Qantas Short Haul Agreement 2007

QANTAS AIRWAYS LIMITED FLIGHT CREW (SHORT HAUL) WORKPLACE AGREEMENT 2007
QANTAS AIRWAYS LIMITED FLIGHT CREW (SHORT HAUL) WORKPLACE AGREEMENT 2007
Part 1: Part 2: Part 3: Part 4: Part 5: Part 6: Part 7: Part 8: Part 9: Part 10: Part 11:
Introduction Definitions, Interpretation, Anti-Discrimination and Special Conditions Dispute Resolution and Consultation Company and employees' obligations, employment relationship and related arrangements Pay and related matters Hours of work, scheduling and related arrangements Leave entitlements Travelling and working away from home Training and related matters Accidents and Incidents, Accidents Pay & Uniforms Appendices and Index Appendix A: Flight crew members' annual leave due month chart Appendix B: Loss of Licence insurance policy Appendix C: 28 Day Bid Periods Appendix D: Rostering Manual Index
Short Haul Workplace Agreement 2007
TABLE OF CONTENTS
PART 1 - INTRODUCTION ................................................................................................................................5 1 2 3 4 5 6 7. TITLE..........................................................................................................................................................5 DURATION ................................................................................................................................................5 PARTIES BOUND .....................................................................................................................................5 RELATIONSHIP TO OTHER INSTRUMENTS ...................................................................................5 NO PRECEDENT ......................................................................................................................................6 NO EXTRA CLAIMS ................................................................................................................................6 INTENT & PURPOSE/STATEMENT OF COMMITMENT................................................................6
PART 2 DEFINITIONS, INTERPRETATION, ANTI-DISCRIMINATION AND SPECIAL CONDITIONS ................................................................9 8. 9. 10. 11. DEFINITIONS ...........................................................................................................................................9 INTERPRETATION ...............................................................................................................................16 ANTI-DISCRIMINATION PROVISION..............................................................................................16 SPECIAL CONDITIONS........................................................................................................................16
PART 3 DISPUTE RESOLUTION & CONSULTATION ...........................................................................17 12. 13. DISPUTE SETTLEMENT PROCEDURE ............................................................................................17 CONSULTATION ...................................................................................................................................17
PART 4 COMPANY & EMPLOYEES OBLIGATIONS, EMPLOYMENT RELATIONSHIP & RELATED ARRANGEMENTS..........................................................................18 14. 15. 16. 17. 18. 19. 20. CONTRACT OF EMPLOYMENT ........................................................................................................18 SENIORITY .............................................................................................................................................24 PROMOTION ..........................................................................................................................................28 ALLOCATION TO BASE ......................................................................................................................31 ALLOCATION TO AIRCRAFT TYPE ................................................................................................37 FREEZE PERIODS .................................................................................................................................37 TRANSFER OF SHORT HAUL FLIGHT CREW MEMBERS TO LONG HAUL OPERATIONS..........................................................................................................38 CONDITIONS GOVERNING TRAINING CAPTAINS CATEGORY A,B, D AND E AND TRAINING FIRST OFFICERS..................................................41 SUPPLY OF AGREEMENT...................................................................................................................51 ACCESS TO PERSONAL RECORDS ..................................................................................................51 LOSS OF LICENCE INSURANCE .......................................................................................................52
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22. 23 24
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PILOT INDEMNITY AND RELEASE..................................................................................................53
PART 5 PAY & RELATED MATTERS ........................................................................................................54 26. 27. PAY ...........................................................................................................................................................54 CALCULATING PAY FOR VARIOUS DUTIES OR TRAINING OR LEAVE AND GENERAL PAY RULES .........................................................................................57
PART 6 HOURS OF WORK, SCHEDULING & RELATED ARRANGEMENTS ..................................67 28. 29. 30. 31. 32. 33. 34. 35. 36. ROSTERING............................................................................................................................................67 CAO EXEMPTION - SUPPORT FOR CONTINUATION .................................................................67 DUTY OF A FLIGHT CREW MEMBER .............................................................................................68 TEMPORARY ROSTER SWAPS..........................................................................................................69 DAYS OFF (X DAYS)..............................................................................................................................70 RESERVE DUTY.....................................................................................................................................71 CB DAYS ..................................................................................................................................................71 INTERNATIONAL OPERATIONS PROTOCOL...............................................................................72 COMPANY MAY IMPLEMENT ELECTRONIC FLIGHT BAG OR SIMILAR APPLICATIONS FOR FLIGHT DECK ......................................................................74 28 DAY BID PERIODS ...........................................................................................................................74
37.
