Virgin Blue Pilots EBA 2007

VIRGIN BLUE PILOTS AGREEMENT 2007
Intentionally Blank
Virgin Blue Pilots Agreement 2007

1 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 2 2.1 2.2 2.3 2.4 2.5 2.6 2.7 3 3.1 3.2 4 4.1 4.2 4.3 4.4 4.5 4.6 4.7 5 5.1 5.2 5.3 5.4 5.5 6 6.1 6.2 6.3 7 7.1 7.2 7.3 7.4 7.5 7.6 7.7 8 8.1 8.2 8.3 8.4 AGREEMENT OBJECTIVES AND APPLICATION ........................................................................5 AGREEMENT TITLE ............................................................................................................................. 5 PARTIES TO AND APPLICATION OF THIS AGREEMENT ........................................................................... 5 AGREEMENT OBJECTIVES .................................................................................................................. 5 TERM OF AGREEMENT ........................................................................................................................ 5 RELATIONSHIP WITH OTHER INDUSTRIAL INSTRUMENTS AND LEGISLATION ........................................... 6 DEFINITIONS AND INTERPRETATION:.................................................................................................... 6 FACILITATIVE PROVISIONS .................................................................................................................. 8 PILOT WORKPLACE COMMITTEE (PWC) ............................................................................................. 9 REMUNERATION ..........................................................................................................................10 REMUNERATION PACKAGE ............................................................................................................... 10 ADDITIONAL VIRGIN BLUE WORK RULES PAYMENT............................................................................ 14 PAYMENT FOR WORKING ON DESIGNATED DAY OFF, BLANK DAY, OR LEAVE DAY .............................. 14 EXTRA FLIGHT HOURS PAYMENTS ..................................................................................................... 14 SUPERANNUATION ........................................................................................................................... 15 PAYMENT OF SALARY....................................................................................................................... 15 OVERPAYMENTS .............................................................................................................................. 15 WORK RELATED EXPENSES......................................................................................................16 MEALS, ALLOWANCES AND ACCOMMODATION .................................................................................. 16 REIMBURSEMENT OF EXPENSES ....................................................................................................... 17 CAREER OPPORTUNITIES ..........................................................................................................18 VACANCIES...................................................................................................................................... 18 ENDORSEMENT ON AN AIRCRAFT TYPE ............................................................................................. 18 CAREER PROGRESSION ................................................................................................................... 18 SUPPLEMENTARY MOVE ................................................................................................................... 19 LOYALTY MOVE ............................................................................................................................... 19 COMMAND VACANCIES APPOINTMENT CRITERIA................................................................................ 19 LONG HAUL OPPORTUNITIES AND RETENTION OF DATE OF JOINING ................................................... 19 DUTIES AND OPERATIONAL PROVISIONS...............................................................................21 PILOT'S DUTIES ............................................................................................................................... 21 ROSTERS AND RELATED MATTERS ................................................................................................... 21 CALLOUT ......................................................................................................................................... 25 CONTACTING PILOTS........................................................................................................................ 25 FATIGUE MONITORING AND BIDDING ................................................................................................. 25 INSURANCE AND RELATED MATTERS.....................................................................................27 LOSS OF LICENCE ............................................................................................................................ 27 DEATH BENEFIT INSURANCE ............................................................................................................. 27 PILOT INDEMNITY ............................................................................................................................. 27 LEAVE............................................................................................................................................28 ANNUAL LEAVE ............................................................................................................................... 28 PERSONAL LEAVE ............................................................................................................................ 29 UNPAID CARERS LEAVE AND PAID COMPASSIONATE LEAVE ............................................................. 30 PARENTAL LEAVE ............................................................................................................................ 30 LONG SERVICE LEAVE ..................................................................................................................... 30 OTHER LEAVE ................................................................................................................................. 31 UNAUTHORISED LEAVE .................................................................................................................... 31 GENERAL EMPLOYMENT PROVISIONS ....................................................................................32 ACCESS TO TERMS AND CONDITIONS OF EMPLOYMENT ..................................................................... 32 PROBATIONARY PERIOD ................................................................................................................... 32 INCIDENTS/INVESTIGATION................................................................................................................ 32 STANDARDS AND CONDUCT .............................................................................................................. 32
8.5 8.6 8.7 8.8 8.9
REDUNDANCY...................................................................................................................................33 STAND DOWN ...................................................................................................................................33 TRANSFERS......................................................................................................................................33 DISPUTE SETTLEMENT PROCEDURE ..................................................................................................34 ANTI-DISCRIMINATION.......................................................................................................................34
APPENDIX 1: VIRGIN BLUE WORK RULES APPENDIX 2: ANNUAL LEAVE BIDDING SYSTEM
Agreement Objectives and Application
1
1.1

Agreement Title
The title of this Agreement is the Virgin Blue Pilot's Agreement 2007 (Agreement). 1.1.1
1.2
1.2.1 1.2.2
Parties to and Application of this Agreement

The parties to this Agreement are Virgin Blue and the Australian Federation of Air Pilots (AFAP). This Agreement is binding on: (a) (b) (c) Virgin Blue; The AFAP; and Pilots employed by Virgin Blue who fly Boeing 737 or Embraer aircraft in Virgin Blues Australian domestic operations.
1.2.3
This Agreement applies to pilots employed by Virgin Blue who fly Boeing 737 or Embraer aircraft in Virgin Blues Australian domestic operations.
1.3
1.3.1 1.3.2
Agreement Objectives
The introduction of this Agreement between Virgin Blue, the AFAP and Virgin Blue pilots represents a new basis for domestic aircraft operations within Australia. It is recognised by the parties that benefits projected will depend on ongoing consultation and cooperation and that all circumstances and eventualities may not have been anticipated when developing this Agreement. To this end, the following reflects the objectives of the parties and the agreed process for managing the Agreement in an ongoing sense: (a) (b) (c) Improved management of fatigue with the establishment of a Fatigue Risk Management System (FRMS); Increase in days free of duty per 28 day roster cycle. Increased pilot productivity on a day to day basis (pilot productivity shall be measured in terms of flying time not duty time and the ideal average shall be greater than 5 hours per day); Increased ability to recover from disruptions; Reduced downtime at airports; Minimise positioning; Introduction of the Preferential Bidding System (PBS) for improved lifestyle; and Creating career progression opportunities for all pilots.
1.3.3
(d) (e) (f) (g) (h)
1.4
1.4.1 1.4.2
Term of Agreement
This Agreement will operate from the day it is lodged with the Office of the Employment Advocate and remain in force until 30 November 2011. The parties agree that implementation of the Virgin Blue Work Rules shall commence no later than 31 January 2008, subject to clause 5.5.2.1.
1.5
1.5.1
Relationship with Other Industrial Instruments and Legislation

This Agreement is a comprehensive agreement and replaces and excludes all other agreements and awards (including all protected award conditions in those awards). Notwithstanding this, the parties acknowledge that certain clauses from the Virgin Blue Pilots Agreement 2002 and related transitional arrangements shall prevail until the Virgin Blue Work Rules are implemented. These provisions are detailed in Appendix 1. This Agreement does not exclude State laws dealing with occupational health and safety and workers' compensation. Virgin Blue and the AFAP agree that this agreement settles all claims made by them for the life of the Agreement.
1.5.2 1.5.3
1.6
1.6.1
Definitions and Interpretation:

In this Agreement: Acclimatised is when a pilot has spent 3 consecutive local nights on the ground within a time zone which is 2 hours wide, and is able to take uninterrupted nights sleep. The pilot will remain acclimatised thereafter until a duty period finishes at a place where local time differs by more than 2 hours from that at the point of departure. Accommodation means accommodation to an agreed standard provided for a pilot by Virgin Blue whilst on duty. AFAP means Australian Federation of Air Pilots, a Registered Organisation under the Workplace Relations Act 1996, residing at 132-136 Albert Road, South Melbourne [ABN 63230452036]. AIRC means the Australian Industrial Relations Commission or its successor. Annual Salary means: a) For all pilots other than pilots who are employed under a training salary in accordance with clause 4.2: Endorsement on an Aircraft Type in accordance with clause 2.1.2: Annual Salaries for Pilots of this Agreement: For any pilots employed under a training salary in accordance with clause 4.2: Endorsement on an Aircraft Type, the training salary (or salaries) as agreed between Virgin Blue and the AFAP.
1.6.2 1.6.3
1.6.4 1.6.5
b)
1.6.6 1.6.7 1.6.8 1.6.9 1.6.10
Assign/ed means allocation to a pilot of a duty, vacancy or period of leave for which the pilot has not bid. Award/ed means allocation to a pilot of a duty, vacancy or period of leave as a result of the pilots bid or acceptance of an offer. Blank day means a day that is not a duty day, designated day off or a leave day. It means a day when a pilot is not required to be available for duty and must be at home base. Captain means a pilot employed to act in command of an aircraft. CPI means the annualised consumer price index for all groups published by the Reserve Bank of Australia for the year ending in the March quarter immediately preceding the annual salary increase. Credit hours mean actual block hours and notional hours used to pro-rate activities during roster preparation. Day means a calendar day.
1.6.11 1.6.12
1.6.13
Designated Day Off means the period a pilot will be free of all duty at home base or base to which temporarily transferred, which shall include 2 local nights with a minimum of 8 hours between 2200 hours and 0800 hours local time. Consecutive days off shall include a further local night for each additional consecutive designated days off. A rest period may be included as part of a designated day off. Duty means the work of a pilot and covers any and all activities associated with being a pilot including simulator, positioning, standby, duty travel and ground based courses which may be required of a pilot by Virgin Blue in accordance with rules provided in this Agreement. Early Start Duty/Early Morning Duty is a duty which commences in the period 0500 to 0659 hours local time (at sign on port). Embraer for the purposes of this Agreement shall mean any Embraer aircraft configured for less than 120 passengers. First Officer means a pilot employed to act as co-pilot of an aircraft. Flight Duty Period (FDP) means any time which a pilot operates in an aircraft as a member of its crew. It starts when the pilot is required by Virgin Blue to report for a flight and finishes onchocks on the final sector. Flight time means any time in which a pilot operates in an aircraft as a member of its crew. It starts when the aircraft moves off chocks and stops when the aircraft is on chocks at the completion of the flight. Home base is the base to which a pilot is permanently assigned and will be nominated in writing by Virgin Blue. Hourly rate, at the commencement of this Agreement, shall be $200 per flight hour for a B737 Captain or $160 for an Embraer Captain and pro-rated accordingly for First Officers. This rate shall increase on 1 July 2008 and thereafter in line with increases to Annual Salary as outlined in this Agreement. Late Finish Duty is a duty which finishes in the period 0100 to 0159 hours local time (at destination port). Local night is a period of 8 hours falling between 2200 hours and 0800 hours local time. Move for the purposes of Section 4: Career Opportunities shall mean a change in rank or aircraft type. Night duty occurs if any part of the duty falls within the period 0200 and 0459 hours local time (at either departure or arrival port). Nominated Day is any Blank day, Designated Day Off, or leave day that a pilot nominates to Virgin Blue that s/he is available for duty. Positioning means transferring a pilot between ports as a passenger in surface or air transport and shall count as duty time. Where positioning forms part of a flight duty, the positioning will be included within the applicable flight duty period (FDP) and the FDP limitation will be calculated using the number of operating sectors only. Regular, when applied to duties that are Late Finishes, Night or Early Starts, means a run of 4 or 5 consecutive duties, not broken by a period of 34 hours free from such duties, contained in a single 7 consecutive day period. Rest period is a period of time before starting a flying duty designed to give pilots adequate opportunity to rest before a flight as is specified in this Agreement. Roster period shall mean a nominated 28 day period.
1.6.14
1.6.15 1.6.16 1.6.17 1.6.18
1.6.19
1.6.20 1.6.21
1.6.22 1.6.23 1.6.24 1.6.25 1.6.26 1.6.27
1.6.28
1.6.29 1.6.30

1.6.31 1.6.32 1.6.33 1.6.34 1.6.35 1.6.36 1.6.37 1.6.38 1.6.39 1.6.40 1.6.41 1.6.42 1.6.43 1.6.44 Rostered Duty /Planned duty is a duty period, or series of duty periods, with stipulated start and finish times, notified by Virgin Blue to pilots in advance. Scheduled Duty is the allocation of a specific flight or flights or other duties to a pilot within the pre-notified rostered/planned series of duty periods. Scheduled flight time is the flight time notated in a pilots roster or notified to a pilot at the time flight duty is awarded/assigned. Sector means the time between an aircraft first moving under its own power until it next comes to rest after landing on the designated parking position. Shall/Will means a legal obligation imposed by this Agreement. Sign-off means the time at which a pilot completes all duties. Minimum sign-off periods are specified in this agreement at clause 5.2.3: Sign-On and Sign-Off Time. Sign-on means the actual time at which a pilot commences a duty. Minimum sign-on periods are specified in this agreement at clause 5.2.3: Sign-On and Sign-Off Time. Split duty is a flying duty period which consists of two sectors or more, separated by less than a minimum rest period and shall only occur as agreed between the parties. Suitable Resting Accommodation is a well furnished bedroom, which is subject to minimum noise, is well ventilated and has the facility to control the level of light and temperature. Time where expressed in this Agreement refers to local time, unless otherwise specified. Travelling is all time spent by a pilot transiting between the place of rest and the place of reporting for duty. Virgin Blue shall mean Virgin Blue Airlines Pty Ltd (ACN 090 670 965). Virgin Blue Work Rules means the rules as prescribed in Appendix 1 of this Agreement. The Virgin Blue Work Rules form part of the Virgin Blue Fatigue Risk Management System. Week is a period of 7 consecutive days starting at 0001 Local Time on Monday, in a pilots base.
1.7
1.7.1
Facilitative Provisions
This Agreement is made on the basis that certain provisions can change during the life of this Agreement as long as the agreed procedures for those changes are followed. To that end, the parties agree that changes to the following provisions can be affected as follows: (a) In the case of changes to the Virgin Blue Work Rules by agreement between Virgin Blue and the AFAP and/or by recommendation of the governance committee of the Virgin Blue Fatigue Management System; In the case of changes to preferential bidding system arrangements - by agreement between Virgin Blue and the AFAP; In the case of changes to the standards of sustenance/meals and/or accommodation - by agreement between Virgin Blue and the PWC; In the case of conditions specific to the flexible work-time arrangements by agreement between Virgin Blue and AFAP; In the case of changes to annual leave bidding arrangements by agreement between Virgin Blue, the PWC and the AFAP; In the case of conditions specific to the introduction and operation of the Embraer by agreement between Virgin Blue and the AFAP; In the case of conditions specific to endorsement training being conducted in-house and/or being paid for by Virgin Blue by agreement between Virgin Blue and the AFAP; and
(b) (c) (d) (e) (f) (g)

