37.3 Personal leave will be accrued pro-rata on annual basis to a total of 10 days per
annum
37.4 Personal leave accrued and not taken by an Engineer will accumulate, including
all sick leave credits due at the commencement of this Agreement. Such Personal
leave credits will not be paid out on termination of employment.
37.5 A medical certificate, statutory declaration, or other evidence satisfactory to the
Company must be produced to claim Personal/Carer’s leave. The Company will
grant this leave for a maximum of 3 days per year without the need for a medical
certificate. Only 2 of these 3 days may be consecutive and not coincide with a
weekend.
37.6 An Engineer will, as soon as reasonably practicable, and in any case within 8
hours of the commencement of an absence, inform the Company of their inability
to attend for duty, and as far as practicable, state the nature of the injury or illness
and the estimated duration of the absence.
37.7 Where an Engineer becomes sick whilst on duty and is unable to complete the
shift or is sent home by the Company, such absence will be recorded as leave
under this clause and will be deducted at an hourly rate to reflect the duration the
Engineer was absent from duty.
38. Long Service Leave
38.1 All Engineers will be eligible for long service leave in accordance with the
Industrial Relations Act 2016 (Qld).
39. Compassionate Leave
39.1 Compassionate leave is provided for in the NES. This clause provides
occupational specific data.
39.2 An Engineer is entitled to a period of 3 days paid compassionate leave for each
occasion when a member of their immediate family or member of their household;
39.2.1 contracts or develops a personal illness that poses a serious threat to
their life; or
39.2.2 sustains a personal injury that poses a serious threat to their life; or
39.2.3 dies.
39.3 For Engineers in remote locations, the three days will be in addition to travel time
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to and from their Home Base.
39.4 In order to qualify for payment for compassionate leave an Engineer must provide
the Company with any evidence that the Company reasonably requires of the
illness, injury or death.
40. Community Service Leave
40.1 Community service leave is provided for as per the NES. An Engineer required
to attend for jury service during ordinary working hours will be reimbursed by the
Company the amount equal to the difference between the amount the Engineer
can claim from the Justice Department in respect of the attendance for such jury
service and the gross base annual salary the Engineer would have received had
the Engineer performed their normal duty.
40.2 An Engineer must notify the Company as soon as possible of the date upon which
they are required to attend for jury service or emergency service leave (unpaid).
Further, the Engineer must give the Company proof of attendance and the
duration of such attendance. The Engineer must provide proof of the total
remuneration received from the Justice Department as a result of jury service
attendance.
40.3 For the purposes of this clause, the Engineer must provide the Company an
opportunity to submit an application to have the Engineer relieved from the
required community service or jury duty due to the critical nature of their role.
41. Public Holidays – 5/2 Fixed Base Engineers
41.1 A Fixed Base Engineer is entitled to the following public holidays without loss of
pay:
41.1.1 New Year’s Day, Australia Day, Good Friday, Easter Monday, Anzac
Day, King’s Birthday, Christmas Day and Boxing Day; and
41.1.2 Any other day or part day declared or prescribed by or under a law of a
State or Territory, in which the Engineer is operating, is to be observed
generally within the State or Territory (or a region of the State or Territory)
as a public holiday.
41.1.3 An Engineer will not be entitled to two of the same public holidays if those
holidays fall on different dates across different states for which the
Engineer may be working.
41.2 If any day is gazetted in lieu of the above-named holidays, that day will be deemed
the holiday for the purposes of this Agreement.
41.3 By agreement between the Company and a majority of Engineers in a particular
work site, other days may be substituted for the said days or any of them.
42. Parental Leave
42.1 Parental leave is provided for in the NES. This clause provides occupational
specific data.
42.2 Subject to the terms of this clause, and any applicable legislation, Engineers are
entitled to maternity, paternity and adoption leave with the birth or adoption of a
child.
42.3 Definitions
42.3.1 For the purpose of this clause, child means a child of the Engineer under
the age of one year except for adoption of a child where child means a
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person under the age of five years who is placed with the Engineer for
the purposes of adoption, other than a child or step-child of the Engineer
or of the spouse of the Engineer or a child who has previously lived
continuously with the Engineer for a period of six months or more.