PART 7 LEAVE ENTITLEMENTS...............................................................................................................75 38. 39. 40. 41. 42. 43. 44. ANNUAL LEAVE ....................................................................................................................................75 SICK AND PERSONAL LEAVE ...........................................................................................................80 LONG SERVICE LEAVE.......................................................................................................................83 COMPASSIONATE (BEREAVEMENT) LEAVE ...............................................................................83 PARENTAL LEAVE ...............................................................................................................................84 CARERS LEAVE AND CARERS LINES ..........................................................................................85 LEAVE OF ABSENCE WITHOUT PAY..............................................................................................91
PART 8 TRAVELLING & WORKING AWAY FROM HOME ................................................................93 45. 46. 47. 48. 49. DAILY TRAVELLING ALLOWANCE................................................................................................93 ACCOMMODATION AND TRANSPORT ..........................................................................................93 DUTY TRAVEL.......................................................................................................................................94 DEADHEAD VARIATION POLICY ....................................................................................................95 CONDITIONS GOVERNING TRAINING AT A LOCATION AWAY FROM A FLIGHT CREW MEMBER'S BASE .....................................................................96 ACCESS TO QANTAS CLUB................................................................................................................98
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51.
BOTTLED WATER PROVISION .........................................................................................................98
PART 9 TRAINING & RELATED MATTERS............................................................................................99 52. TRAINING AND QUALIFICATION ....................................................................................................99
PART 10 ACCIDENTS & INCIDENTS, ACCIDENT PAY AND UNIFORMS ......................................100 53. 54. 55. ACCIDENTS AND INCIDENTS..........................................................................................................100 WORKERS COMPENSATION AND ACCIDENT PAY ..................................................................100 UNIFORMS ............................................................................................................................................100
PART 11 - APPENDICES ................................................................................................................................101 APPENDIX A.....................................................................................................................................................101 FLIGHT CREW MEMBERS ANNUAL LEAVE DUE MONTH CHART..............................................101 APPENDIX B.....................................................................................................................................................103 LOSS OF LICENCE INSURANCE POLICY .............................................................................................103 APPENDIX C.................................................................................................................................................124 28 DAY BID PERIODS..................................................................................................................................124 APPENDIX D.................................................................................................................................................125 ROSTERING MANUAL ...............................................................................................................................125
PART 1 - INTRODUCTION
1. TITLE This Agreement will be known as the Qantas Airways Limited Flight Crew (Short Haul) Workplace Agreement 2007 ( Agreement).
2. DURATION This Agreement will operate for five (5) years from lodgement to 31 August 2012.
3. PARTIES BOUND This Agreement is binding on Qantas Airways Limited ("the Company"), the Australian and International Pilots Association ("the Association") and all flight crew members employed in operations known as Qantas short haul operations who are members, or eligible to be members, of the Association.
4. RELATIONSHIP TO OTHER INSTRUMENTS 4.1. Related Agreements/Awards Subject to clause 4.2, and pursuant to the provisions of the Act, this Agreement is a comprehensive Agreement that applies to the exclusion of; 4.1.1. 4.1.2. 4.1.3. the Qantas Shorthaul Pilots Award 2000 ("Safety Net Award"); the Qantas/Australian Airlines Pilots Integration Award 1994 (the Integration Award); the Qantas Airways Limited Flight Crew (Short Haul) Certified Agreement 2002/2005 and all its predecessors (which this Agreement supersedes and replaces).