(h) In the case of conditions specific to the rostering of split duties by agreement between Virgin Blue and the PWC.
1.8
1.8.1 1.8.2
Pilot Workplace Committee (PWC)

The primary roles of the PWC are as stipulated in clause 1.7 Facilitative Provisions above, to represent views of the pilot group and to provide feedback to pilots after meetings. Whilst the composition of the PWC will vary over time with the size, structure and needs of Virgin Blue, the PWC will, as a minimum, be comprised of 6 pilots and be representative of the aircraft types. The pilot representatives shall be elected by the pilot group for a tenure of two years. Half shall be elected each year to ensure continuity of pilot representation. The pilot representatives not on approved leave shall be rostered to attend all monthly PWC meetings. Additionally, the PWC agree to act as the occupational health and safety committee and to raise issues with Virgin Blue as required. Virgin Blue undertakes to provide the necessary training to the nominated OH&S Committee Representatives. The PWC shall meet separately beforehand, prior to meeting with Virgin Blue representatives, on a monthly basis.
1.8.3
1.8.4
Remuneration
2
2.1
Remuneration
Remuneration Package
A pilots remuneration package for the life of this Agreement will comprise the following:
a) b) c) d) e) f) Annual Salary (which includes a component for professional retention payments and for the Virgin Blue Work Rules); Additional allowances for Check Captains and Training Captains; A lump sum payment for the Virgin Blue Work Rules for all pilots employed as at 1 January 2008; Payments for working on a Designated Day Off, Blank Day, Grey Day and leave day; Payments for flying more than 71 hours in a roster period; and Superannuation.
2.1.1
2.1.2
2.1.2.1
Annual Salaries for Pilots

Captain Salary Levels From 1 July 2007 onwards Annual Salaries for Captains covered by this Agreement will be: 737 Captain
July 2007 $169,110 Which is calculated as follows: 1) $141,184 current annual salary; 2) Plus $8,000 for the Virgin Blue Work Rules; 3) Plus $15,000 professional retention payment; 4) Plus 3% on all the above.
July 2008 $174,183 Which is a 3% increase on 2007 annual salary.
July 2010 No less than $184,791 Captains will be paid the higher of a 3% increase in 2009 annual salary or CPI up to a maximum of 5%.
July 2011 No less than $190,334 Captains will be paid the higher of a 3% increase in 2010 annual salary or CPI up to a maximum of 5%.
Embraer Captain July 2007 $135,288 July 2008 $139,346 Which is a 3% increase on 2007 annual salary. July 2009 $143,527 Which is a 3% increase on 2008 annual salary. July 2010 No less than $147,832 Captains will be paid the higher of a 3% increase in 2009 annual salary or CPI up to a maximum of 5%. July 2011 No less than $152,267 Captains will be paid the higher of a 3% increase in 2010 annual salary or CPI up to a maximum of 5%.
10
Remuneration
2.1.2.2 First Officer Salary Levels
From 1 July 2007 onwards, Annual Salaries for First Officers covered by this Agreement will be as follows: 737 First Officer Level 1 Annual Salary July 2007 $93,010 Which is 55% of the 737 Captains annual salary July 2008 $95,801 Which is a 3% increase on 2007 annual salary. July 2009 $98,675 Which is a 3% increase on 2008 annual salary. July 2010 No less than $101,635 First Officers will be paid the higher of a 3% increase in 2009 annual salary or CPI up to a maximum of 5%. No less than $110,874 First Officers will be paid the higher of a 3% increase in 2009 annual salary or CPI up to a maximum of 5%. No less than $120,114 First Officers will be paid the higher of a 3% increase in 2009 annual salary or CPI up to a maximum of 5%. July 2011 No less than $104,684 First Officers will be paid the higher of a 3% increase in 2010 annual salary or CPI up to a maximum of 5%. No less than $114,201 First Officers will be paid the higher of a 3% increase in 2010 annual salary or CPI up to a maximum of 5%. No less than $123,717 First Officers will be paid the higher of a 3% increase in 2010 annual salary or CPI up to a maximum of 5%.
Level 2 Annual Salary
$101,466 Which is 60 % of the 737 Captains annual salary
$104,510 Which is a 3% increase on 2007 annual salary.
$109,921 Which is 65% of the 737 Captains annual salary
11
Remuneration
Embraer First Officer Level 1 Annual Salary
July 2007 $74,408 Which is 55% of the Embraer Captains annual salary
July 2010 No less than $81,308 First Officers will be paid the higher of a 3% increase in 2009 annual salary or CPI up to a maximum of 5%. No less than $88,699 First Officers will be paid the higher of a 3% increase in 2009 annual salary or CPI up to a maximum of 5%. No less than $96,091 First Officers will be paid the higher of a 3% increase in 2009 annual salary or CPI up to a maximum of 5%.
July 2011 No less than $83,747 First Officers will be paid the higher of a 3% increase in 2010 annual salary or CPI up to a maximum of 5%. No less than $91,360 First Officers will be paid the higher of a 3% increase in 2010 annual salary or CPI up to a maximum of 5%. No less than $98,974 First Officers will be paid the higher of a 3% increase in 2010 annual salary or CPI up to a maximum of 5%.
$81,173 Which is 60 % of the Embraer Captains annual salary
$87,937 Which is 65% of the Embraer Captains annual salary
2.1.2.3 2.1.2.4
The above annual salaries include an allowance recognising the current South West Pacific / New Zealand international operation (June 2006). The parties recognise the volatile nature of the airline industry. Should the future financial viability of Virgin Blue be a concern to the parties during the course of this Agreement, the parties agree to discuss the most effective means of ensuring Virgin Blue remains viable. This clause is only to be used as a last resort and with the specific purpose of ensuring the continued viability of Virgin Blue and the continuing employment of pilots. The level of a First Officer will be based upon a series of parameters including total hours, hours on type, hours in two-pilot operations, qualifications and experience in high-capacity operations. A First Officer will progress through the levels when the specified criteria are attained. Virgin Blue shall publish the required criteria.
2.1.2.5
12
Remuneration
2.1.2.6 2.1.2.7 The criteria established for the above levels shall not be varied during the course of this Agreement without the agreement of the parties. Annual salaries include an amount for all public holidays, loadings, shift penalties and allowances unless specifically referred to in this Agreement. Annual salaries have also been calculated so as to remunerate pilots for all leave, up to and including 71 flying hours each roster period and all non flying duties associated with the profession of a pilot.
2.1.3
2.1.3.1
Salary Allowances - Check Pilots and Training Pilots

Pilots performing training pilot functions will be paid in addition to annual salary a 10% loading on annual salary whilst performing such duties. Such pilots will be appointed for a minimum of six roster periods. A Training Captain shall be given a minimum of 28 days written notice prior to termination of Training Captain duties. Any subsequent reappointment shall be for a minimum of a roster period and at the discretion of Manager Flight Standards. Where a pilot is performing both check and training pilot functions that pilot will be paid in addition to annual salary a 16% loading on annual salary whilst performing such duties. From the commencement of this Agreement all Check Captains (including current Check Captains) will be appointed for a minimum of two years. Check Captains shall be given a minimum of 3 roster periods written notice prior to termination of their check captain duties. Three (3) month notice does not apply where check captain duties are terminated for disciplinary reasons. All check captain duties will be fairly and equitably distributed between all Check Captains. Upon implementation of the Virgin Blue Work Rules, where a Check Captain has been assigned checking duties in a roster, s/he will not be assigned more than 15 days duty in that roster. Check Captains shall be rostered personal flying sufficient to maintain proficiency. Check Captains shall be able to access the Preferential Bidding System for bidding along with all other pilots. The allocation of check/training duties commences prior to the normal close of roster bidding and continues until rosters are constructed. To provide Check Captains with greater success on bids, Virgin Blue shall consider any bids submitted by Check Captains prior to the check/training duty being assigned. Pre-assigned duties are made available to Check Captains to assist with bidding. Pilots performing these duties will be notified in writing of the period for which the functions and additional allowances will apply. Otherwise the allowance will be paid during annual leave, sick or long service leave provided the pilot was engaged in such functions for 2 months prior to the leave being taken. Check Captains and Training Captains who are entitled to extra flying hours payments shall be paid the hourly rate specified in clause 1.6.21. Six months after the implementation of the Virgin Blue Work Rules the parties and a representative from the check captain group shall review the remuneration and lifestyle package applicable to Check Captains to ensure they have the opportunity to gain relative improvements in remuneration and lifestyle.
2.1.3.2
2.1.3.3
2.1.3.4 2.1.3.5
2.1.3.6
2.1.3.7 2.1.3.8
2.1.4
Management Pilots
Nothing contained in this Agreement will prevent a management pilot being reappointed by Virgin Blue to a check and training or line operations position. In these circumstances, the pilot will be bound by the terms and conditions of this Agreement including where applicable reinstatement of original date of joining for the purposes of this Agreement.
13
Remuneration
2.1.5
Pilot Representatives
Six months after the implementation of the Virgin Blue Work Rules the parties shall review the remuneration and lifestyle package applicable to pilot representatives (e.g. PWC, FRMS and FDM) who are assigned administration duties during a roster period, to ensure they have the opportunity to gain relative improvements in remuneration and lifestyle.
2.1.6
Salary Sacrifice
A salary sacrifice scheme will operate on the following: superannuation, motor vehicles through novated leases, personal computers, the professional retention component of Annual Salary and other items that may be agreed between the parties.
2.2
2.2.1
Additional Virgin Blue Work Rules payment

In addition to the Virgin Blue Work Rules payment included in Annual Salaries from 1 July 2007 (refer clause 2.1.2; Annual Salaries for Pilots), Captains and First Officers employed as at 1 January 2008 will receive the following payment: a) b) c) d) 737 Captains $8,240; Embraer Captains $6,592; 737 First Officers 55%, 60% or 65% of $8,240, depending on the First Officers annual salary level at the time; and Embraer First Officers - 55%, 60% or 65% of $6,592, depending on the First Officers annual salary level at the time.
2.2.2
The above payments will be made in the first pay period in January 2008.
2.3
2.3.1
Payment for Working on Designated Day Off, Blank Day or Leave Day
From the commencement of this Agreement, where a pilot agrees to and performs duty on a Designated Day Off, Blank day, or leave day the pilot shall receive payment at the hourly rate specified in clause 1.6.21 for every hour or pro rata hour flown, with a minimum of 5 hours pay per duty. Pilots who perform work on a Blank Day, Designated Day Off are not entitled to a substitute Blank Day/Designated Day Off. Pilots who perform work on leave day are entitled to a substitute leave day. Any hours flown under this clause will not count towards a pilots extra flight hours payment in clause 2.4: Extra flight hours payments.
2.3.2 2.3.3 2.3.4
2.4
2.4.1
Extra flight hours payments

Following the commencement of the Virgin Blue Work Rules, where a pilot is rostered and does fly more than 71 flight hours each roster period, they will be entitled to payment at the hourly rate specified in clause 1.6.21 for every flight hour or pro rata flight hour flown over 71 flight hours. Total flight hours for each roster period for the purposes of this clause will be pro-rated for periods of approved annual leave, long service leave and parental leave in accordance with the table in clause 5.2.1.8. A duty within a pairing shall always credit the actual flight time or scheduled flight time, whichever is greater. Flight time/scheduled flight time shall be accumulated and calculated at the end of the roster period to the nearest minute. Extra flight hours payments shall be paid in the first fortnightly pay after the end of each roster period.
2.4.2
2.4.3
2.4.4
14
Remuneration
2.4.5 From 1 July 2007 up until the time that the Virgin Blue Work Rules commence, pilots will receive the appropriate hourly rate for any hours or part thereof flown in excess of 77 flight hours each calendar month (and pro rata if the last period before the commencement of the Virgin Blue Work Rules is less than 1 month).
2.5
2.5.1
Superannuation
Virgin Blue shall make superannuation contributions at the rate prescribed by the Superannuation Guarantee (Administration) Act 1992 (currently 9%) in respect of a pilots Annual Salary, salary allowances for Check Captains and Training Captains, extra flight hours payments and payments for working on a Designated Day Off, Blank day and leave day. To avoid confusion, Virgin Blue will have no obligation to make or provide for superannuation contributions on payments for other forms of remuneration, earnings, allowances (e.g. meals) or incentives that may be provided to pilots by Virgin Blue during the term of this Agreement.
2.5.2
2.6
2.6.1 2.6.2 2.6.3
Payment of Salary
Salaries will be paid fortnightly by electronic transfer. Superannuation and superannuation salary sacrifice payments will be paid monthly to the pilots nominated superannuation fund, using Virgin Blues payment process. Upon termination, any monies owed to a pilot, including salary, shall be paid within three working days of a pilots termination date.
2.7
2.7.1
Overpayments
Virgin Blue will be entitled to deduct from a pilot's remuneration, any overpayments made to the pilot within the preceding 12 months. The rate of repayment will be mutually agreed provided that where no agreement is reached, the rate of repayment will not exceed 7.5% of the pilot's net monthly remuneration for each month until the overpayment is fully recovered. Where a pilots employment is terminated, any amount owed will be offset in full against monies due to the pilot.
15
Work Related Expenses
3
3.1