42.4 Basic Entitlement
42.4.1 After twelve months continuous service, parents are entitled to a
combined total of 52 weeks unpaid parental leave on a shared basis in
relation to the birth or adoption of their child. For females, maternity leave
may be taken and for males, paternity leave may be taken. Adoption
leave may be taken in the case of adoption.
42.4.2 Parental leave is to be available to only one parent at a time, except that
both parents may simultaneously access the leave in the following
circumstances:
42.4.2.1 for maternity and paternity leave, an unbroken period of one
week paid annual or unpaid leave at the time of the birth of the
child;
42.4.2.2 for adoption leave, an unbroken period of up to three weeks at
the time of placement of the child.
42.5 Maternity Leave
42.5.1 An Engineer must provide notice to the Company in advance of the
expected date of commencement of maternal leave. The notice of
requirements are:
42.5.1.1 of the expected date of confinement (included in a certificate
from a registered medical practitioner stating that the Engineer
is pregnant) – at least ten weeks;
42.5.1.2 of the date on which the Engineer proposes to commence
maternity leave and the period of leave to be taken – at least
four weeks.
42.5.2 An Engineer will not be in breach of this clause if failure to give the
stipulated notice is occasioned by confinement occurring earlier than the
presumed date.
42.5.3 Unless agreed otherwise between the Company and Engineer, an
Engineer may commence maternity leave at any time within six weeks
immediately prior to the expected date of birth.
42.5.4 Where an Engineer continues to work within the six week period
immediately prior to the expected date of birth, or where the Engineer
elects to return to work within six weeks after the birth of the child, the
Company may require the Engineer to provide a medical certificate
stating that she is fit to work on her normal duties.
42.5.5 Where the pregnancy of an Engineer terminates after 28 weeks and the
Engineer has not commenced maternity leave, the Engineer may take
unpaid special maternity leave of such period as a registered medical
practitioner certifies as necessary, except that where an Engineer is
suffering from an illness not related to the direct consequences of the
birth, an Engineer may be entitled to paid sick leave in lieu of, or in
addition to, special maternity leave.
42.5.6 During the period of maternity leave an Engineer may return to work at
any time, as agreed between the Company and the Engineer provided
that time does not exceed four weeks from the recommencement date
desired by the Engineer.
42.6 Paternity Leave
An Engineer will provide to the Company at least ten weeks’ notice prior to each
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proposed period of paternity leave, with:
42.6.1 a certificate from a registered medical practitioner that names their
spouse, states that they are pregnant and the expected date of
confinement, or states the date on which the birth took place; and
42.6.2 written notification of the dates on which they proposes to start and finish
the period of paternity leave; and
42.6.3 a statutory declaration stating:
42.6.3.1 they will take that period of paternity leave to become the
primary caregiver of a child;
42.6.3.2 particulars of any period of maternity leave sought or taken by
their spouse; and
42.6.3.3 that for the period of paternity leave they will not engage in any
conduct inconsistent with their contract of employment.
42.7 Adoption Leave
42.7.1 The Engineer will notify the Company at least ten weeks in advance of
the date of commencement of adoption leave and the period of leave to
be taken. An Engineer may commence adoption leave prior to providing
such notice, where through circumstances beyond the control of the
Engineer, the adoption of a child takes place earlier.
42.7.2 Before commencing adoption leave, an Engineer will provide the
Company with a statutory declaration stating:
42.7.3 the Engineer is seeking adoption leave to become the primary caregiver
of the child;
42.7.4 particulars of any period of adoption leave sought or taken by the
Engineer’s spouse; and
42.7.5 that for the period of adoption leave the Engineer will not engage in any
conduct inconsistent with their contract of employment.
42.7.6 The Company may require an Engineer to provide confirmation from the
appropriate government authority of the placement.
42.7.7 Where the placement of a child for adoption with an Engineer does not
proceed or continue, the Engineer will notify the Company immediately
and the Company will nominate a time not exceeding four weeks from
receipt of notification for the Engineer’s return to work.
42.7.8 An Engineer will not be in breach of this clause as a consequence of
failure to give the stipulated periods of notice if such failure results from
a requirement of an adoption agency to accept earlier or later placement
of a child, the death of a spouse, or other compelling circumstances.
42.8 Variation of period of parental leave
42.8.1 Unless agreed otherwise between the Company and Engineer, an
Engineer may apply to the Company to change the period of parental
leave on one occasion. Any such change is to be notified at least four
weeks prior to the commencement of the changed arrangements.