4.2
Integration Award & other matters The following provisions of the Integration Award as in operation immediately before this Agreement was made are called up and have operation pursuant to the provisions of section 355 of the Act; clauses 3, 4 (a), (b) and (c) (but not the final paragraph of clause 4), 5, 6 (a), 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and Schedule 1. To the extent of any inconsistency between the express terms of this agreement and the terms of the Integration Award referred to above, this Agreement prevails unless expressly stated to the contrary. Any term of the Integration Award, which contains prohibited content (as defined in the Act) is deemed not to be incorporated into this agreement.
For the avoidance of doubt, protected award conditions within the meaning of s354 of the Act are excluded from the operation of this Agreement, to the extent that they are inconsistent with an express term of this Agreement. Protected award conditions are award provisions which would otherwise apply to employees employment relating to the following matters: rest breaks, incentive based payments and bonuses, annual leave loading, state public holidays and days in substitution thereof, monetary allowances, overtime and shift loadings, penalties rates and other matters prescribed by legislation.
5. NO PRECEDENT The parties to this Agreement undertake that they will not use this Agreement in any manner whatsoever to obtain, negotiate or impose any conditions or benefits for any other area of the Company's operations.
6. NO EXTRA CLAIMS It is a term of this Agreement that the parties will not pursue any extra claims. Wage increases awarded by the Australian Fair Pay Commission or any body that may replace it in part or in whole or which may exercise a wage fixation function during the term of this Agreement will not apply.
7.
INTENT & PURPOSE/STATEMENT OF COMMITMENT
7.1. Intent & Purpose In making this Agreement, the parties recognise that compliance with its terms and the development of a spirit of cooperation are essential for mutual benefit and to achieve the intent and purpose of the Agreement. 7.2. Statement of Commitment Qantas is pleased with the quality of discussions with AIPA on this new Agreement. The current negotiations have been characterised by a willingness to discuss business realities, which may confront the Company and its staff due to external forces. It is important to understand the difficulty in predicting the actual form of challenges, which may occur suddenly, or over a period. Consequently, there needs to be continuing capacity for flexibility in being able to respond by a range of tactics. Any narrow prescriptions could inhibit the effectiveness of vital commercial future strategies at a critical time. However, the Company agrees on the preferability of working together with the Association and existing staff to find agreed solutions which are the best balance between commercial imperatives and consequences for people involved.
7.3. Types of Aircraft and Categories of Flying The Company is not prepared to enter into narrow legal definitions or award prescriptions of who will fly specific equipment types on specific missions. There are established practices and commitments, which have been operating on a stable basis over recent years. In accordance with prior indications by the Company, there has been no attempt to use any category of flying (regional, domestic or international) to the detriment of a group engaged in another category. It is clear that regional flying is a separate category because it must have a different cost structure. There have been movements between categories of flying such as some previously domestic trunk flying being moved over to regional airlines, some previously regional international flying being carried out by the domestic trunk airline, and some domestic trunk flying being conducted by the international operation. In turn, some such transfers of flying may reverse when commercial conditions change. Such flexibility is in the interests of the Company and its people, and has been beneficial to the future success of the business and its staff. It is very desirable to retain these common sense arrangements. The parties have built up a level of trust by practical behaviour. 7.4. Response to changed competitive circumstances Detailed discussions have demonstrated the difficulty in drafting specific terms of agreement to suit unpredictable circumstances that could arise by way of changed competition or new business opportunities. However, the Association has indicated its willingness to commit to enter into immediate and expeditious negotiations to enable appropriate tactical responses to changed circumstances. In the case of the domestic market this could involve the need to form a new operations structure with significantly reduced costs including but not limited to people costs. This could be a completely new airline, or a separate segment of the existing airline. In the case of overseas possibilities, the Association acknowledges that operations set up in a foreign jurisdiction would need a cost structure, including people costs, which would be competitive in that environment. In summary form, the Association is indicating its flexibility to negotiate competitive cost structures made necessary by the competitive environment. The Company clearly states its preference and commitment to work with the Association and existing airline staff to implement whatever changes are necessary for the future viability of the Company and its people.
This will require from both parties continuing attention to consultation, communication of information in an open and direct manner, willingness to confront commercial realities and flexibility. Both parties by this Agreement commit to this constructive approach.