Meals, Allowances and Accommodation
Flying over a Meal Period
To ensure that a pilot is not subjected to fatigue and recognising the nature of the Virgin Blue operation, a pilot on duty and operating an aircraft during the following meal periods will be provided with in-flight sustenance and beverages for: Meal Breakfast Lunch Dinner Late Night Supper 3.1.1.2 3.1.1.3 Time Period 0600 - 0800hrs 1200 - 1400hrs 1800 - 2000hrs Where a flight departs between 2300-0300hrs
3.1.1
3.1.1.1
All times are referenced to the local sign on time. Where a pilot is operating in a FDP in excess of 3 hours and this period does not embrace a meal period as outlined above, operating pilots shall be provided with appropriate and adequate sustenance.
3.1.2
3.1.2.1
Overnight Meal Allowance

The following allowances will be paid where the pilot overnights in the course of a pairing for: Meal Breakfast Lunch Dinner Time Period 0600 - 0800hrs 1200 - 1400hrs 1800 - 2200hrs Allowance $21.30 $30.15 $42.25
3.1.2.2 3.1.2.3 3.1.2.4 3.1.2.5
In addition, an amount of $21.35 for incidental expenses will be paid for each overnight that occurs. All the above allowances will be varied in line with the relevant Australian Taxation Office Ruling as issued from time to time. An overnight split duty shall attract the above allowances. The parties acknowledge that the relevant allowances in this Agreement are reasonable amounts set by the Commissioner of Taxation based on the premise of a bona fide travel allowance and the fact that deductible meals and incidentals are incurred. The above allowances shall be paid in the first fortnightly pay after the end of the relevant roster period.
3.1.2.6
16
3.1.3
3.1.3.1
Night Duty
Where a pilot completes a night duty at home base and the pilot considers that they are or may be too fatigued to drive home, Virgin Blue shall organise such pilot, at Virgin Blues discretion, either: (a) (b) adequate accommodation (and transport to and from where required) that enables a pilot to rest and drive home unaffected by fatigue, or transport home (and return transport to the airport to collect their vehicle, if required).
3.1.3.2
Where a pilot uses this provision, Virgin Blue may require the pilot to pay and claim for reimbursement for any expenses incurred. In such cases, expenses will be reimbursed through V-claim upon production of relevant receipts.
3.1.4
3.1.4.1
Incidentals
Pilots away from home base at the direction of Virgin Blue will be provided with accommodation of an agreed standard and transport to and from the airport to Virgin Blue arranged accommodation. Pilot representatives from the PWC shall be involved in the selection of the above accommodation. Subject to clause 3.1.4.3, where a pilot is required for duty purposes to remain overnight away from home base and the pilot does not use Virgin Blue provided accommodation the pilot will receive an additional overnight allowance of $72 per overnight. This allowance shall increase to $80 on 1 January 2010. Where a pilot does not advise Virgin Blue at least 36 hours in advance of planned hotel check-in time of his/her intention not to use Virgin Blue provided accommodation or does not stay at such accommodation, the additional overnight allowance will not be paid. Where a pilot elects not to use Virgin Blue accommodation, they will be responsible for providing their own transport from and to the airport to meet the required sign-on times. If sufficient capacity exists on the booked crew transport, it can be utilised by pilots for transport to and from the crew hotel.
3.1.4.2
3.1.4.3
3.1.4.4
3.2
3.2.1
Reimbursement of Expenses
Work related expenses will be reimbursed fortnightly by electronic transfer.
17
Career Opportunities
4
4.1
Vacancies
Vacancies for positions on any aircraft type will be advertised internally. Applicants will be given details about the relevant skills and experience needed for the aircraft and the base location. Internal applicants will be given priority over external applicants, provided the internal applicants have the requisite skills, performance history and experience. Date of joining will be used to distinguish between internal candidates followed by performance history and experience. Nothing contained in this Agreement will prevent Virgin Blue from hiring people external to the business on aircraft types within its Australian domestic operations once it has complied with clause 4.1.1. Check and training appointments on any aircraft type are not covered by the above. Check and training appointments are at the sole discretion of Virgin Blue. 4.1.1
4.1.2
4.1.3
4.2
4.2.1
Endorsement on an Aircraft Type

The parties have discussed the possibility of initial endorsement training being conducted inhouse and/or being paid for by Virgin Blue. Should that occur, Virgin Blue and the AFAP shall meet to determine specific related issues including but not limited to training salary and endorsement cost offsets. Internal candidates who are selected to fly an aircraft type but do not yet have the relevant training or hold the relevant endorsement will be given the opportunity to obtain that training and endorsement on the following terms. (a) (b) Virgin Blue will pay all training and endorsement costs; The pilot who passes the training and endorsement requirements agrees to remain employed on the aircraft type for a minimum of 30 months from the date a pilot is cleared to line. The pilot who passes the training and endorsement requirements but who later resigns from Virgin Blue (other than for medical reasons or compassionate reasons or retirement) within 3 years from the date the pilot is cleared to the line, shall repay the training and endorsement costs on a reducing pro rata basis, calculated weekly. The training and endorsement costs can be recovered in part or in whole from any money owed to the pilot by Virgin Blue on termination.
4.2.2
(c)
(d) 4.2.3 4.2.4
Subject to clause 4.4: Supplementary Move all pilots shall be frozen on an aircraft type for a minimum of 30 months from the date they are cleared to line. The 737 and Embraer training and endorsement costs are currently AUD 30,000. The parties shall review training and endorsement costs from time to time.
4.3
4.3.1
Career Progression
A pilot who is employed as a first officer is entitled to a maximum of two moves in accordance with clause 4: Career Opportunities during his/her employment with Virgin Blue. The first move must always be to gain a promotion in rank. The second need not be to gain a promotion in rank. A pilot who is employed as a Captain is entitled to one move in accordance with clause 4: Career Opportunities during his/her employment with Virgin Blue. This move can be either to take up the same rank or different rank. Promotion to check and training positions are not regarded as a move. Captains who move to be a first officer on an aircraft type will not be entitled to any further moves which may be available to first officers.
4.3.2
4.3.3
18
4.3.4 Once a pilot has used his/her allocated moves, s/he shall be required to stay on the aircraft type in the rank that was achieved as a result of making his/her final move, except if the pilot makes a supplementary move or exercises the right to a loyalty move. A move is not recorded as a move until the pilot has satisfactorily passed the training and endorsement requirements associated with the move. Should an employed pilot fail his/her endorsement such pilot shall, where applicable, be able to revert to that pilots previous aircraft type or consolidate training on the new type as a First Officer. In the latter case, where a pilot was previously on a higher type he/she shall maintain the salary applicable to the higher type for the period of consolidation flying.
4.3.5 4.3.6
4.4
4.4.1
Supplementary Move
A supplementary move is a move at the request of Virgin Blue or a move at the request of a pilot. The terms applicable to the two types of supplementary move are as follows: (a) A supplementary move at the request of Virgin Blue can occur at any time where Virgin Blue requires experienced pilots to fly an aircraft type. Where a pilot is approached and agrees to fly another aircraft type in accordance with this clause, his/her current remuneration will not be reduced. Such pilot will not be subject to the obligations in clause 4.2: Endorsement on an Aircraft Type as a result of gaining the endorsement on a new aircraft type. Pilots transferred under this clause must however serve a minimum of 12 months from the date a pilot is cleared to line on an aircraft type before being able to return to their previous aircraft type and base, unless otherwise agreed. The right of such a pilot to return to his/her previous aircraft type and base will be the subject of discussion with the affected pilot but will not be subject to a vacancy existing or operational requirements. A supplementary move at the request of the pilot, can occur at any time, provided there is a vacancy on an aircraft type, the pilot is not frozen on type and the pilot is successful in gaining that position. Such pilot will pay all the endorsement and training costs associated with the supplementary move and will not be subject to the obligations in clause 4.2: Endorsement on an Aircraft Type.
(b)
4.4.2
A supplementary move shall be in addition to any moves provided for in clause 4.3: Career Progression.
4.5
4.5.1
Loyalty Move
A pilot who has completed 10 years of service with Virgin Blue shall be entitled to a move in addition to any moves provided for in clause 4.3: Career Progression. Virgin Blue will pay all training and endorsement costs.
4.6
4.6.1
Command Vacancies Appointment Criteria

Promotion within Virgin Blue will be based on a pilots start date and performance history provided that the Pilot has met the minimum criteria as specified in the Virgin Blue Operations Manual. Where a pilot becomes entitled to command promotion and that pilot is not granted such promotion, Virgin Blue shall interview that pilot to explain why the promotion was not granted. The pilot shall have the right to have a representative in attendance.
4.6.2
4.7
4.7.1
Long Haul Opportunities and Retention of Date of Joining

The parties acknowledge that Virgin Blue Holdings Limited has made commitments to pilots about opportunities for career progression into a business that is being developed, which will be long haul operations. The commitments that have been made in respect of those opportunities have been made in a Deed (between Virgin Blue Holdings Limited and the AFAP). The commitments contained in that Deed are separate from and do not form part of this Agreement.
19
4.7.2 For the purposes of this Agreement however, the parties agree that if pilots covered by this Agreement commence employment with the long haul operation, they shall be able to return to Virgin Blue when appropriate vacancies exist as determined by their date of joining Virgin Blue, such date to be recognised for the purpose of calculating length of service.
20
Duties and Operational Provisions
5
5.1

Pilot's Duties
A pilot in performing his/her duty will act within the limits of his/her skills, competencies and training. Pilots while on duty will conduct themselves professionally and comply with all relevant policies and procedures. A pilot will not fly an aircraft for hire or reward other than an aircraft operated by and/or for Virgin Blue unless Virgin Blue consents in writing. A pilot may fly privately subject to prior approval and provided the pilot does not compromise his/her ability to fly for Virgin Blue. A pilot shall not knowingly operate an aircraft and Virgin Blue shall not knowingly require or knowingly permit a pilot to operate an aircraft unless at the start of the duty period: (a) (b) (c) Virgin Blue has provided opportunity for and the pilot has taken adequate rest; Virgin Blue has provided opportunity for and the pilot has taken adequate sustenance; and A pilot is free of any fatigue, illness, injury, medication or drug which could impair the safe exercise of his or her licence privileges. 5.1.1 5.1.2 5.1.3
5.1.4
5.2
5.2.1
5.2.1.1
Rosters and Related Matters

Rosters
The following provisions will apply: A roster period will be a nominated 28 day period. Rosters will be prepared and be available at least 7 days before the first day of the relevant roster period. Twelve months from the introduction of the new roster build software this 7 day window will be reviewed by the parties and if achievable the window will be extended. Virgin Blue shall provide pilots with a list of projected roster periods and start and finish dates, bid closing dates and roster publication dates. Each roster will specify the pilot's designated days off, blank days, duty days with sign on/sign off, standby periods, simulator periods, checks, training, ground duties, other courses, any leave periods and any other matter thought relevant. Following the introduction of the new bidding system, pre-assigned duties (i.e. checks, training, simulator, ground duties, other courses) will be made available for viewing a minimum of 7 days prior to the close of roster bidding. Rosters will be available electronically on the Virgin Blue 'extranet'. Virgin Blue will roster to a maximum of 3 nights in any one pairing away from home base on domestic operations. All non flying duties (e.g. training and simulator duties) except assigned administration duties will be rostered over and above flight hours.
5.2.1.2 5.2.1.3
5.2.1.4
5.2.1.5 5.2.1.6 5.2.1.7
21

5.2.1.8 At the roster build stage, where a pilot takes any leave approved in advance during a roster period, rostered flight hours and designated days off will be pro rated in accordance with the following:
Absence Days Designated Days Off Available (12 DDO roster period) Designated Days Off Available (11 DDO roster period) Targeted Flight time at 71 Hours (+/- 7%)
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
12 12 11 11 10 10 9 9 9 8 8 7 7 6 6 6 5 5 4 4 3 3 3 2 2 1 1 0 0
11 11 10 10 9 9 9 8 8 7 7 7 6 6 6 5 5 4 4 4 3 3 2 2 2 1 1 0 0
71 68.5 66 63.4 60.8 58.3 55.8 53.3 50.7 48.2 45.7 43.1 40.5 38.1 35.5 33 30.5 27.9 25.3 22.8 20.3 17.8 15.2 12.7 10.4 7.6 5 2.6 0
22

5.2.1.9 At the roster build stage, where a pilot is assigned administration duties during a roster period, rostered flight hours will be prorated in accordance with the following:
Admin Days Targeted Flight time at 71 Hours (+/7%)
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
66.5 62 57.5 53 49.5 45 40.5 36 31.5 27 22.5 18 13.5 9 4.5 0 0
5.2.2
5.2.2.1
Work Rules Buffers

Virgin Blue applies buffers to some work rules to minimise operational disruption, protect ontime performance and provide greater roster stability for pilots. Buffers may be specific to an aircraft type, port (e.g. SYD peak periods), curfews, flight combinations or specific events (e.g. airport works). Virgin Blue will make available a list of rules and buffers in use at any time, on request by the PWC. Where buffers are inadequate they shall be reviewed by the parties.
5.2.3
5.2.3.1
Sign-On and Sign-Off Time