42.9 Parental leave and other entitlements
42.9.1 An Engineer 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, subject to the total amount of leave not
exceeding 52 weeks.
42.10 Transfer to a safe job
42.10.1 Where an Engineer is pregnant and, in the opinion of a registered medical
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practitioner, illness or risks arising out of the pregnancy or hazards
connected with the work assigned to the Engineer make it inadvisable for
the Engineer to continue at her present work, the Engineer will, if the
Company deems it practicable, be transferred to a safe job at the rate
and on the conditions attaching to that job until the commencement of
maternity leave.
42.10.2 If the transfer to a safe job is not practicable, the Engineer may elect, or
the Company may require the Engineer, to commence parental leave.
42.11 Returning to work after a period of parental leave
42.11.1 An Engineer will notify of their intention to return to work after a period of
parental leave at least four weeks prior to the expiration of the leave.
42.11.2 An Engineer will be entitled to the position which they held immediately
before proceeding on parental leave. In the case of an Engineer
transferred to a safe job the Engineer will be entitled to return to the
position they held immediately before such transfer.
42.11.3 Where such position no longer exists but there are other positions
available, which the Engineer is qualified for and is capable of performing,
the Engineer will be entitled to a position as nearly comparable in status
and pay to that of the Engineer’s former position.
42.12 Replacement Engineers
42.12.1 A replacement Engineer is an Engineer specifically engaged or
temporarily promoted or transferred as a result of an Engineer proceeding
on parental leave.
42.12.2 A replacement Engineer will be informed in writing of the temporary
nature of the employment and of the rights of the Engineer who is being
replaced.
42.13 Domestic Violence Leave
42.13.1 Engineers are entitled to Domestic Violence Leave in accordance with
the NES. The Company may request evidence that would satisfy a
reasonable person of the need to take family and domestic violence
leave.
PART 8 TERMINATION OF EMPLOYMENT
43. Termination of Employment
43.1 Notice of Termination by Company
43.1.1 Post the probationary period the Company must give an Engineer four
weeks’ notice to terminate their employment.
43.1.2 In addition to the notice in sub-paragraph 43.1.1 above, Engineers over
forty-five years of age at the time of the giving of notice who have at least
two years of continuous service are entitled to additional notice of one
week.
43.1.3 Payment in lieu of the notice will be made if the appropriate notice period
is not given. Employment may be terminated during the notice period,
with a payment in lieu.
43.1.4 The calculation for payment made in lieu of notice will be based on the
salary for ordinary time the Engineer would have worked during the notice
period.
43.1.5 The period of notice in this clause will not apply in the case of dismissal
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for conduct that justifies summary dismissal or in the case of Engineers
engaged for a specific period of time or for a specific task or tasks.
43.2 Notice of Termination by Engineer
43.2.1 Post the probationary period an Engineer must give the Company eight
weeks’ notice in order to terminate their employment.
43.3 Statement of Employment
43.3.1 The Company will, upon receipt of a request from an Engineer who has
elected to resign or whose employment has been terminated (for reasons
not relating to misconduct), provide to the Engineer a written statement
specifying the period of their employment and classification of or the type
of work performed by the Engineer.
44. Redundancy
44.1 Redundancy is as defined by the Act.
44.2 The Company will consult with the Engineer(s) affected and the Union or other
chosen representative in the event of redundancy of the Engineer's position.
44.3 Compulsory redundancy will be a last resort after all alternatives including, but
not limited to, natural attrition, leave, leave without pay, alternate duties, transfer,
secondment, voluntary redundancy, early retirement, temporary part time work,
enhanced voluntary and/or involuntary severance pay benefits have been
explored.
44.4 Period of Notice of Termination on Redundancy
44.4.1 If the services of an Engineer are to be terminated due to redundancy the
Engineer will be given notice of termination as prescribed by clause 43 of
this Agreement. Provided that Engineers to whom notification of
termination of service is to be given on account of the introduction or
proposed introduction by the Company of automation or other like
technological changes will be given not less than three months’ notice of
termination.