PART 2 DEFINITIONS, INTERPRETATION, ANTI-DISCRIMINATION AND SPECIAL CONDITIONS 8. DEFINITIONS In this Agreement, unless the contrary intention is expressed or the context suggests otherwise: accommodation means accommodation provided for a flight crew member that is recognised as first class accommodation. Act means the Workplace Relations Act 1996. aircraft type means the specifications and model number of an aircraft as designated by the manufacturer of that aircraft. allocated means awarded or assigned. applicable annual salary means a flight crew members annual salary for minimum guarantee hours based on his or her category and years of services as set out in clause 26. applicable hourly rate means a flight crew members hourly rate pursuant to sub-clause 26 of this Agreement and is calculated by dividing the applicable annual salary rate by six-hundredand ninety six (696). assigned means allocation of a duty, vacancy or period of leave to a flight crew member, for which the flight crew member has not bid. Association means the Australian and International Pilots Association or its nominated representative or representatives. available day (AV day) means a day, not being a Day Off or a BL day, on which a flight crew member is not: rostered for duty; obliged to be readily available for duty; or required to advise the Company of his or her whereabouts,
but is a day on which the flight crew member may be allocated duty in accordance with the open time procedures as set out in the Rostering Manual. awarded means allocation of a duty, vacancy or period of leave to a flight crew member as a result of the flight crew members bid for, or acceptance of, an offer. base means the geographic location to which a flight crew member is allocated by the Company for the purposes of commencing and finishing duty. bid period means a twenty eight (28), thirty (30) or thirty one (31) day period designated by the Company for the purpose of bidding for, and allocation of, duties. blank day (BL day) means a day, not being a Day Off, on which a flight crew member is not:
Short Haul Workplace Agreement 2007 9
rostered for duty; or obliged to be readily available for duty; or required to advise the Company of his or her whereabouts,
but is a day on which the flight crew member may be allocated duty in accordance with the open time procedures as set out in this Rostering Manual. In terms of not requiring a flight crew member to be available for duty, a BL day carries a high priority for non-availability, exceeded only by the priority for non-availability attaching to a Day Off. CAOs means a direction, notification, permission, approval or authority issued pursuant to Regulation 5 of the Civil Aviation Regulations 1988 (CAR) as a Civil Aviation Order (CAO). CAO48 Exemption means Sections 1-4 (Schedule Introduction) and Part II (Domestic (High Capacity) Operations) of the standard industry exemptions granted to the Company by CASA pursuant to paragraph 4.1 of CAO Part 48 and is annexed to the Rostering Manual. Captain means a pilot employed to act in command of an aircraft. carer means a who meets the criteria of a person who has responsibilities to care for or support a family member but does not mean the pilot is a casual or temporary employee. carers line means a bid line allocated to a pilot who meets the criteria of a carer. CAAC means the Company Aircrew Assessment Committee CASA means the Civil Aviation Safety Authority or its successor. Category means a flight crew members status according to a particular aircraft type. Categories are ranked in the following descending order: (a) (b) B737 Captain; B737 First Officer.
cleared to the line means the operating status of a flight crew member who has successfully completed all training associated with endorsement on an aircraft type or for promotional training, and who has been approved by the Company to fly in the category for which the training was allocated to the flight crew member. Closure of open time means the date that open time can be allocated to a flight crew member pursuant to clause 55 of the Rostering Manual and: Early closure means any closure of open time before four (4) calendar days before the day on which the duty commences or before Month End closure. Late closure means within two (2) calendar days of the day on which the duty commences (e.g. a duty commencing on Wednesday can be allocated on the preceding Monday).
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Month End closure means that open time occurring between day twenty nine (29) of a bid period and day three (3) of the following bid period will close seven (7) days before the day on which the duty commences. Normal closure means that open time will close at 08:00, four (4) days before the day on which the duty commences, with notification commencing at 12:00 on the day of closure (e.g. a duty commencing Wednesday may be allocated on the preceding Saturday).