The minimum period of time for pre-flight (sign-on) and post-flight (sign-off) duty is specified in the table below and may only be reduced at the discretion of the Captain. Activity Flight Duty (Domestic) Positioning Duty Only Positioning Duty prior to Operating Sector Ground Duties Sign On 60 minutes 30 minutes 60 minutes At the specified time Sign Off 30 minutes 30 minutes 30 minutes At the specified time
23
5.2.4
5.2.4.1
Displacement
A pilot may be displaced from rostered duty for the following reasons: (a) (b) (c) (d) (e) (f) Flight cancellation; Checking or training; Disruption to services due to weather or mechanical malfunction; OH&S; Pilot illness; or For any relevant administrative requirement.
5.2.4.2 5.2.4.3 5.2.4.4
A pilot who is displaced from duty shall be the first pilot called for any subsequent duty in accordance with clause 5.3: Callout. A pilot shall not be displaced for time balancing purposes associated with extra flight hours payments. A pilot who is displaced from duty shall only be assigned duty that falls within a period commencing one hour prior to the original sign on time and terminates one hour after the original sign off time at home base, unless such pilot agrees otherwise. Where a pilot is displaced from a multi-day trip, Virgin Blue shall advise the pilot at the time of displacement of their standby duty period for each day that the pilot is displaced. Notwithstanding the above, in certain circumstances, such as disruption, pilots shall be notified of their standby duty period at the earliest possible time. Except for standby duty, a displaced pilot cannot be assigned duty other than flight duty.
5.2.4.5 5.2.4.6 5.2.4.7
5.2.5
5.2.5.1
Extensions and Recovery

Where a pilot is asked and agrees, an extension may involve operating a sixth sector. In such case, a pilots flight duty period shall not extend more than 2 hours beyond the limits prescribed in clause A1.1.11 for a 6 sector duty. On a day where a pilot is returning to home base and such pilot is requested and agrees to perform additional flight duty, such pilot shall not be entitled to the one hour buffer protection prescribed in clause 5.2.4.4. Where flights are cancelled or disrupted due to factors such as weather or mechanical malfunction as a result of which pilots are unable to complete their original duty (as at sign on) to home base within the one hour buffer, and such pilot exercises their prerogative to extend up to a maximum of 2 hours beyond the limits prescribed in clause A1.1.11, the guiding principle for Day of Operations within the Virgin Blue Flight Operations Department shall be to return such crew to home base as soon as possible. All such cases of extension and recovery shall be reviewed by the Pairing and Fatigue Monitoring Representatives.
5.2.5.2
5.2.5.3
5.2.5.4
5.2.6
5.2.6.1
Extended Turnarounds
Where a pilot is rostered to spend more than 4 hours without flight duty during a turnaround in a duty period, Virgin Blue shall provide accommodation for that Pilot in accordance with this Agreement. Where due to disruption pilots are required to spend in excess of 4 hours at an airport, Virgin Blue shall, where requested by a pilot, provide suitable resting accommodation to ensure the pilot will be able to complete his/her duty.
5.2.6.2
24
5.2.7
5.2.7.1
Flexible Work-Time Arrangements

Where operational requirements permit, Virgin Blue shall provide flexible work time arrangements to pilots. The terms of these flexible work time arrangements will be agreed between Virgin Blue and the AFAP. These arrangements will be phased in from 1st January, 2008 and completed within three years, at which time a range of between 3% and 6% of the pilot workforce may be available for flexible workplace arrangements. The parties recognise the growth period involved in the coming years is the basis for the phase in period.
5.3
5.3.1
Callout
Where a pilot is called out for duty or is assigned a duty that is not rostered, the following order shall apply: 1. 2. 3. 4. Displaced Pilot; Standby Duty; Nominated Day; Other.
Within the above categories Virgin Blue shall call the pilot who is the most suitable to cover that call out duty. 5.3.2 5.3.3 5.3.4 5.3.5 5.3.6 If a pilot has not been assigned duty on a nominated day, such pilot may elect to withdraw the nominated day no later than 1800hrs AEST on the day prior to the nominated day. A pilot contacted on a nominated day must report for any such duty no later than 2 hours after being contacted by Virgin Blue, unless the pilot and Virgin Blue agree otherwise. Where a pilot is contacted prior to a nominated day, such pilot shall report for duty in accordance with the assigned duty. A pilot who has nominated a day shall be contactable on such day. Where duty on a nominated day may affect the pilots subsequent duty, the pilot has a right to refuse such duty.
5.4
5.4.1
Contacting Pilots
Pilots will provide Virgin Blue with a telephone number (or numbers) at which they will be available should Virgin Blue need to contact them for business related matters.
5.5
5.5.1
5.5.1.1
Fatigue Monitoring and Bidding

Pairing and Fatigue Monitoring
It is acknowledged that the Virgin Blue Work Rules represent a new approach to fatigue management and mitigation, and their introduction requires on going review through the Fatigue Risk Management System (FRMS) during the life of this Agreement. This will involve the Pairing and Fatigue Monitoring representatives reviewing rosters, consulting with FRMS representatives, and if necessary, recommending changes to the Virgin Blue Work Rules. As part of the introduction of the Virgin Blue Work Rules, Virgin Blue has introduced a Fatigue Risk Management System under the auspices of CASA which involves regular meetings between Virgin Blue, Virgin Blue pilot representatives (at least two and nominated by the AFAP), CASA, the AFAP and appropriate tertiary institutions as required. As part of this system, the parties further recognise the need to remain cognisant of any developments occurring in the UK/Europe which may enhance this fatigue management system. Two Pairing and Fatigue Monitoring representatives will be appointed one by each of Virgin Blue and the AFAP. The same pilot may represent the AFAP in this role and the FRMS above.
5.5.1.2
5.5.1.3
5.5.1.4
25
5.5.2
5.5.2.1
Preferential Bidding System (PBS) and Trip Swap Systems

The parties shall introduce a Preferential Bidding System coincident with the implementation of the Virgin Blue Work Rules. To this end, the parties recognise that the implementation of the Virgin Blue Work Rules and the PBS involve third party vendors who have the potential to delay implementation timelines. The parties acknowledge that all pilots will need to be educated prior to the implementation of a new bidding system. Virgin Blue shall provide pilots with a facility to request the swapping of trips, standby periods and time off duty with other pilots of the same base, rank and equipment type. This system will be introduced within 12 months of the PBS being introduced. For the purposes of pilot bid satisfaction, Virgin Blue shall roster pilots within a range of not less than 6 hours, such range to be reviewed at the end of each three roster period. 12 months after the implementation of the Preferential Bidding System, the parties shall conduct a review to assess and ensure the efficacy of the range.
5.5.2.2 5.5.2.3
5.5.2.4
26
Insurance and Related Matters
6
6.1
Insurance and Related Matters

Loss of Licence
Pilots will be reimbursed a maximum of $2,392 (incl.GST) per annum for the cost of Loss of Licence. A pilot will be reimbursed on production of valid receipts showing s/he has obtained insurance for the relevant period. The Loss of Licence reimbursement limit will be increased by 2% per annum from July 2007. 6.1.1
6.2
6.2.1
Death Benefit Insurance

Virgin Blue will provide each pilot with accident insurance or self insurance for a death benefit of not less than $300,000 over and above any entitlement available under accident compensation legislation.
6.3
6.3.1
Pilot Indemnity
Virgin Blue shall, to the extent permitted by law, indemnify and release a pilot against all claims and demands made against the pilot by any person including by Virgin Blue, Virgin Blue employees, passengers and or legal personal representatives. (a) where the claim or demand is made as a result of injury or loss to a person or property as a result of a pilot's negligence in performing his/her duties in the course of his/her employment, except where such injury or loss was caused wilfully by the pilot, unless the injury or loss was beyond the pilot's control.
(b) 6.3.2
In addition, Virgin Blue in applying this clause will: (a) to the extent permitted by law, provide legal counsel and defend a pilot and his/her estate in any legal actions arising in connection with the performance of their duties, and indemnify them and hold them harmless from any judgment rendered there under; and when a pilot is required to act as a witness for another pilot, give that pilot a reasonable period free of duty to prepare and appear as a witness, subject to Virgin Blue's operational requirements. Pilots appearing as witnesses will receive their annual salary. Where a pilot is required to fly interstate to attend hearings, travel will be provided by Virgin Blue.
(b)
27
Leave
7
7.1
Leave
Annual Leave
Full time pilots shall accrue annual leave at the rate of 42 calendar days per annum calculated from date of joining. Part time pilots/pilots working on flexible work time arrangements shall accrue personal leave on a pro rata basis. The parties acknowledge and highlight that the benefits to pilots in terms of work/life balance are, among other things, contingent upon pilots bidding for and taking 42 days annual leave per annum. To this end, Virgin Blue shall provide sufficient leave slots to allow all pilots the opportunity to bid for and take this leave entitlement. The parties also note that restrictions imposed by current industrial legislation prevent Virgin Blue from directing pilots to take annual leave where less than 10 weeks is accumulated. However, Virgin Blue reserves its right, should the law allow during the course of this Agreement, to develop, in conjunction with the PWC and AFAP, a set of more suitable leave allocation rules. A pilot returning from annual leave shall not commence any duty prior to 0600 Local. Where a pilot changes rank, base or equipment type, the pilot will forfeit any leave pre-approved that was to occur during training or operation in the new status. Virgin Blue will grant the pilot the same leave period in the new status if it is available and the pilot is able to take the leave. If the same leave period is not available, the pilot will not be debited any points and Virgin Blue will advise the pilot of alternative leave periods that are available for bid. If a pilot is ill for a period of at least 7 consecutive days during annual leave, Virgin Blue will count that period of illness as personal leave provided: (a) (b) (c) 7.1.7 the pilot informs Virgin Blue of the illness as soon as practicable; the pilot has enough credited personal leave; and supporting medical documentation is provided. 7.1.1
7.1.2
7.1.3
7.1.4 7.1.5
7.1.6
A pilot will not be recalled from annual leave unless agreed to by the pilot. Where a pilot so agrees such pilot will be paid in accordance with clause 2.3: Payment for Working on Designated Day Off, Blank Day or Leave Day for each day a pilot works and will be re-credited the days worked as annual leave. Subject to clause 2.1.3.6, pilots will be paid Annual Salary for periods of annual leave. Annual leave is cumulative and any accrued annual leave entitlements will be paid out on termination of employment. A pilot may request in writing to cash out up to two weeks of their accrued annual leave entitlement every twelve months. When such a request is authorised by Virgin Blue, a pilot is entitled to receive pay in lieu of the amount of annual leave at the pilots Annual Salary at the time the election is made. Pilots who have reached the annual flight limit (900 hours) will not be required to take annual leave, and in such circumstances, pilots will be paid their Annual Salary for the period that they are unable to fly. Annual Leave Bidding Arrangements will be in accordance with Appendix 2. These arrangements maybe changed by agreement between Virgin Blue, the PWC and the AFAP.
7.1.8 7.1.9 7.1.10
7.1.11
7.1.12
28
Leave
7.2
7.2.1
Personal Leave
Full time pilots are entitled to personal leave, accruing as working days (one day shall be 1/365 of the Annual Salary for the purposes of this clause) as follows: Length of service Less than 1 month 1 - 3 months 3 - 6 months 6 - 12 months each year thereafter Additional 5 days 1 day 6 days 8 days 15 days Cumulative 5 6 12 20 (no cap)
7.2.2 7.2.3
Part time pilots/pilots working on flexible work time arrangements shall accrue personal leave on a pro rata basis. Personal leave can be used for any of the following: (a) (b) personal illness or injury (sick leave); or to care for an immediate family or household member who is sick and requires care (carers leave).
7.2.4 7.2.5 7.2.6 7.2.7 7.2.8
Pilots are to notify Virgin Blue as soon as practicable of their need to take personal leave to enable Virgin Blue to make alternative arrangements to cover the pilots rosters. Pilots may be required to produce a medical certificate or statutory declaration in accordance with the Workplace Relations Act for each period of personal leave taken. Personal leave is cumulative. There is no entitlement to paid leave of absence for any period of time the pilot is receiving worker's compensation payments. A pilot is entitled to 6 days paid leave per year for disability associated with URTI. This leave is not cumulative. A pilot will provide a medical certificate or statutory declaration when requested by the Manager Flight Operations. Pilots will be paid Annual Salary for periods of personal leave. Pilots will not be debited any entitlements for personal leave in excess of 71 hours, such to be calculated at the end of the roster period. Any personal leave taken that is appropriate to the level below 71 hours shall be debited against personal leave credits. The guiding principle in this matter shall be that a pilot shall not lose money and leave credits for the same duty. Where a pilot is sick for a ground or simulator duty, such pilot shall be deducted a day(s) personal leave. Where a pilot has exhausted all personal leave entitlements, his/her salary may be reduced by 1/365th of his/her annual salary for each day of personal leave taken. Where a pilot has been on personal leave to the extent that all entitlements have been exhausted under the provisions of this Agreement, the following factors will be taken into account by Virgin Blue when considering whether to provide ongoing paid personal leave to a pilot in those circumstances: (a) Expert medical or other health advice as to the likelihood of the pilot being able to return to full, normal flying duties, including likely duration of the extended absence;
7.2.9 7.2.10
7.2.11 7.2.12 7.2.13
29
Leave
(b) (c) Existing personal circumstances including details of access to any personal income protection policy or other assistance (e.g. government assistance) that may be available; Each case will be considered on its own merit. Where Virgin Blue decides that extended personal leave will not be made available Virgin Blue shall interview the pilot to explain why it was not granted. The pilot shall have the right to have a representative in attendance.
7.2.14
Personal leave is covered in the Workplace Relations Act and unless altered favourably by these provisions, that legislation will apply.
7.3
7.3.1
Unpaid Carers Leave and Paid Compassionate Leave

Pilots are entitled to unpaid carers leave and paid compassionate leave in accordance with the Workplace Relations Act.
7.4
7.4.1
Parental Leave
Subject to the terms of this clause, pilots are entitled to maternity, paternity and adoption leave in connection with the birth or adoption of a child from the commencement of their employment with Virgin Blue. Parents are entitled to a combined total of fifty two 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. Parental leave is to be available to only one (1) parent at a time, except that both parents may simultaneously access the leave in the following circumstances: (a) (b) Maternity and paternity leave, an unbroken period of one (1) week at the time of the birth of the child; For adoption leave, an unbroken period of up to three (3) weeks at the time of the placement of the child.
7.4.2
7.4.3
7.4.4
A pilot on maternity leave who has completed 3 months of line operations is entitled to six (6) weeks paid leave, payable at the commencement of the leave. Pilots will be paid on the basis of their Annual Salary for periods of maternity leave. A pilot may choose to have this entitlement paid at half the rate for twice the length of the period prescribed. A pilot is entitled to a single, unbroken period of paid paternity leave (short paternity leave) of up to one week starting on the date at which the birth took place. Where a pilot wishes to extend this period of short paternity leave beyond and immediately proceeding one week, any further leave will be granted subject to operational considerations and taken out of accrued annual leave entitlements. A pilot may in lieu of, or in conjunction with parental leave, access other paid leave entitlements which they have accrued, such as annual leave or long service leave, subject to the total amount of leave not exceeding the total period of parental leave taken. Parental leave (paternity, adoption or maternity leave) is covered in the Workplace Relations Act and, unless altered favourably by these provisions or by Virgin Blue in Corporate Policy, that legislation will apply.
7.4.5
7.4.6
7.4.7
7.5
7.5.1 7.5.2
Long Service Leave