44.5 Severance Pay
44.5.1 In addition to any period of notice prescribed for ordinary termination in this
Agreement, an Engineer whose employment is terminated for reasons set
out herein shall be entitled to the following minimum amount of severance
pay in respect of a continuous period of service:
Period of continuous service Severance pay
Less than 1 year Nil
1 year and less than 2 years 4 weeks’ pay
2 years and less than 3 years 6 weeks’ pay
3 years and less than 4 years 7 weeks’ pay
4 years and less than 5 years 8 weeks’ pay
5 years and less than 6 years 10 weeks’ pay
6 years and less than 7 years 11 weeks’ pay
7 years and less than 8 years 13 weeks’ pay
8 years and less than 9 years 14 weeks’ pay
More than 9 years 16 weeks’ pay
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Note: "Weeks’ pay" in this clause means the ordinary time rate of pay for the
Engineer concerned, including all additions to salary but excluding any
location or travel allowances.
44.6 Comparable Alternative Employment
44.6.1 Where the Company is successful in finding the Engineer employment
with equal or better terms and conditions either within the Company or
outside the Company, the Company will not be obliged to pay severance
pay to the Engineer.
44.6.2 For the purposes of this clause, employment with equal or better terms
and conditions means employment that the Company and the Engineer
agree is comparable, or in the absence of agreement, work of no less pay
in the same location as the redundant position.
44.6.3 The Company shall not be obliged to find suitable employment in any
other company than the company which the Engineer is employed. It
may however seek to do so at its discretion.
44.7 Time Off During Notice Period
44.7.1 Where the Company has given notice of termination to an Engineer, the
Engineer will be allowed up to one day’s time off per week, and where
the notice period is short (one month or less) then additional days as
agreed (up to 1 day per week) will be allowed, without loss of pay for the
purpose of seeking other employment. The time off will be taken at times
that are convenient to the Engineer after consultation with the Company.
44.8 Transmission of Business
This subclause applies when work covered by this Agreement has been
transmitted from the Company (“the transmittor”) to another employer (“the
transmittee”). “Transmission” without limiting its ordinary meaning, includes
transfer, conveyance, assignment or succession, whether by agreement or
operation of law. “Transmitted”, has a corresponding meaning.
44.8.1 The severance and other redundancy benefits of this Agreement are not
applicable where a business is before or after the date of this Agreement,
transmitted from the Company (in this subclause called “the transmittor”)
to another employer (in this subclause called “the transmittee”), in the
following circumstance:
44.8.2 Where the Engineer accepts employment with the transmittee which
recognises the period of employment which the Engineer has with the
transmittor and any prior transmittor to be service of the Engineer with
the transmittee.
44.8.3 Acceptance by the Engineer is not required, if the Engineer’s terms and
conditions of employment do not change.
44.9 Engineers Leaving During Notice
An Engineer whose employment is terminated on the grounds of redundancy may
cease employment, during the period of notice by mutual agreement between the
Engineer and the Company and shall be entitled to the same benefits and
payments under this clause as if he or she had remained with the Company until
the expiry of such notice.
44.10 Written Notice
The Company will, as soon as practicable, but prior to the termination of the
Engineer’s employment, give to the Engineer a written notice containing, among
other things, the following:
44.10.1 The date and time of the proposed termination of the Engineer’s
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employment; and
44.10.2 Details of the monetary entitlements of the Engineer upon the termination
of their employment, including the manner and method by which those
entitlements have been calculated; and
44.10.3 Advice as to the entitlement of the Engineer to receive assistance from
the Company, including reasonable time off without loss of pay in seeking
other employment, or arranging training or retraining for future
employment; and
44.10.4 Advice as to the entitlements of the Engineer should he or she request to
terminate their employment during the period of notice.
44.11 Payment in Lieu Treated as Service
If the Company makes payment in lieu of all or any of the period of notice, the
period for which such payment is made will be treated as service for the purposes
of computing any service related entitlements of the Engineer arising pursuant to
this Agreement and will be deemed to be service with the Company for the
purposes of long service leave.
44.12 Transfer to Lower Paid Duties
Where an Engineer is transferred to lower paid duties by reason of redundancy
the Engineer shall retain their current classification and rate of pay for 3 months.
44.13 Engineers with Less than One Year of Service
This clause 44 will not apply to Engineers with less than 1 year’s continuous
service.
44.14 Engineers Exempted
This clause 44 does not apply in circumstances leading to dismissal for
disciplinary or work performance reason.
44.15 Regard for Selection Criteria
The Company will define and communicate the criteria for redundancy selection
if and when the Company seeks to exercise a redundancy provision of this
Agreement if requested by the Engineer.