Commission means the Australian Industrial Relations Commission. Company means Qantas Airways Limited (ABN 16 009 661 901) or any of its duly delegated officers. Company briefing day (CB day) means a day rostered for the purpose of providing Company information to flight crew members on issues including but not limited to safety information, Company financial performance and operational based presentations. Company Manuals means Company manuals including publications such as the Flight Administration Manual, Flight Standing Orders and Notices to Flight Staff and other relevant documents pertaining to a flight crew members employment provided they are consistent with this Agreement and the Rostering Manual. Contacted on the day of reserve means contacted by the Company on or after the commencement of reserve duty. continuous service means service under an unbroken contract of employment and includes any period of employment on a carers line in accordance with this clause that is contiguous with the contract of employment. Credited hours pay means the actual pattern value for a tour of duty or a series of tours of duty plus the credited value for all approved paid leave. Day means the period between local midnight and the subsequent local midnight. Day Off (X Day) means a day on which a flight crew member is not: rostered for duty; or obliged to be readily available for duty; or required to advise the Company of his or her whereabouts,
and remains a day free of duty except that a flight crew member may volunteer to perform a duty on a Day Off or be required to perform a flight duty on a Day Off in accordance with the open time provisions in the Rostering Manual. Deadhead/ing means travelling on an aircraft at the Companys direction other than as an operating flight crew member for the purpose of positioning for duty or returning to base after completing a duty. disruption means any event that causes a change to the Companys scheduled operations or a flight crew members roster.
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Divisor actual divisor means the average of the credited hours achieved for a specific category and base, at the completion of a bid period. planned divisor means the average hours allocated to flight crew members of a specific category and base, at the completion of the roster allocation process. planning divisor means the average hours projected to be allocated to flight crew members of a specific category and base at the completion of the pattern planning process and is the published figure that is used as a guide for the purpose of bidding.
duty means the work of a flight crew member and covers any and all activities that may be required of a flight crew member by the Company in accordance with this Agreement, the CAOs and the Rostering Manual. duty free day means an AV day, or a BL day or a Day Off. duty hour means an hour that falls within a duty period for the purposes of calculating personal leave pay. duty period means a period that starts when a flight crew member is required by the Company to report for a duty and continues until the flight crew member is free of all duties. First Officer means a flight crew member employed to act as second-in-command of an aircraft. Flight crew includes a Captain and a First Officer. flight crew member has the same meaning as that given to flight crew officer in clause 1 of Schedule 2 of the Act and also means a flight crew member (or, where relevant, a group of flight crew members) employed under this Agreement. flight duty means any duty where a flight crew member is in control of, or a member of the operating crew of, an aircraft within a duty period and commences from the moment that the aircraft first moves under its own power for the purposes of taking off until the moment that it comes to rest at the end of a flight. flight time means the total time from the moment that the aircraft first moves under its own power for the purposes of taking off until the moment that it comes to rest at the end of a flight. Flight crew flight and duty limits means flight and duty time limitations in accordance with CAO Part 48 and any exemptions or concessions given by the CASA and agreed by the Association, not including dispensations given by the CASA. GMFOT means General Manager Flight Operations Training initial roster means a flight crew members roster for a bid period comprising patterns, tours of duty, duties, leave and duty free days allocated immediately following the completion of the roster allocation process before the commencement of the bid period.