Pilots will be entitled to long service leave in accordance with the relevant State or Territory legislation applicable to the pilot's home base at the time the leave is taken. Pilots will be paid Annual Salary for periods of long service leave.
30
Leave
7.6
7.6.1
Other Leave
Should a pilot need to take leave for any other reason, the pilot should discuss the requirement with the Line Operations Manager or delegate in the first instance. Virgin Blue will attempt to accommodate reasonable additional leave requests, depending upon operational considerations.
7.7
7.7.1
Unauthorised Leave
Where a pilot is absent from duty without approval they will not be paid.
31
General Employment Provisions
8
8.1

Access to Terms and Conditions of Employment
Virgin Blue will provide pilots with a copy of this Agreement and access to any human resources policies that apply to them and are in force from time to time. 8.1.1
8.2
8.2.1 8.2.2
Probationary Period
A pilot will be on probation for a period of 6 months from the date of appointment. A pilots employment can be terminated for any reason during the probationary period on 1 weeks notice or payment in lieu thereof or as otherwise agreed.
8.3
8.3.1 8.3.2
Incidents/Investigation
Where a pilot is alleged to be involved in any incident relating to the pilot's employment with Virgin Blue, that pilot may be suspended on Annual Salary pending investigation of the incident. Where the pilot is subsequently cleared of all allegations, such pilot will receive pay in accordance with their original roster (excluding meal, accommodation/overnight and incidentals reimbursements/payments). A pilot may choose to have any person or organisation represent them during an investigation process. For any disciplinary matter, Virgin Blue shall give a pilot it wishes to interview a minimum of 48 hours notice of any meeting. It shall further stipulate in writing the incident it wishes to investigate and any allegations it wishes the pilot to address and these shall be provided at least 24 hours prior to any such meeting. In all cases natural justice and procedural fairness shall prevail for the pilot concerned.
8.3.3 8.3.4
8.3.5
8.4
8.4.1
Standards and Conduct

Where Virgin Blue alleges a pilot has engaged in serious misconduct that breaches a term of this Agreement or the professional standards expected of a pilot in the performance of his/her duties such pilot may be disciplined, counselled or terminated. In the case of termination, natural justice processes will be recognised and followed by Virgin Blue. After a pilot's probationary period is completed, Virgin Blue may terminate a pilot's employment by giving 4 weeks written notice or payment in lieu of notice (or a combination of both). In the case of serious misconduct justifying instant dismissal, the period of notice may be nil. Should a pilot decide to terminate his/her employment, the pilot will provide Virgin Blue with 4 weeks notice in writing, or payment in lieu for the un-expired notice period.
8.4.2
8.4.3
32
8.5
8.5.1
Redundancy
Subject to clause 8.5.3, in addition to a pilots notice period or payment in lieu, the following redundancy pay, except where a redundancy situation arises by transfer, succession or assignment of business will be paid: Period of Continuous Service 1 year or less 1 year and up to the completion of 2 years 2 years and up to the completion of 3 years 3 years and up to the completion of 4 years 4 years and over NIL 4 weeks pay 6 weeks pay 7 weeks pay 8 weeks pay Redundancy Pay
8.5.2 8.5.3
A weeks pay, for the purposes of this clause, shall be calculated in accordance with a pilots Annual Salary. A redundancy may occur where the position held by a pilot is no longer required to be performed as determined by Virgin Blue for operational, economical or technological reasons. Where Virgin Blue offers or secures suitable alternative employment to a comparable level at an agreed location, the pilot will not be entitled to redundancy pay. Should the need for redundancy arise, it shall be implemented on a last -on-first-off basis if no other agreement can be reached between the parties. Notwithstanding the above, there shall be no redundancies during the life of this Agreement as a direct result of the implementation of the Virgin Blue Work Rules.
8.5.4 8.5.5
8.6
8.6.1
Stand Down
Should a catastrophic event (other than an industrial matter) occur beyond Virgin Blue's control, which may require Virgin Blue to reduce its services, Virgin Blue may be forced to reduce the number of line pilots. In such circumstances Virgin Blue will in conjunction with the PWC, address reasonable and available alternatives to avoid standing down pilots. Should none prove reasonable or viable having regard to the nature of the incident or event Virgin Blue may direct pilots to stand down with pay, reduced pay, without pay or by the utilization of accrued leave. Nothing will prevent a pilot from progressing a dispute about a stand down (or a proposed stand down) through the disputes settlement procedure.
8.6.2
8.7
8.7.1 8.7.2 8.7.3
Transfers
Virgin Blue shall not direct pilots to transfer to another base. Virgin Blue may, from time to time, offer reasonable costs to encourage pilots to transfer bases. At times Virgin Blue may need a pilot to re-locate from their home-base on a temporary transfer. This will be by agreement only. Temporary transfer shall be for a minimum of 6 consecutive days up to a maximum of 28 days, and will be nominated in writing by Virgin Blue. In such a case, pilots shall be paid the allowances specified in clause 3.1.2 for the period of the transfer. For rostering purposes, the base to which a pilot is temporarily transferred shall be regarded as his/her home base. A pilot when transferring from one home base to another at the pilot's request will bear all expenses associated with that transfer.
8.7.4
33
8.8
8.8.1
Dispute Settlement Procedure

When there is a dispute relating to the application of this Agreement, the following dispute resolution procedure will be followed. During all stages of this provision a pilot(s) may choose to be represented by a person of their choice. The dispute will first be discussed between the individual pilot(s) and the Senior Line Operations Manager (or representative). The Senior Line Operations Manager will make a decision and advise the pilot(s) of the decision in writing within 10 days of the meeting. If the dispute is not resolved, it will be referred for discussion between the individual pilot(s), the Senior Line Operations Manager and the Manager Flight Operations (or representative). The Manager Flight Operations will make a decision and advise the pilot(s) of the decision in writing within 10 days of the meeting. If the dispute is unable to be resolved at the workplace, and all agreed steps for resolving it have been taken, either party may refer the dispute to the AIRC or other mutually agreed third party for resolution by conciliation and, where the matter in dispute remains unresolved, arbitration. If arbitration is necessary, the AIRC or other agreed third party may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which, in its opinion, are necessary to make the arbitration effective. Notwithstanding the steps above, where a dispute involving the PWC/FRMS pilot representatives/Pairing and Fatigue representatives remains unresolved, it may be referred to the Manager Flight Operations (or representative). The Manager Flight Operations will make a decision and advise the above representative group of the decision in writing within 10 days. If the above representative group is dissatisfied with that decision, they may refer the matter to the AIRC, or other mutually agreed third party for resolution by conciliation and/or arbitration. The decision of the AIRC/other agreed third party will bind the parties, subject to the decision being overturned on appeal or stayed pending the determination of the appeal. While the parties and pilots attempt to resolve any matter arising between them, work will continue as normal unless a pilot has a reasonable and objective concern about an imminent risk to their health or safety.
8.8.2
8.8.3
8.8.4
8.8.5
8.8.6 8.8.7
8.9
8.9.1 8.9.2 8.9.3
Anti-Discrimination
Both Virgin Blue and the AFAP respect and value the diversity of the workforce. The parties will help to prevent and eliminate unlawful discrimination in accordance with relevant anti-discrimination legislation. The parties acknowledge, in so-far-as operational needs, inherent requirements and flight safety will allow, all pilots must be available to fly to rosters created to meet the 24 hour a day 7 days a week operation of Virgin Blue and that they will not otherwise discriminate against another employee. Pilots are bound by and will apply Virgin Blue policies on harassment and discrimination and any relevant legislation. Should an incident occur involving discrimination, harassment or any other form of unacceptable behaviour pilots may be asked to assist in any investigation. The Fair Go and Keeping our Workplace Fair policies will be available to pilots on the Virgin Blue intranet
8.9.4
8.9.5
34
Appendix 1: Virgin Blue Work Rules

A1.1
A1.1.1
Virgin Blue Work Rules

It is acknowledged that these rules represent a new approach to flight and duty limitations and their introduction requires on going review through the Fatigue Management System during the life of this Agreement. This will involve the Pairing and Fatigue Monitoring representatives reviewing rosters, consulting with FRMS representatives, and if necessary, recommending changes to the work rules. The Virgin Blue Work Rules set out the prescriptive rules under which pilots operate and under which Virgin Blue shall manage its pilot workforce. The Virgin Blue Work Rules form part of the Virgin Blue Fatigue Risk Management Scheme (VBFRMS) and may be changed by agreement between Virgin Blue and the AFAP and/or by recommendation of the governance committee of the VBFRMS. Any changes to the Virgin Blue Work Rules shall be notated, distributed to pilots and shall form part of this Agreement. The parties have established the Virgin Blue Work Rules using the current (2006) CAP 371 as the template and embrace the principles of fatigue mitigation and rest requirements inherent in the UK legislative framework. Calculation of a Flying Duty Period
The maximum FDP, in hours and minutes, will be in accordance with clause A1.1.11: Maximum FDP. The times extracted from the tables may be extended by use of a split duty (as agreed) and pilot discretion.
A1.1.2
A1.1.3
A1.1.4
A1.1.4.1
A1.1.5
A1.1.5.1
Limitations on Consecutive Early Starts, Late Finishes and Night Duties

Sleep deprivation, leading to an onset of fatigue, can arise if a pilot is required to report early for duty on a number of consecutive days. Therefore, not more than 3 consecutive duties that occur in any part of the period 0100 to 0659 hours local time can be undertaken, nor will there be more than 4 such duties in any 7 consecutive days. Any run of consecutive duties (Late Finishes or Night Duties or Early Starts) can only be broken by a period of not less than 34 consecutive hours free from such duties. These 34 consecutive hours may include a duty that is not an Early Start, Late Finish or Night Duty. Notwithstanding clause A1.1.5.1, pilots who operate a regular (4 or 5 consecutive) early morning duty for a maximum of 5 consecutive duties will work to the following: (a) (b) (c) The minimum rest period before the start of such a series of duties will be 24 hours. The duty will not exceed 9 hours, irrespective of the sectors flown. At the finish of such a series of duties, pilots will have a minimum of 63 hours free of all duties.
A1.1.5.2
A1.1.5.3
Should any duties be scheduled to be carried out within any part of the period 0200 to 0459 hours local time, for 3 consecutive nights, then a pilot will finish the duty preceding this series of duties by 2100 hours local time before commencing the block of consecutive nights, such that the pilot can take a rest period during a local night. If the duty immediately prior to the 3 consecutive night duties extends beyond 2100 hours local time and the pilot is willing to continue with the planned roster, (i.e. 3 consecutive night duties) then provided that duty preceding this series of duties finishes no later than 2359 hours local time, the schedule may continue. If the pilot chooses not to continue the planned roster (after finishing duty between 2100 and 2359 hours local time) then only the planned first and second night duties that impinge on any part of the period 0200 to 0459 hours local time may be undertaken. If the duty finishes after 2359 hours local time, then only the first of the 3 consecutive night duties that impinge on any part of the period 0200 to 0459 hours local time may be undertaken.
A1.1.5.4
A1.1.5.5
(A1)1

A1.1.5.6 Should any duties be scheduled to be carried out within any part of the period 0200 and 0459 hours local time, for 2 consecutive nights, then a pilot will finish the duty preceding this series of duties by 2359 hours local time before commencing the block of 2 consecutive night duties, such that the pilot can take a rest period during a local night. In the event of 2359 hours being exceeded, then only the first of the 2 planned consecutive night duties that impinge on any part of the period 0200 to 0459 hours local time may be undertaken.
A1.1.5.7
A1.1.6
A1.1.6.1
Night Operations
The parties may consult and agree on dedicated night operations that are consistent with the VBFRMS.
A1.1.7
A1.1.7.1
Travelling Time
Travelling time, other than that time spent on positioning, does not count as duty.
A1.1.8
A1.1.8.1
Delayed Reporting Time in a Single FDP

When a pilot is informed of a delay to the sign-on time due to a changed schedule, before leaving the place of rest, the FDP shall be calculated as follows. When the delay is less than 4 hours the maximum FDP allowed will be based on the original sign-on time and the FDP will start at the actual sign-on time. When the delay is 4 hours or more, the maximum FDP will be calculated using the more limiting of the planned and actual sign-on times and the FDP will start 4 hours after the original sign-on time. When Virgin Blue informs a pilot before leaving the place of rest of a delay in sign-on time of 10 hours or more ahead, and that pilot is not further disturbed by Virgin Blue until a mutually agreed hour, then that elapsed time is classed as a rest period. If, upon the resumption of duty, further delays occur then the appropriate criteria in this clause and clause A1.1.8.1 above will be applied to the re-arranged sign-on time. When a pilot is contacted within the last hour of a rest period, as provided for in clause A1.1.13.2, the FDP shall be calculated in accordance with the above.
A1.1.8.2
A1.1.8.3
A1.1.9
A1.1.9.1
Positioning
All time spent on positioning at the behest of Virgin Blue shall count as duty, but positioning does not count as a sector when calculating the FDP. In these circumstances, the FDP commences at the time the pilot is required to sign-on for the positioning journey. In a recovery situation, if, after a positioning journey, the pilot spends less than a minimum rest period at suitable accommodation provided by Virgin Blue, and then carries out an FDP, the positioning will be counted as a sector if a split duty is claimed when calculating the allowable FDP. If it is not, a split duty FDP will not be used. The PWC shall monitor operational positioning at the pairing build stage to ensure the objective of minimal positioning is achieved. The guiding principle for the PWC in determining whether the objective of minimum positioning has been achieved shall be 1.5% of the total rostered sectors per fleet and per status.
A1.1.9.2
A1.1.9.3
A1.1.10
A1.1.10.1
Standby Duty
A standby duty is a nominated period in which a pilot must be available for duty as follows: (a) (b) (c) All rostered standby duty shall be at home base and shall be a maximum of 12 hours. Pilots shall not be assigned more than 15 days standby duty in a roster period. A pilot must sign-on for any nominated duty no later than 2 hours after being contacted.
Standby duties shall be allocated to a pilot for an entire roster period, except that flying rosters may contain standby duties where such duties lead out from the previous standby roster period. Such duties will be distributed evenly, subject to a pilots right to bid for standby duty. Standby callouts shall be allocated by Virgin Blue on a fair and equitable basis taking into account operational considerations on that day.
(d)
(A1)2