44.16 Remote Location Engineers
A Fixed Base Engineer at a Company-designated remote Home Base, whose
employment is terminated for reasons of redundancy (provided the Engineer was
not recruited from the remote location) will be entitled to:
44.16.1 air travel for themselves and their Dependants to the place of original
recruitment within Australia, or at the Engineer’s request a
reimbursement for travel expenditure actually incurred in returning to that
place of recruitment up to the equivalent cost of air travel; and
44.16.2 payment from the Company in accordance with the Company’s Policies
and Procedures for expenses incurred in relocation to the place of original
recruitment within Australia; and
44.16.3 removal costs to their preferred location within Australia (not being the
place of original recruitment). The Engineer will provide the Company
with three removal quotes and the Company will decide which quote it
will approve. The cost to the Company will be no greater than the
equivalent cost of removal for the Engineer to return to the location from
which they were recruited.
For the avoidance of doubt, the benefits of relocation will not be available to any Engineer that is
terminated for disciplinary reasons whether they be within the defined notice period or otherwise.
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PART 9 SIGNATORY PAGES
/ /
Signed for and on behalf of Date
Auriga Aviation Pty Ltd.
Name
Position/Authority to sign
/ /
Witnessed by Date
Name
Address
/ /
Signed for and on behalf of the Date
Australian Licenced Aircraft Engineers Association.
Name
Position/Authority to sign
/ /
Witnessed by Date
Name
Address
Sean Reseigh
Managing Director, Auriga Aviation
19 NOV 2024
Nov 202419
Glynn Sowter
ALAEA Solicitor
Nov 2024
C/O 25 Stoney Creek Road, Bexley, NSW 2207
19
Tessa Foster
Peter Wrigley
2/14 Argyle Street, Albion Qld 4010
19 NOV 2024
1essed by
TFA
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/ /
Signed for and on behalf of the Date
Australian Workers Union.
Name
Position/Authority to sign
/ /
Witnessed by Date
Name
Address
Paul Farrow
AWU National Secretary
27 11 2024
Debra Bushell
27 11 2024
L2, 16-20 Good Street Granville
NSW 2142
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SCHEDULE 1 – SALARIES
The base salaries and allowances shall apply from 1 July 2024. This will be paid as soon as
practicable (within 2 full pay periods) after the Enterprise Agreement has been approved by Fair Work
Commission.
Any difference in remuneration applicable to an Engineer will be backdated to 1 July 2024 (or paid
as a bonus of the same value).
Annual Adjustment of Salaries and Allowances
The salaries in Schedule 1 and certain allowances marked as “Variation by EA” as indicated in
Schedule 2 will subsequently be increased each year as follows:
• 1 July 2025 – 3.5%
• 1 July 2026 – 3.5%
• 1 July 2027 – 3.5%
All other allowances will be increased as detailed in the “Variation by” column of the table in Schedule
2.
Ordinary Time
The Ordinary Time hourly rate is calculated as: Base Salary / 52.14 / 38.
Casual Loading
The hourly rate for Casual Employees is the Ordinary Time rate plus 25% loading. All other
applicable allowances are not eligible for casual loading.
Salary Inclusions
The salary schedule under 1.1 includes the following considerations and allowances:
a) Public holidays (for all Engineers other than Fixed Base Engineers on a 5/2 roster pattern);
b) All shift penalties, including weekends and public holidays;
c) Multi-Type Allowance for up to two Company aircraft types;
d) Leave loading; and
e) All other allowances required under the Award unless otherwise detailed in this Agreement.
Grandfathering
An Engineer whose remuneration immediately prior to the start of this Agreement is higher than
they would be entitled to under this Agreement will be grandfathered at their existing remuneration
(only adjusted for subsequent changes in special duties or skills, such as no longer being a Senior
Base Engineer) until their entitlements under this Agreement exceeds their previous arrangements.