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initial training means any training required of a flight crew member (whether by the Company or the CASA) on commencement of employment with the Company as a prerequisite to being cleared to the line. MD day means a day on which a Training Captain A/B is not normally required to perform a duty but which is rostered as a day for home study for Training Captain A/B duties without pay (unless a Training Captain A/B undertakes simulator or flying duties on a MD in day. minimum guarantee hours means fifty- eight (58) hours per bid period. Multi day reserve means more than one consecutive day of reserve/reserve duty. open time means any duty that is not contained in a Roster. open time book means the book (or any other administrative facility or record maintained by the Company or any computer program) into or under which a flight crew member may indicate their willingness to carry out open time. open time list means the list of open time maintained by the Company. PAC means a Pilot Assessment Committee as referred to in clause 16 of this Agreement. Parties means the Company and the Association. passive credit means credit which does not apply during roster construction but which does apply for pay purposes. Pattern means the planned itinerary of a tour of duty or a series of tours of duty. Personal Leave means leave that accrues to flight crew members under this Agreement after lodgement of this Agreement and includes carers leave (but excludes URTI). Pilot Crew Allocation Module (PCAM) bidding means the system under which flight crew members bid for patterns of flight duty and is set out in the Rostering Manual. Pilot under initial training means a flight crew member undergoing required training following commencement of employment, before being cleared to the line. Preferential Sequence Number (PSN) means the list of all flight crew members used to provide priority for the purpose of bidding each bid period pursuant to clause 39 of the Rostering Manual. Promotion means a change by a flight crew member to a higher category or status. promulgate means to make known to flight crew members via the Company manuals and, in addition to being circulated in the normal manner, will be: sent to each flight crew member (if requested) when on approved annual leave, long service leave or leave without pay; sent to each base station and posted on the crew room notice board; sent to the Associations office; and transmitted by other agreed electronic means.
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Reserve duty means a fourteen (14) hour period of standby at the flight crew members base or temporary transfer base at the Companys direction for the purpose of being available for operational duty, but on the day of operation the period of standby will be reduced to twelve (12) hours, such twelve (12) hour period to be advised to the flight crew member by the Company no later than twenty-four (24) hours before it commences. If the Company makes no contact, the flight crew member will recognise the first twelve (12) rostered hours as the intended reserve duty period. roster means a flight crew members rostered arrangement of duty for a bid period. Roster Construction means the building of a flight crew members initial roster for a bid period which is comprised of awarded and/or assigned patterns and/or other duties following the bidding process. Rostering Manual is set out at Appendix D to this Agreement and means the operations and administration manual developed as at 25 May 2007 for the purposes of complying with the requirements of the exemption to CAO section 48 granted by CASA. The Rostering Manual contains a set of limits and procedures for roster construction and administration in the Companys short haul operations and is the document under which the rostering and scheduling of flight crew members in the Companys short haul operations is conducted. Rostering Manual limits mean the allocation, rostering, flight time and duty limits as agreed between the parties and set out in the Rostering Manual. Schedule means the planned arrangement for the use of an aircraft. Scheduling Consultative Committee (SCC) means a committee established pursuant to clause 5 of the Rostering Manual and comprising representatives of the Company and the Association. sector means a flight duty, pattern or tour of duty departing from a port and arriving at a port. seniority date means the date from which a flight crew members seniority commenced to accrue as set out in the A Seniority List in the Integration Award. Seniority List means the A Seniority List as per the Integration Award, unless otherwise indicated. Short of time flight crew member means a flight crew member whose projected credited hours for a bid period and the next consecutive bid period are: more than 2 hours (or, for carers lines, the number of hours pro-rated to the flight crew members nominated percentage) below the hours in his or her initial roster; or more than 3 hours (or, for carers lines, the number of pro-rated to the flight crew members nominated percentage) below the planned divisor for his or her category and base;
and who is not hours restricted because of the possible exceedance of the Rostering Manual limits or the flight crew flight and duty limits. A flight crew member is not considered short of time where credits have been lost as a result of trip swapping.