(e) (f) (g) (h) A1.1.10.2 A pilot cannot be contacted during the rest period immediately preceding the standby duty. A duty that is assigned during a standby duty of 10 hours or less may have a sign on of up to 2 hours after the end of the scheduled standby duty. A pilot who is assigned a duty before a standby duty period must sign-on within the nominated standby duty period. In such circumstances, the 2 hour call out will be waived. A pilot must not be assigned airport standby duty.
The time of start and end of the standby duty will be defined and notified to a pilot. The time a standby duty starts determines the allowable FDP, except that when the actual FDP starts in a more limiting time band, then that FDP limit will apply. If a pilot is called out from standby, the standby duty will cease when the pilot reports for duty. The following limits apply: Duty Standby duty (all cases) Standby followed by FDP (a) Maximum Duration 12 hours As in Case A and B below
A1.1.10.3 A1.1.10.4
Case A: If a pilot is called out from standby to conduct an FDP before completing 6 hours standby duty then the total duty period allowed is the sum of the time spent on standby and the FDP obtained from clause A1.1.11: Maximum FDP. Case B: If a pilot is called out from standby to conduct an FDP after completing 6 hours or more hours standby duty, then the total duty period allowed is the sum of all the time spent on standby and the FDP obtained from clause A1.1.11: Maximum FDP reduced by the amount of standby in excess of 6 hours.
(b)
A1.1.10.5
NOTE: The reference to total duty period applies only to the sum of the standby time achieved + the allowable FDP obtained from clause A1.1.11: Maximum FDP. On the day, for cumulative duty totals and for minimum rest purposes, the total duty achieved will be standby time achieved + FDP achieved + post flight duties + any positioning. When any period of standby finishes, during which a call-out has not occurred, at least 12 hours rest must follow prior to the next duty period.
A1.1.10.6
A1.1.11
A1.1.11.1
Maximum FDP
The standard sign-on time prior to flight is 60 minutes. Pre-flight duties form part of the FDP; 30 minutes duty will be allowed for post-flight activities. The time spent between sign-on for a flight and the completion of post-flight tasks determines the length of the subsequent rest period. If this period for post FDP duties is routinely exceeded then the post FDP duty period stated in the scheme must be revised to better represent the actual time taken. A non-standard sign-on time designed to take advantage of an increased FDP from a more favourable time band, must not be used. Table A applies when the FDP starts at a place where the pilot is acclimatised; Table B applies at other times.
A1.1.11.2 A1.1.11.3
(A1)3

A1.1.11.4 Table A: Acclimatised Local time of start 1 0600-0759 0800-1259 1300-1759 1800-2159 2200-0559 A1.1.11.5 A1.1.11.6 13 14 13 12 11 2 12 13 12 11 10 Sectors 3 11 12 11 10 9 4 10 11 10 9 9 5 10 11 10 9 9 6** 9 10 9 9 9
** Day of operations disruption provision only, refer clauses A1.1.11.9 & 5.2.5.1. Table B: Not Acclimatised Local time preceding rest (hours) Up to 18 or over 30 Between 18 and 30 Sectors 1 13 11 2 12 11 3 11 10 4 10 9 5 10 9 6** 9 9
A1.1.11.7 A1.1.11.8
** Day of operations disruption provision only, refer clauses A1.1.11.9 & 5.2.5.1. NOTE: The practice of inserting a short duty into a rest period of between 18 and 30 hours in order to produce a rest period of less than 18 hours, thereby taking advantage of the longer FDP contained in Table B, is not permitted. Pilots shall be rostered a maximum of 5 operating sectors. However, pilots may agree to operate six sectors to assist in the recovery of disrupted schedules. The FDP limitation will be based on the number of sectors to be performed.
A1.1.11.9
A1.1.11.10 Where additional sectors are required due to a technical stop, diversion, or return after becoming airborne, the FDP imitation will be based on the actual number of sectors to be performed. A1.1.11.11 Sign-on times must not be reduced in order for pilots to achieve their desired rest prior to an FDP. A1.1.11.12 Where a pilot is required to perform a duty other than flight duty the maximum duty shall be 12 hours.
A1.1.12
A1.1.12.1 A1.1.12.2
Extension of Flying Duty Period by Split Duty

This clause shall only apply in recovery or in circumstances agreed by the parties (e.g. charter operations). When an FDP consists of two or more sectors - of which one can be a positioning journey counted as a sector - but separated by less than a minimum rest period, then the FDP will be extended by the amounts indicated below: Consecutive Hours Rest Less than 3 3-10 Maximum Extension of the FDP NIL A period equal to half the consecutive hours rest taken
(A1)4

A1.1.12.3 In a split duty, the rest period shall not include the 30 minutes allowed for immediate post flight duties and 60 minutes allowed for pre-flight duties.
A1.1.13
A1.1.13.1
Rest Periods
Pilots will be notified in good time of a flying duty period so that sufficient and uninterrupted preflight rest can be obtained. When away from home base, opportunities and facilities for adequate pre-flight rest will be provided by Virgin Blue in agreed accommodation. A pilot shall not be contacted within a rest period, except that a pilot may be contacted within one hour of the rostered sign-on time to be advised of a change to a rostered flying duty. The revised duty shall be in accordance with clause A1.1.8 This exception does not apply to standby duties. If a rest period is broken, except in accordance with clause A1.1.13.2 above, the appropriate rest period shall recommence from the time of that contact. The minimum rest period which must be taken before undertaking a flying duty period shall be: (a) (b) at least as long as the preceding duty period, or 12 hours, whichever is the greater.
A1.1.13.2
A1.1.13.3 A1.1.13.4
A1.1.13.5
When away from home base, in the case when the rest period earned by a pilot is 12 hours, and suitable accommodation is provided by Virgin Blue, then that rest period may be reduced by one hour. In such circumstances, if the travelling time between the airport and the accommodation is more than 30 minutes each way then the rest period will be increased by the amount the total time spent travelling exceeds one hour. In both situations the room allocated to the pilot must be available for occupation for a minimum of 10 hours. This sub-paragraph does not apply to rest periods that exceed 12 hours. Where the preceding duty period was 11:30-11:59 hours the rest period shall be minimum 12 hours. Exceptionally, at home base, individual pilots may be asked to exercise their discretion to reduce rest by up to a maximum of one hour but only to a minimum of 12 hours. A minimum of 15 hours rest prior to commencing any flight duty in their home base shall be available to pilots at the roster build stage through the bidding system and shall be a hard option in that system. This minimum does not apply to rest periods prior to or between standby duties nor ground based duties (including simulator). If the preceding duty period, which includes any time spent on positioning, exceeded 15 hours, then the ensuing rest period must include a local night.
A1.1.13.6 A1.1.13.7 A1.1.13.8
A1.1.13.9
A1.1.13.10 Following a sequence of reduced rest and an extended FDP the subsequent rest period cannot be reduced. A1.1.13.11 After being called out from a standby duty the length of the minimum rest period will be determined by the length of standby duty, plus any time spent on positioning, and any FDP completed.
A1.1.14
A1.1.14.1
Pilots Discretion to Extend a Flying Duty Period

A pilot may, at his/her discretion, extend an FDP beyond that permitted in clause A1.1.11: Maximum FDP provided s/he is satisfied that the flight can be made safely. The extension shall be calculated according to what actually happens, not on what was planned to happen. An extension of 2 hours is the maximum permitted. A pilot may exercise discretion to extend an FDP following a reduced rest period, only exceptionally, and then only to the extent necessary to allow for unforeseen circumstances that become apparent during the last sector.
A1.1.14.2
(A1)5
A1.1.15
A1.1.15.1
Pilots Discretion to Reduce a Rest Period:

A pilot may, at his/her discretion, reduce a rest period, but only insofar as the room allocated to the pilot is available for occupation for a minimum of 10 hours. The exercise of such discretion will be exceptional and must not be used to reduce successive rest periods. If the preceding FDP was extended, the rest period may be reduced, provided that the subsequent allowable FDP is also reduced by the same amount. In no circumstances may a pilot exercise discretion to reduce a rest period below 10 hours at accommodation.
A1.1.16
A1.1.16.1
Reporting Exercise of Discretion

On any day where a pilot exercises his/her discretion to extend an FDP beyond that permitted in clause A1.1.14, such pilot shall submit a report to the VB FRMS.
A1.1.17
A1.1.17.1
Designated Days Off

From the implementation of the Virgin Blue Work Rules pilots will be rostered a minimum of 11 Designated Days Off in 7 roster periods and a minimum of 12 Designated Days Off in 6 roster periods . Information about which roster periods will have a minimum of 11 Designated Days Off and which roster periods will have a minimum of 12 Designated Days Off will be published as follows: (a) in the first instance, 2 months prior to the commencement of the Virgin Blue Work Rules; and (b) thereafter, in May of each year.
A1.1.17.2 A1.1.17.3 A1.1.17.4 A1.1.17.5 A1.1.17.6 A1.1.17.7
The latest rostered sign-off time before a designated day off shall be 2330. A single designated day off will include 2 local nights and cover at least 34 hours. Consecutive designated days off will be rostered unless a pilot bids for a single designated day off. Two consecutive designated days off will include 3 local nights and cover at least 56 hours. A planned rest period may be included as part of a designated day off. Pilots will: (a) (b) not be on duty more than 6 consecutive days between designated days off, and have 2 consecutive designated days off in any consecutive 14 days following the previous 2 consecutive designated days off,
A1.1.17.8
Notwithstanding clause A1.1.17.1, where a pilot agrees to work on days off, s/he must: (a) (b) have a minimum of 7 designated days off in any consecutive 4 weeks, and have an average of at least 8 designated days off in each consecutive 4 week period, averaged over 3 such periods.
A1.1.18
A1.1.18.1
Absolute Limits on Flying Hours:

The maximum flight hours for a pilot will not exceed: (a) (b) 900 hours in any 365 consecutive days; 100 hours in any 28 consecutive days. On the 28th day a pilot may depart on a single sector flight and may complete the sector, even though at the end of the flight the total hours completed in 28 days will exceed 100 hours.
(A1)6
A1.1.19
A1.1.19.1
Cumulative Duty Hours:

The maximum duty hours for a pilot will not exceed: (a) 55 hours in any 7 consecutive days, but this figure can be increased to 60 hours when a rostered duty covering a series of duty periods has commenced and is subject to unforeseen delays; 95 hours in any 14 consecutive days; 190 hours in any 28 consecutive days.
(b) (c) A1.1.19.2
When a pilot is not rostered for either standby or flying duties for 28 or more consecutive days then any duty hours worked will not be added to cumulative totals. However, when a pilot is anticipated to return to either standby or flying duties the duty hours worked in the 28 days preceding that duty must be recorded. Those hours worked will be used to ensure that the pilot complies with the requirements of the Virgin Blue Work Rules. Upon implementation of the new Virgin Blue Work Rules, cumulative duty hours shall be provided to pilots at the end of each roster period.
A1.1.19.3
A1.1.20
A1.1.20.1
Calculation of Cumulative Duty Hours:

Duty hours will be added to cumulative totals in accordance with the following: (a) To count in full: Duty periods and flying duty periods, plus subsequent post-flight duties; All standby duty, except that specified in (b) below; The time spent on positioning. To count as half the time on duty: The standby duty, when the period of notice given to the pilot by Virgin Blue before reporting for duty is 3 hours or more; The standby duty takes place during the period 2200 to 0800 hours local time, and the pilot can take undisturbed rest and is not called out for duty.
(b)
A1.1.21
A1.1.21.1
Other Miscellaneous Rules

Back of the Clock: Any FDP with a sign on time between 2200 and 0559 hours (local time at port of departure) and containing 3 hours or greater block time before 0559 hours (local time at the port of arrival) may only be followed by a single sector of less than or equal to 90 minutes. Sign-On Twice in Same Calendar Day: Where there are 2 duties commencing on the same calendar day (calendar day based on the reporting port for the first duty period in the sequence), then the second duty period will have a maximum FDP of 6 hours. This includes two duties within the same pairing, or as separate pairings. This does not include split duties. Split Duty: Split duty will be rostered subject to the following limitations: (a) (b) (c) (d) must sign on and sign off at home base between 1800 hours and 0900 hours; is limited to two sectors, one sector into an overnight port and one sector back to home base; each sector will be less than or equal to 1hr40min; and a minimum of 9 hours time on ground between sectors.
A1.1.21.2
A1.1.21.3
A1.1.21.4 A1.1.21.5
Any rostered split duty that does not meet these requirements must be approved by the PWC prior to forming part of a pilots roster. Turnarounds (a) (b) At the pairing build stage the minimum connection time between sectors shall be 30 minutes. Despite the above, where there is a change of aircraft, the minimum preferred connection time between sectors shall be 40 minutes.
A1.1.21.6
Circadian Rhythm: At the pairing build stage, the circadian rhythm function shall be turned on.
(A1)7
A1.2
A1.2.1
A1.2.1.1
Transitional Work Rules