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1.1. BASE SALARY
The annualised salary for full-time Engineers will be as follows:
LAME – Licenced Aircraft Maintenance Engineer
2024 EA
Commencement
(backdated to 1st July
2024)
2025 EA
Anniversary
(1st July 2025)
2026 EA
Anniversary
(1st July 2026)
2027 EA Anniversary
(1st July 2027)
Single
Engine
125,000.00 129,375.00 133,903.13 138,589.73
Twin
Engine
165,000.00 170,775.00 176,752.13 182,938.45
AME – Aircraft Maintenance Engineer
2024 EA
Commencement
(backdated to 1st July
2024)
2025 EA
Anniversary
(1st July 2025)
2026 EA
Anniversary
(1st July 2026)
2027 EA
Anniversary
(1st July 2027)
Grade 1 89,760.00 92,901.60 96,153.16 99,518.52
Grade 2 97,920.00 101,347.20 104,894.35 108,565.65
Apprentice (Four Year Term)
2024 EA
Commencement
(backdated to 1st July
2024)
2025 EA
Anniversary
(1st July 2025)
2026 EA
Anniversary
(1st July 2026)
2027 EA
Anniversary
(1st July 2027)
1st Year 42% of the Grade 1 AME
2nd Year 55% of the Grade 1 AME
3rd Year 75% of the Grade 1 AME
4th Year 88% of the Grade 1 AME
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Schedule 2: ALLOWANCES
ENGINEERS ALLOWANCES
Clause Agreement Item Description Rate at Commencement Period Paid
Varied
each
year?
Variation
by
Role Based Allowances
27.6 Senior Base Engineer $13,000.00 Per Annum Yes EA
27.7 Senior Avionics Engineer $11,100.00 Per Annum Yes EA
Skill Based Allowances
27.1
Maintenance Authority Allowance / CASA
Instrument
100% of the aircraft
group licence payment
for each valid
maintenance authority
held for that group.
Per Annum No No
27.4 First Aid Allowance $600.00 Per Annum No No
27.8 Weight Control Testing Authority Allowance $1,000.00 Per Annum No No
26 Forklift Licence Up to $500.00 Per Annum No No
28.2 Refrigerant Handling Licence Up to $500.00 Per Annum No No
27.15 Multi-Trade Allowance (B1.3 and B2) 1 $10,000.00
Per Annum Per
additional
category held
No No
27.16
Multi-Type Allowance (airframe and engine)
For each multi-engine helicopter type
exceeding 2 Company helicopter types
$1500.00
Per Annum Per
additional type
held
No No
27.18 Winch operator $10,000.00 Per Annum Yes EA
Other Allowances
27.3.2 Private Vehicle Transport Allowance As per ATO Per Km
As per
ATO
As per
ATO
27.5 Tool Reimbursement $1,200.00 Per Annum No No
27.12 Hard Lying Allowance $124.03 Per Night No No
27.12.4 Vessel Layover Allowance $300.00 Per Night No No
27.12.8 Own Accommodation Allowance $120.00 Per Night No No
27.14 Daily Travel Allowance (DTA) As per the ATO Per Event
As per the
ATO
As per
the ATO
27.16.2 Communication (eg mobile phone, data etc) $600.00 Per Annum No No
27.19 Oil and Gas Operations Allowance 5% of Base Salary Per Annum No No
Note: Both the B1.3 and B2 licence category qualifications must be relevant to the Company’s
operating helicopters to be eligible for the Multi-Trade Salary.
2.1 Overtime Rates
Overtime for full-time Engineers will be paid according to the following formula(s):
All Engineers
Per duty hour in 30-minute or part
thereof increments, the amount of: Hourly Rate = Base Salary* / 52.14 / 38 x 1.5
Full Shift/Day Rate: Hourly rate multiplied by shift length
(minimum 4 hours for an additional duty day)
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* Employees appointed to be either a Senior Base Engineer or Senior Avionics Engineer on
overtime will have the Senior Base Engineer or Senior Avionics Engineer allowance, as applicable,
added to the Base Salary amount in the overtime formula.
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Schedule 3: ACCOMMODATION STANDARDS
1. STANDARD OF ACCOMMODATION
The Company shall provide accommodation to the following minimum standard:
a) for eligible remote location permanent residents: is a single-occupancy unit with separate
bedroom, kitchen, bathroom and laundry facilities; or
b) for short-term stay arrangements (up to 7 consecutive nights): a hotel/motel room, serviced
apartment, or Company accommodation, with self-contained sleeping and bathroom facilities
and local laundry facilities; or
c) for long-term stay arrangements (greater than 7 consecutive nights): accommodation with
a self-contained kitchen, bathroom, bedroom, and on-site laundry.