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For the purposes of this definition, the bid period for the purposes of defining a flight crew members monthly roster or determining the monthly average for his or her base and category, is the bid period in which the flight crew member becomes a short of time flight crew member and those figures are also to be used to determine when the he/she ceases to be a short of time flight crew member. Sick leave means leave that accrued to flight crew members prior to the lodgement of this Agreement. sign-off means the time of completion of all duties associated with a tour of duty. This time will be not less than fifteen (15) minutes at a domestic terminal and not less than thirty (30) minutes at an international terminal after the aircraft arrival time following flight duty. sign-on means the actual time a flight crew member is required by the Company to report for duty. This time will be not less than thirty (30) minutes before a flight departure time. When the duty involved is other than deadheading or acting as operating crew, sign-on will be as shown on the flight crew members roster. temporary transfer means a flight crew members transfer so designated, from the flight crew members base to a geographic location where the flight crew member is to be located on conditions agreed by the Association for a period not exceeding three bid periods, except where extended by mutual agreement. Temporary transfer base means a base at which a flight crew member is located on a temporary transfer as defined. Time means local time (unless stated otherwise). Tour of duty means the period between the time a flight crew member commences any duties associated with his or her employment before making a flight or series of flights until he or she is finally relieved all such duties after the termination of such flights or series of flights. Training block means a period of twelve (12) months commencing on 1 July each year during which all initial promotional and/or type transfer vacancies are planned to be advertised and allocated in one group. Training Captain means a Captain who is appointed by the Company to perform checking and/or training duties both in-flight and/or in simulator training devices. Training Captain Category A/B means a Captain who is appointed by the Company to perform checking and/or training duties both in flight and in simulator training devices. Training Captain Category D means a Captain who is approved to carry out route checking and enroute training of flight crew members employed by the Company. Training Captain Category E means a Captain who is approved to carry out enroute training of a flight crew member. Training First Officer means a First Officer who is approved to carry out training of flight crew members as directed by the Company. URTI means upper respiratory tract infection.
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9.
INTERPRETATION
9.1. Headings and explanatory notes are inserted for convenience only and do not affect interpretation. 9.2. Where a word or phrase is defined, its other grammatical forms have a corresponding meaning. 9.3. A reference to one gender includes the other gender. 9.4. Unless stated otherwise reference to any agreement or document or attachment is to that agreement or document or attachment as amended, novated, supplemented, varied or replaced from time to time by agreement of the parties. 9.5. Unless stated otherwise reference to any legislation or any clause or provision of that legislation includes any statutory modification or re-enactment of that legislation or any statutory provision substituted therefore and any ordinances, by-laws, regulations or other statutory instruments issued there under.
10.
ANTI-DISCRIMINATION PROVISION
10.1. It is the intention of the parties to this Agreement to achieve the principal object in section 3(m) of the Act through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, marital status, family responsibilities, pregnancy, religion, political opinion, natural extraction or social origin. 10.2. Accordingly, in fulfilling their obligations under the dispute settlement procedure clause, the parties must make every endeavour to ensure that neither the provisions of this Agreement nor their operation are directly or indirectly discriminatory in their effects. 10.3. Nothing in this clause is to be taken to affect: 10.3.1. any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation; 10.3.2. an employee, company or registered organisation pursuing matters of discrimination in any State or Federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission; or 10.3.3. the exemptions in sections 659(3) and 659 (4) of the Act.
11.
SPECIAL CONDITIONS Despite anything else in this Agreement when special circumstances exist the Company may, with the agreement of the Association, utilise a flight crew member at such times and under such conditions as those circumstances require.
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PART 3 DISPUTE RESOLUTION & CONSULTATION 12. DISPUTE SETTLEMENT PROCEDURE 12.1. The flight crew member or flight crew members concerned will first discuss the matter with the relevant Fleet General Manager (or his or her representative). 12.2. If not settled in accordance with sub-clause 12.1, the flight crew member or flight crew members concerned will discuss the matter with the Group General Manager Flight Operations and Chief Pilot (or his or her representative). 12.3. If not settled in accordance with sub-clause 12.2, the matter will be submitted to a member of the Commission and a decision by the member will, subject to normal appeal rights, be final and be accepted by the parties. 12.4. The flight crew member or flight crew members concerned may elect to be represented during or from any time in this procedure by the Association at any or all stages of this process. 12.5. Until the matter is determined, work will continue as normal as directed by the Company and no party will, as a result, be prejudiced as to the final settlement of the matter. 12.6. This procedure will not apply to matters relating to a flight crew members flying proficiency or to matters of operational safety.
13. CONSULTATION 13.1. A Consultative Committee ("Committee") comprising representatives of both the Company and the Association, will be established. 13.2. The Committee will meet at regular agreed intervals to review and discuss issues relevant to the Company and flight crew members. 13.3. The purpose of establishing the Committee is to provide a mechanism and procedures in order to facilitate the efficient operation of the enterprise according to its particular needs. 13.4. Where agreement is reached between the Company and the Association through such consultative mechanisms and procedures, and where giving effect to such agreement requires this Agreement to be varied, a variation may be lodged with the Employment Advocate providing the variation has been approved pursuant to the provisions of the Act. The Agreement as varied pursuant to the provisions of the Act will be made available in writing to all crew members.