General
In recognition of the increased remuneration provided by this Agreement, the parties agree that until the Virgin Blue Work Rules and the other relevant matters in Appendix 1 are implemented, Virgin Blue will apply the following:
A1.2.2
A1.2.2.1
CAO 48
The parties will continue to apply CAO 48.
A1.2.3
A1.2.3.1
Rosters
Pilots and Virgin Blue will work together in applying the following provisions (a) A roster period will be a calendar month. Rosters will be prepared and be available 7 days before the first day of the relevant month. Each roster will specify the pilot's designated days off, duty, unassigned day, reserve periods, grey days, simulator periods, checks, training, other courses, any leave periods and any other matter thought relevant by Virgin Blue or the PWC. Rosters will be made available electronically on the Virgin Blue intranet The SABRE bidding window will open no later than the 24th of the month, two months preceding to the bid month and close at midnight (AEST) on the 10th day of the month preceding the bid month. Any pre-assigned duty will be available for viewing through SABRE no later than the 5th day of the month preceding the month in which those assignments occur. Pre-assignments will include such things as simulator duties, ground school and reserve blocks of 7 days or more.
(b) (c)
A1.2.4
A1.2.4.1
Displacement
A pilot may be displaced from rostered duty for the following reasons: (a) (b) (c) (d) (e) (f) flight cancellation; checking or training; disruption to services due to weather or mechanical malfunction; OH&S; pilot illness; or for any relevant administrative requirement.
A1.2.5
A1.2.5.1
Roster limits
Virgin Blue will roster and schedule pilots in accordance with the flight and duty times established by CAO 48, and will roster to a maximum of 3 nights in any one pairing away from home base.
A1.2.6
A1.2.6.1
Time Free of Duty

Times free of duty provisions set out in CAO48 will apply subject to the following exception. Pilots will be rostered a minimum of 15 hours free of duty, reducible to 12 hours to pick up a scheduled duty, at home base following a flying duty or paxing associated with simulator duty. This extended time free of duty will not apply to time free of duty following simulator, ground or reserve duties. Where a pilot is away from home base the minimum rostered rest period will be 10hrs, reducible to 9hrs where the duty is disrupted or delayed.
A1.2.7
A1.2.7.1
Designated Days Off

Virgin Blue will nominate roster periods in which a pilot will receive a minimum of 8 designated days off in each of the 4 nominated roster periods and 9 designated days off in each of the remaining 8 nominated roster periods. (A roster period is one calendar month.)
(A1)8

A1.2.7.2 Where a pilot takes any leave during a roster period the designated days off available in the remainder of the roster will be pro-rata. Two days off will be allocated before annual leave of two weeks or more for the duration of the 2007 bidding year. Designated days off will be rostered as 4 x 2 days off, with the remaining single day being attached to one of those 4 pairings. Notwithstanding the above, single days off can occur at the end of a roster period provided they are followed by a single day off (or days off) in the next roster period.
A1.2.7.3 A1.2.7.4
A1.2.8
A1.2.8.1 A1.2.8.2
Reserve Period
A reserve period is the time in which a pilot must be contactable for duty and a pilot must report for any nominated duty no later than 2 hours after being contacted. A reserve period will not exceed 11 hours and a rostered tour of duty will not be immediately preceded by or immediately followed by a reserve period.
A1.2.9
A1.2.9.1
Grey Days
Pilots will receive 2 grey days per roster period. Grey days are days during which a pilot will not be required for duty, however Virgin Blue may contact a pilot on a grey day to undertake a duty. The decision to accept the duty will rest with the pilot contacted. Grey days will appear on the roster as a grey day. A Grey day may stand alone or be attached to a day/s off or another grey day. Grey days are pro-rated where approved leave is taken.
A1.2.10
A1.2.10.1
Call out on a Day Off, Blank Day, or Leave Day

Where a pilot agrees to and performs duty on a Day Off, Grey Day or leave day the pilot shall receive payment at the hourly rate specified in 1.6.21 for every hour or pro rata hour flown, with a minimum of 5 hours pay per duty. Pilots who perform work on a Day Off or Grey Day are not entitled to a substitute Day Off or Grey Day. Pilots who perform work on leave day are entitled to a substitute leave day. Any hours flown under this clause will not count towards a pilots extra flight hours payment in clause 2.4.
A1.2.10.2 A1.2.10.3 A1.2.10.4
(A1)9
Intentionally Blank
(A1)10
Appendix 2: Annual Leave Bidding System

A2.1
A2.1.1
A2.1.1.1
Annual Leave
Preamble
This annexure sets out the guidelines in relation to annual leave bidding for Virgin Blue Flight Crew. This Annexure must be read and interpreted subject to the terms and conditions of the Virgin Blue Pilots Agreement 2007. The guidelines laid down in this Annexure shall take effect from the ballot year commencing 5th March 2008, unless otherwise indicated as being effective for the ballot year commencing March 2009.
A2.1.2
A2.1.2.1
System Description
The Annual Leave Bidding System is a leave management system that is part of Sabre Aircrews system; it seeks to manage the allocation of annual leave to crew and distributes leave periods fairly among crew members based on the leave they have been awarded in the previous years. During the Balloted Annual Leave process the Sabre system will give preference to crewmembers with the most accumulated points who bid for a specific leave period. Leave categories include: (a) (b) (c) (d) Awarded Annual Leave Assigned Annual Leave Ad-Hoc Annual Leave Banked Annual Leave
A2.1.2.2 A2.1.2.3
A2.1.3
A2.1.3.1
Annual Leave Bidding Definitions

Leave Ballot: A leave ballot is comprised of multiple leave blocks, which crewmembers may bid for. Leave blocks will consist of 7-day blocks starting on a Monday and finishing on a Sunday. The number of slots within each leave block can be viewed through the Leave Ballot screen. The Annual Leave ballot will be generated and awarded/assigned once per year. Awarded Leave: Leave awarded via the bidding process. The system allows crewmembers to bid in preference order for leave ballot blocks, which each have a point value attached. This system is aimed at achieving an equitable distribution of leave blocks amongst crewmembers. Awarded leave may only be cancelled by mutual consent. Assigned Leave: During the awarding of Balloted Annual Leave, the system will allocate 28 days worth of leave to those crewmembers that have not entered a bid preference. The system will also allocate up to 28 days of leave to crewmembers that have been unsuccessful with all or part of their bid preferences. If crewmembers are allocated leave, points will not be debited from their total. This is to ensure a minimum 28 days of leave is awarded or assigned to each crewmember per year. Should a pilot wish not to take that assigned leave he/she may surrender that leave back to the company in accordance with clause A2.1.4.11. Ad-Hoc Leave: Pilots with accrued unallocated annual leave, accrued prior to or during the leave ballot year, can apply for annual leave on an Ad-Hoc basis. This leave includes emergency or special leave circumstances requested by crewmembers and approved at managements discretion. Banked Leave: Assigned Leave or Awarded Leave that is not wanted by a pilot may be deposited in a leave bank for reallocation. Should the unwanted leave block be taken up by another pilot, the pilot who was originally awarded / assigned that leave has no further leave obligation and shall be re-credited those annual leave days. Should the deposited leave not be taken up by another pilot, then the awarded / assigned pilot must take up that leave. Ballot Year: Crew will be requesting annual leave within a set date range. This date range is approximately 12 months in length and is referred to as a Ballot Year.
A2.1.3.2
A2.1.3.3
A2.1.3.4
A2.1.3.5
A2.1.3.6
(A2)1

A2.1.3.7 Bidding Period: Pilots will be notified a date range in which they will need to lodge their bids for the leave ballot. This bidding period will normally commence 16 weeks prior to the start of the Ballot Year and will be notified by FCON. Bid Groups: Pilots are divided into resource groups based on three criteria; base, aircraft type and rank. (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) A2.1.3.9 Brisbane B737 Captains Brisbane Embraer Captains Melbourne B737 Captains Melbourne Embraer Captains Sydney B737 Captains Sydney Embraer Captains Brisbane B737 First Officers Brisbane Embraer First Officers Melbourne B737 First Officers Melbourne Embraer First Officers Sydney B737 First Officers Sydney Embraer First Officers
A2.1.3.8
Surrendered Leave: Leave that is assigned by the company during the Ballot process that is not required by the pilot concerned may be returned or surrendered back to the company. A pilot may only surrender leave if by doing so their accrued annual leave remains under 10 weeks at the end of the ballot year. All surrendered leave blocks will be made available for redistribution through the Ad-Hoc Leave System.
A2.1.4
A2.1.4.1
Annual Leave Bidding Process

Pilots will maintain all points accumulated prior to 5th March 2008 and will be credited with an additional 300 points for the Ballot Year commencing on the 5th March 2008. Subsequently each pilot will be credited 300 points at the commencement of each Ballot Year. These points will be spent on each successful bid that is awarded. Any unspent points will carry over to the next ballot period. The more points a pilot has accumulated or carries over, the greater the chance of their bids being successful in the next ballot year. The Bidding Period will be notified by FCON and will normally commence 16 weeks prior to the start of the Ballot Year. Each Annual Leave block is assigned points; these points are weighted according to the popularity of that leave block. (E.g: Most pilots wish to take their annual leave around major holidays or peak vacation periods. These peak periods will be allocated higher points than less desirable periods.) The indicative points attributed to each annual leave block will be: (a) (b) (c) (d) CAT 1: 49 points CAT 2: 35 points CAT 3: 21 points CAT 4: 14 points
A2.1.4.2 A2.1.4.3
A2.1.4.4 A2.1.4.5
The above points are indicative only and will vary slightly as points are allocated on a single day basis within each block of leave. Pilots can accumulate their points to the next ballot year. Different times of the year are traditionally more desirable for annual leave than others. If a pilot bids for leave blocks which have a lower points value attributed and is awarded one or more of these leave blocks the pilot will accumulate any unspent points over to the next ballot year. This will give pilots a better chance of success at the more desirable periods for the next ballot year.
(A2)2

A2.1.4.6 A2.1.4.7 The company will publish, prior to the ballot open date, a list of pilots by employee number showing their points total. The company will ensure that the leave blocks are fairly distributed throughout the ballot year. The number of available leave slots in each leave block will be established and advertised at the start of the ballot process. Any variation to the number of slots in each block will only be made after consultation with the PWC and the AFAP. Virgin Blue, the PWC and the AFAP shall develop a set of rules to ensure a minimum number of leave slots are available in each leave block. These rules will take effect for the March 2009 ballot year. The company desires each crewmember to take a minimum of 28 days, in each Ballot Year. For the March 2009 Ballot year, if a pilot so wishes they may bid for any multiple of 7 days beyond 28 and up to 42 days. If a pilot does not bid during the leave ballot or is unsuccessful with their bid they will be assigned up to 28 days of leave (4 x 7 days) at the companys discretion. Pilots will be able to email Crew Resource Planning to request that their assigned leave be in consecutive blocks. Should the subsequently assigned leave not be suitable to the crewmember they may surrender the assigned leave back to the company no later than 4 weeks prior to the commencement of the ballot year. A pilot must notify the company that he/she wishes to surrender their assigned leave no later than 4 weeks prior to the commencement of the ballot year by emailing FC.Leave@virginblue.com.au. Refer Surrendered Leave in the definitions for further details on surrendering leave. If unwanted assigned leave is not surrendered to the company by this time it may only then be disposed of through the leave bank process or by mutual consent. However, if a pilot has 10 or more weeks of accumulated leave at the end of the current leave period they must take at least 6 weeks leave in the next leave period. If a pilots bid is unsuccessful for any or all of their bid the company may assign the balance of the 6 weeks leave not awarded during the ballot process in accordance with the Work Choice legislation. Pilots will be able to email Crew Resource Planning to request that their assigned leave be in consecutive blocks. If a pilot has no leave accumulated at the beginning of a leave period, they will still be entitled to bid for up to 6 weeks leave in the next leave period. If such pilot is awarded the full 6 weeks in the ballot, then they will not be able to bid for ad-hoc leave in that leave period. If such pilot is awarded only 4 weeks leave in the ballot, then they will be able to bid for up to 2 weeks ad-hoc leave in the leave period. Any leave accrued prior to a new ballot can also be taken as ad-hoc leave. After the ballot has closed, the system will process all of the bids submitted. Leave blocks will be awarded to pilots in order of the highest number of accumulated points. If a tie occurs, then the longest serving pilot (with reference to the Virgin Blue date of joining list) will be awarded the leave. For the March 2009 ballot year, should there be a tie situation; priority will be given to the pilot who has bid for the greatest number of weeks in which the tie occurs, i.e. if pilot A bids for 2 consecutive weeks leave and pilot B bids for conflicting 3 consecutive weeks leave, pilot B will be awarded the leave. A pilot who commences employment with Virgin Blue after the ballot close date will be eligible to bid for Ad- Hoc leave or Banked Leave only in the current ballot year. Such pilots will be credited points on a pro rata basis for use in the following leave ballot. Pilots will retain all accumulated points if they change from one Bid Group to another. If the company assigns leave, no points will be deducted from the pilots points balance for the assigned leave. Additionally if that crewmember takes that assigned leave he will be credited the following bonus points. This re-crediting of points will occur prior to the next leave ballot. (a) CAT 1: 0 points (b) CAT 2: 7 points (c) CAT 3: 14 points (d) CAT 4: 21 points
A2.1.4.8 A2.1.4.9 A2.1.4.10
A2.1.4.11
A2.1.4.12 A2.1.4.13
A2.1.4.14
A2.1.4.15
A2.1.4.16
A2.1.4.17 A2.1.4.18
(A2)3