The Company will endeavour to provide the long-term stay standard for all regular recurring touring
work to the same Operating Base.
If the long-term accommodation standard is not available (eg due to a non-recurring tour; termination
of leased property etc), the short-term stay arrangements are considered adequate.
LAMEs and AMEs who permanently reside in Company-specified Remote Home Bases are eligible
for remote location accommodation, unless an individual arrangement has been agreed with the
Company. Apprentices are not entitled to Company accommodation in Home Base unless agreed
by the Company.
If Suitable Accommodation is not available at a location, the Company will provide the next most
reasonable and available accommodation, and the Engineer may claim a Hard Lying Allowance.
If the Company requests and an Engineer agrees to co-accommodation with another person, in a
room that does not have separate bedrooms, they are entitled to claim for Hard Lying Allowance.
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SCHEDULE 4 TRAINING BONDS
If an Engineer has an agreement with the Company relevant to a training bond (a training bond
agreement), and that agreement is effective at the commencement of this enterprise agreement,
the training bond agreement shall continue in force until it expires, provided that the training bond
agreement substantially conforms to the terms of this clause.
The Company and an Engineer may agree to enter into a training bond from time to time, where
the value of the training is equal to or greater than $10,000. Any training subject to a bond will be in
relation to qualifications or skills necessary for the Engineer’s role.
The training bond must be in writing, and will include provisions that deal with the following matters:
• the type of training to be undertaken by the Engineer;
• the purpose of the training to be undertaken by the Engineer;
• details of the training course or courses to be undertaken by the Engineer, as approved by
the Company, and whether or not provided directly by the Company, its Associated Entities
or another provider;
• details of the costs attached to the provision of such training to the Engineer, noting that
this will include:
o cost of any course undertaken by the Engineer; and
o reasonable travel and incidental costs.
The cost under a training bond will not include the Engineer’s remuneration or DTA.
The aggregate of all bonds payable by an Engineer to the Company will not exceed $50,000,
indexed annually by the same rates
The maximum period specified in an individual bond is two years (or less by mutual agreement).
The bond will reduce, pro-rata on a daily basis.
The bond period will be effective, and the full bond amount will be applicable, from the
commencement day of training related to that bond.
Repayment of training costs
An Engineer will be required to repay to the Company the agreed bond amount in circumstances
where:
• the Engineer resigns within the bond period; or
• the Engineer is terminated for reasons of serious misconduct within the bond period.
Any repayments to be made by the Engineer to the Company will be payable within a period of 21
days (or such other length of time agreed between the parties in writing), taken from the date of the
termination of employment or such other date as may be agreed between the parties in writing.
Notwithstanding the clause above, where it is agreed that an Engineer has a training bond debt and
has made a request in writing for a scheme to pay off the debt, the Company will agree to a
scheme provided repayments are no less than 5% of the outstanding gross debt per calendar
month.
Employee Details
Employee Name:
Position Title:
Location:
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Training Details
Description of Training:
Component Cost
Course
GST
Total
Agreed bonded Value of Training
Dates of Training
Return of Service Period / Bond Details
18 Months Commencement Date of Return of Service
Period:
Course commencement date
Other Comments / Notes:
Approvals
Employee Signature:
HR Manager Signature:
GM Signature:
Payroll:
1
IN THE FAIR WORK COMMISSION
Matter No.: AG2024/4703
Applicant: Auriga Aviation Pty Ltd
14 January 2025
Section 185 of the Fair Work Act 2009 (Cth) – Application for approval of a single enterprise
agreement
SUPPLEMENTARY UNDERTAKINGS – SECTION 190
I, Peter Wrigley, Employment Lawyer for Auriga Group Pty Ltd and its entities, including the
Applicant, give the following undertakings with respect to the Auriga Aviation Helicopter Engineers
Enterprise Agreement 2024 (the Agreement):
1. I have been authorised by the Applicant to provide this undertaking in relation to the
application before the Fair Work Commission.
2. This undertaking is made in accordance with section 190 of the Fair Work Act 2009(Cth) (the
Act) and the Applicant understands that this undertaking will be taken to be a term of the
Agreement pursuant to section 191 of the Act.
3. The Applicant undertakes that:
a. For the purpose of the National Employment Standards (NES), the following
definition of a “shiftworker”, as it relates to annual leave, is to be incorporated into
the Agreement:
“A shiftworker is a 7 day shiftworker who is regularly rostered on Sundays
and public holidays in a business in which shifts are continuously rostered 24
hours a day for 7 days a week”
b. For the purpose of the NES, compassionate Leave is available to employees pursuant
to entitlements in the NES. Those entitlements provide compassionate leave for
stillbirths or miscarriages.
c. Notice regarding personal/carers’ leave is to be given to the employer pursuant to
the conditions in section 107 of the Act, which allows for the notice to be given to
the employer as soon as practicable (which may be a time after the leave has
started).
d. Clause 41.3 of the Agreement is be substituted with the following clause:
“By agreement between the Company and an Engineer, other days may be
substituted for the said days or any of them”
Signed for and on behalf of the Applicant
Name: Peter Wrigley
Capacity: Employment Lawyer
Dated: 14 January 2025
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31A. Workplace delegates’ rights
[31A inserted by PR774760 from 01Jul24]
31A.1 Clause 31A provides for the exercise of the rights of workplace delegates set out in
section 350C of the Act.
NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a
workplace delegate the rights mentioned in section 350C(3) if the employer has
complied with clause 31A.
31A.2 In clause 31A:
(a) employer means the employer of the workplace delegate;
(b) delegate’s organisation means the employee organisation in accordance with
the rules of which the workplace delegate was appointed or elected; and
(c) eligible employees means members and persons eligible to be members of the
delegate’s organisation who are employed by the employer in the enterprise.
31A.3 Before exercising entitlements under clause 31A, a workplace delegate must give the
employer written notice of their appointment or election as a workplace delegate. If
requested, the workplace delegate must provide the employer with evidence that
would satisfy a reasonable person of their appointment or election.
31A.4 An employee who ceases to be a workplace delegate must give written notice to the
employer within 14 days.
31A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who
wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a
bargaining representative under section 176 of the Act or is assisting the
delegate’s organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the
employer under which eligible employees are entitled to be represented and
which concerns their industrial interests.
31A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the
purpose of representing their industrial interests under clause 31A.5. This
https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774760.pdf
http://www.legislation.gov.au/Series/C2009A00028
http://www.legislation.gov.au/Series/C2009A00028
http://www.legislation.gov.au/Series/C2009A00028
Airline Operations—Ground Staff Award 2020
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includes discussing membership of the delegate’s organisation and
representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during
working hours or work breaks, or before or after work.
31A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the
following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and
accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by
the employer to communicate with eligible employees and by eligible
employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and
photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility
under clause 31A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or
use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is
unable to obtain access after taking reasonable steps.
31A.8 Entitlement to reasonable access to training
Unless the employer is a small business employer, the employer must provide a
workplace delegate with access to up to 5 days of paid time during normal working
hours for initial training and at least one day each subsequent year, to attend training
related to representation of the industrial interests of eligible employees, subject to the
following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access
to paid time for training to more than one workplace delegate per 50 eligible
employees.
(b) The number of eligible employees will be determined on the day a delegate
requests paid time to attend training, as the number of eligible employees who
are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
Airline Operations—Ground Staff Award 2020
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(c) Payment for a day of paid time during normal working hours is payment of the
amount the workplace delegate would have been paid for the hours the
workplace delegate would have been rostered or required to work on that day if
the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks’ notice
(unless the employer and delegate agree to a shorter period of notice) of the
dates, subject matter, the daily start and finish times of the training, and the name
of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer
with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from
the day on which the training is scheduled to commence, whether the workplace
delegate’s access to paid time during normal working hours to attend the training
has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training
ends, provide the employer with evidence that would satisfy a reasonable person
of their attendance at the training.
31A.9 Exercise of entitlements under clause 31A
(a) A workplace delegate’s entitlements under clause 31A are subject to the
conditions that the workplace delegate must, when exercising those
entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer,
including reasonable codes of conduct and requirements in relation to
occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights
to freedom of association.
(b) Clause 31A does not require the employer to provide a workplace delegate with
access to electronic means of communication in a way that provides individual
contact details for eligible employees.
(c) Clause 31A does not require an eligible employee to be represented by a
workplace delegate without the employee’s agreement.
NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a
workplace delegate; or
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Airline Operations—Ground Staff Award 2020
MA000048
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a
workplace delegate under the Act or clause 31A.
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