A2.1.4.19 A2.1.4.20 Pilots may swap their awarded or assigned leave only with a pilot from the same Bid Group, through the Banked Leave facility. For the March 2009 ballot year, pilots may nominate a bid partner from the same bid group. This will ensure that the partners will be awarded the same leave blocks. This facility is only available for balloted leave and is achieved by awarding the partner with the lowest accumulated points their desired leave blocks and then awarding the remaining partner the same blocks. If a pilot is on sick leave or extended leave of absence during the Ballot Period the company shall contact that pilot to ensure that pilots bidding privileges are not compromised. In this circumstance, the onus in on the pilot to provide their contact details. A pilot that changes bid group through the ballot year may have their awarded/assigned leave cancelled, however crew resource planning will endeavour to maintain any awarded/assigned leave. After the leave ballot closes, extra leave can only be bid for through the Ad-hoc leave system. However if there is no leave available through the Ad-hoc system then the leave bank may be accessed by the leave planner to satisfy the pilots request.
A2.1.4.21
A2.1.4.22
A2.1.4.23
(A2)4
A2.1.5
Indicative Timeline of Events

Ballot Open Date: 16 weeks prior to start of ballot year. Annual Leave Ballot and associated point values for leave blocks distributed to crew. Crew able to access ballot through CIA and submit bids for annual leave.
Ballot Close Date: 11 weeks prior to start of ballot year. The last day that crew are able to submit bids for the upcoming ballot. Crew may edit, delete and resubmit bids between ballot open/close dates.
Award Process: 10 weeks prior to start of ballot year. The System allocates leave blocks with its points based scheme attempting to satisfy as many crew member bids as possible. Crew Planner checks leave award results. Crew who did not bid or were unsuccessful are allocated 28 days of leave.
Publish Ballot Results: 8 weeks prior to start of ballot year. Leave award/allocation results are published to crew via CIA.
Ad-Hoc Requests Open: 8 weeks prior to start of ballot year. Crew are able to apply for Ad-Hoc leave for the coming ballot year through CIA.
Surrendered Leave: window closes 4 weeks prior to the start of the ballot year.
(A2)5
A2.2
A2.2.1
A2.2.1.1
Ad Hoc Leave
General
Throughout the year pilots will be able to apply for annual leave blocks that are unassigned after the ballot process has been completed or that become vacant for whatever reason. This will be achieved by an Ad-hoc Leave allocation. Pilots can use their left over accumulated leave and any previously accrued leave to request leave on a month-to-month basis. This will also include emergency or special leave granted to pilots at Flight operations Management discretion. Available Ad-Hoc leave will be published and open for bidding 8 weeks prior to the commencement of the Ballot Year. Awarded Ad-hoc leave will not affect a pilots points balance.
A2.2.1.2
A2.2.2
A2.2.2.1 A2.2.2.2 A2.2.2.3
Ad-Hoc Bidding Process

Ad hoc leave will incur no points deduction. Ad-Hoc leave will be available in blocks of 28, 21, 14, 7, 4 days (Monday Thursday) or 3 days (Friday Sunday). Ad Hoc bids will be approved in date / time order they are received. However the bid for a greater number of days will have priority over a bid for less days over the same time frame. Blocks in multiples of 7 will be approved as they are received, if a block is available. The pilot will be notified approximately within a week if successful. If there are no blocks available a pilots request will remain active until 4 weeks prior to the commencement of the roster period that encompasses their leave request. 3 and 4-day blocks will be approved in date / time order they are received, and will be awarded at least 4 weeks prior to the commencement of the roster period that encompasses their leave request. This will allow pilots to bid for days off via the PBS if they are unsuccessful with their Ad-Hoc bid. Pilots may cancel any awarded Ad-Hoc leave no later than 5 weeks prior to the commencement of the roster period that encompasses the leave period. A pilot who changes Bid Group may lose any awarded Ad-Hoc leave. Crew Resource Planning will endeavour to maintain any awarded/assigned leave.
A2.2.2.4
A2.2.2.5 A2.2.2.6
(A2)6
A2.2.3
Ad-Hoc Leave Timeline of Events

Publish Ballot Results: 8 weeks prior to start of ballot year. Leave award/allocation results are published to crew via CIA.
Ad-Hoc Requests Open: 8 weeks prior to start of ballot year. Crew are able to view unassigned leave blocks and apply for Ad-Hoc leave for the coming ballot year through CIA.
Publication of Ad-Hoc Requests for Blocks in 7 day multiples: Crew will be notified as soon as slots become available for blocks with multiples of 7.
Publication of Ad-Hoc Requests for 3 & 4 day Blocks: 5 weeks prior to each roster period. Crew will be notified 5 weeks prior to the start of each roster period for 3 & 4 day blocks.
Ad-Hoc Requests close: 5th day of each roster period. Ad-Hoc requests will close. This is approximately 2 weeks prior to the publication of rosters on the 5th day of each roster period.
(A2)7
A2.3
A2.3.1
A2.3.1.1 A2.3.1.2
Banked Leave
Process
A leave bank will be established and administered by the company. Unwanted leave, either Awarded or Assigned, may be deposited if it is not required by a pilot. Bank Leave will be reallocated on a first in first out basis. ie if there are two identical leave blocks in the bank, then the block that was first deposited will be reallocated first. Any banked leave that has not been reallocated by 4 weeks prior to the commencement of the roster period that encompasses the leave block will be returned to the originally awarded / assigned pilot. The pilot will be notified that his leave has been returned. From time to time Virgin Blue may wish to access the Leave Bank to overcome crewing shortages. In order to ensure that pilots have priority access to leave in the bank the order of allocation will be as follows: 1. 1st priority: Pilots who access the leave bank and identify a leave block they would like to claim will have first priority. If more than one pilot wishes to claim a particular block then the order will be based on the time the email requests are received at leave.bin@virginblue.com.au. 2nd priority: Approximately 5 weeks prior to the commencement of each roster period, the flight crew leave planner will endeavour to satisfy any ad-hoc leave requests with any remaining banked leave. 3rd priority: After the above priorities have been satisfied, any leave remaining in the leave bank may be accessed by Virgin Blue to overcome short term crewing requirements.
A2.3.1.3
2.
3.
A2.3.1.4 A2.3.1.5
Pilots can only bid for banked leave in their current bid group. Should a leave block be reallocated then the pilot who was originally awarded / assigned that leave will have no further obligations to that leave block and will be re-credited with those annual leave days. However in the case of Awarded Leave no points will be refunded. The pilot will be notified that his leave has been reallocated. Any leave allocated from the leave bank will not incur any point cost. The company will make available and pilots will be able to view, through Sabre, all available banked leave for each bid group. Banked Leave bids will be approved in date / time order they are received at leave.bin@virginblue.com.au. The leave bank will be open for deposits 8 weeks prior to the commencement of the Ballot Year. Should a pilot change bid groups, any approved bank leave will be returned to the leave bank or made available on an Ad-hoc basis.
A2.3.1.6 A2.3.1.7 A2.3.1.8 A2.3.1.9 A2.3.1.10
(A2)8
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Deed made at
on
2007
Parties
Virgin Blue Holdings Limited ACN 100 686 226 of c/ 131 Barry Parade, Fortitude Valley, Queensland (VBH) Australian Federation of Air Pilots of Level 6, 132-136 Albert Road, South Melbourne, Victoria (AFAP)
Background
A. B. C. VBH controls Virgin Blue Airlines Pty Limited (Virgin Blue). Virgin Blue employs pilots who work in its Australian, domestic operations. VBH are in the process of establishing new, international, long haul operations (Long Haul Operations). VBH has not yet decided who the employer of pilots will be in the Long Haul Operations. The AF AP represent a number of pilots, including pilots employed by Virgin Blue. Virgin Blue and the AF AP have been negotiating a replacement workplace agreement to cover pilots employed by Virgin Blue who fly Boeing 737 and Embraer aircraft in Virgin Blue's Australian, domestic operations (EBA). Most pilots aspire to having the opportunity for employment in long haul operations. VBH acknowledges the expanded career opportunities provided by the Long Haul Operations and has agreed to give the commitments referred to in this Deed.
D. E.
F.
Operative 1.
provisions
by VBH
Commitments
Currently, there are a total of 13 Boeing 777 aircraft on order or under option for the Long Haul Operations (a firm order for 7 and options on another 6). In the circumstances, subject to pilots employed by Virgin Blue approving the EBA at the next vote, VBH agrees as follows: A. In respect ofthe first 7 Boeing 777 aircraft introduced into the Long Haul Operations (all of which are firm orders), the crewing arrangements for Captains will be as follows. a. At least 4/7ths ofthe total complement of Captains will be recruited exclusively from Captains within Virgin Blue. There will be a mix of internal and external Captains for the remaining 3/7ths of the total complement of Captains. Whether or not they will be contract pilots or employees and/or engaged under permanent or fixed term arrangements is still to be determined. Flexibility around this mix is to ensure that:
b.
I. There is a sufficient complement of experienced long haul Captains to

facilitate the start-up of Long Haul Operations;
II. The start-up of Long Haul Operations does not disrupt the Virgin Blue
domestic operations (i.e. by resulting in too many pilots transferring from the domestic operations to the Long Haul Operations in a short period of time); and III. Both the Long Haul Operations and the Virgin Blue domestic operations are able to meet relevant regulatory, safety, commercial and operational requirements and remain sustainable.
B. The process that the new employer will carry out in order to determine which of the Virgin Blue Captains will be offered employment as Captains on the Boeing 777 aircraft will be consistent with the command selection and promotion process at Virgin Blue (refer Volume A I: Operations Manual, Section 14). C. First Officers will be offered opportunities in the Long Haul Operations following discussions between the new employer and the AFAP. D. Ifany of the remaining 6 Boeing 777 aircraft (under option) are introduced into the Long Haul Operations during the life of this Deed (clause 2B below contains provisions about when this Deed will cease to apply), the new employer will have discussions with the AF AP about crewing arrangements for those aircraft.
2.
Related matters
A. The commitments given in clause 1 above will cease to apply if there is an insufficient number of Virgin Blue Captains ready, willing and able to accept employment as a Boeing 777 Captain in the Long Haul Operations at the relevant time. B. This Deed will cease to apply on the expiration ofthe nominal term ofthe EBA, or earlier if the entity that will employ Captains in the Long Haul Operations is not controlled by VBH.
C. VBH is not in a position to make commitments about the identity ofthe employer, the type of instrument that will apply to Captains' employment in the Long Haul Operations or the terms and conditions that will apply to that employment.
3.
Severability
Ifany provision of this Deed is held to be invalid or unenforceable for any reason, it will be severable and will not affect the remaining provisions ofthis Deed.
4.
Applicable law
This Deed will be governed by the law in force in Queensland.
Executed as a deed.
Executed by Brett Godfrey for and on behalf of Virgin Blue Holdings Limited in the presence of:
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Witness Signature Siinature 91/3rett Godfrey, for and on behalf of oldings Limited
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Witness Name
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Executed by Bryan Murray for and on behalf of the AF AP in the presence of:
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Ignature of Bryan Murray, for and on behalf of the AF AP
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Signature of witness
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Name of witness in full

Virgin Blue Pilots EBA 2007

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Virgin Blue Pilots EBA 2007

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VIRGIN BLUE PILOTS AGREEMENT 2007

Virgin Blue Pilots Agreement 2007

Virgin Blue Pilots Agreement 2007

8.5 8.6 8.7 8.8 8.9

Virgin Blue Pilots Agreement 2007

Agreement Objectives and Application

Agreement Objectives and Application

Parties to and Application of this Agreement

(d) (e) (f) (g) (h)

Virgin Blue Pilots Agreement 2007

Agreement Objectives and Application

Relationship with Other Industrial Instruments and Legislation

Definitions and Interpretation:

1.6.6 1.6.7 1.6.8 1.6.9 1.6.10

Virgin Blue Pilots Agreement 2007

Agreement Objectives and Application

1.6.15 1.6.16 1.6.17 1.6.18

1.6.22 1.6.23 1.6.24 1.6.25 1.6.26 1.6.27

Virgin Blue Pilots Agreement 2007

Agreement Objectives and Application

(b) (c) (d) (e) (f) (g)

Virgin Blue Pilots Agreement 2007

Agreement Objectives and Application

Pilot Workplace Committee (PWC)

Virgin Blue Pilots Agreement 2007

Annual Salaries for Pilots

July 2008 $174,183 Which is a 3% increase on 2007 annual salary.

July 2009 $179,408 Which is a 3% increase on 2008 annual salary.

Virgin Blue Pilots Agreement 2007

Level 2 Annual Salary

$101,466 Which is 60 % of the 737 Captains annual salary

$104,510 Which is a 3% increase on 2007 annual salary.

$107,645 Which is a 3% increase on 2008 annual salary.

Level 3 Annual Salary

$109,921 Which is 65% of the 737 Captains annual salary

$113,219 Which is a 3% increase on 2007 annual salary.

$116,615 Which is a 3% increase on 2008 annual salary.

Virgin Blue Pilots Agreement 2007

Embraer First Officer Level 1 Annual Salary

July 2008 $76,640 Which is a 3% increase on 2007 annual salary.

July 2009 $78,940 Which is a 3% increase on 2008 annual salary.

Level 2 Annual Salary

$81,173 Which is 60 % of the Embraer Captains annual salary

$83,608 Which is a 3% increase on 2007 annual salary.

$86,116 Which is a 3% increase on 2008 annual salary.

Level 3 Annual Salary

$87,937 Which is 65% of the Embraer Captains annual salary

$90,575 Which is a 3% increase on 2007 annual salary.

$93,292 Which is a 3% increase on 2008 annual salary.

Virgin Blue Pilots Agreement 2007

Salary Allowances - Check Pilots and Training Pilots

Virgin Blue Pilots Agreement 2007

Additional Virgin Blue Work Rules payment

2.3.2 2.3.3 2.3.4

Extra flight hours payments

Virgin Blue Pilots Agreement 2007

Virgin Blue Pilots Agreement 2007

Work Related Expenses

Work Related Expenses

Overnight Meal Allowance

3.1.2.2 3.1.2.3 3.1.2.4 3.1.2.5

Virgin Blue Pilots Agreement 2007

Work Related Expenses

Virgin Blue Pilots Agreement 2007