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PART 4 COMPANY & EMPLOYEES OBLIGATIONS, EMPLOYMENT RELATIONSHIP & RELATED ARRANGEMENTS
14.
CONTRACT OF EMPLOYMENT
14.1. Material to be provided to flight crew members on commencement of employment At, or before, the time that a flight crew member commences employment the Company must inform the flight crew member, in writing, of the following: 14.1.1. date of commencement; 14.1.2. category/status on appointment; 14.1.3. salary on commencement; 14.1.4. regularity of pay (eg. monthly); 14.1.5. the base to which the flight crew member has been allocated; and 14.1.6. the workplace agreement that is applicable to the flight crew members employment. 14.2. Flight crew members will carry out orders of the Company 14.2.1. A flight crew member will carry out all orders or instructions given by the Company provided that they are consistent with this Agreement. 14.2.2. Without limiting the application of sub-clause 14.2.1, a flight crew member will observe instructions and requirements contained in this Agreement and Company Manuals. The documents referred to in this sub-clause 14.2.2 must be available for flight crew members to peruse at the flight crew members base. 14.3. Exclusive Service A flight crew member must not fly an aircraft during the period of his or her employment except in the service of the Company unless the Company consents in writing. 14.4. Contactability A flight crew member will advise the Company in writing of his/her current residential address, contact telephone number and, if available and desirable, an email address.
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14.5. Work Organisation 14.5.1. The Company may establish, discontinue or re-establish a base anywhere within its network. 14.5.2. Subject to the provisions of this Agreement, a flight crew member will carry out duty in any part of the world where the Company may be operating from time to time. 14.5.3. Notwithstanding sub-clauses 14.5.1 and 14.5.2, duty by a flight crew member outside of Australia will be subject to appropriate provisions and entitlements being agreed, in advance, between the Association and the Company. 14.6. Orders to flight crew members All orders to flight crew members regarding positions, allocation to aircraft type, allocation to bases, promotion and leave of absence will be given or confirmed in writing. 14.7. Probationary periods 14.7.1. A flight crew member will be on probation for a period of up to twelve months from the date of his or her appointment with the Company or, at the Companys discretion, upon the successful completion of the flight crew members first postgraduate licence renewal, whichever occurs later. 14.7.2. The period of a flight crew members probation may be extended by any period of absence as a result of the flight crew members personal illness. 14.8. Stand-Down Provisions Notwithstanding any other clause of this Agreement, the Company is entitled to deduct payments from the pay of a flight crew member for any day on which the flight crew member cannot be usefully employed because of any strike, stoppage or any other limitation of work for which the Company cannot be held responsible subject to the following conditions: 14.8.1. If the Company intends to exercise the right conferred by this sub-clause 14.8 in respect of a flight crew member it must notify the flight crew member in advance, specifying the date or dates that it intends to commence to exercise the right. 14.8.2. Whilst notification pursuant to sub-clause 14.8.1 remains in force the flight crew member will be deemed to be stood down for the purposes of this sub-clause. 14.8.3. A flight crew member can only be stood down at his or her base. 14.8.4. Any flight crew member who is stood down under this sub-clause: (a) will be treated for all purposes (other than pay) as having continuity of service and employment, notwithstanding having been stood down;
19
(b)
may at any time whilst stood down, terminate his or her employment without notice and will be entitled to receive as soon as is practicable, all pay and allowance entitlements up to the time of termination; and will be at liberty to take other employment and in the event of a flight crew member so doing, it will constitute an acceptable reason for the flight crew member not reporting for duty from the time subsequently notified by the Company, that he or she is required for duty and/or is working out a period of notice not exceeding two (2) weeks that may be required in such other employment.
(c)
14.8.5. Any flight crew member who terminates employment under sub-clause 14.8.4(b) will, for all purposes (other than pay in lieu of notice) be treated as if the employment had been terminated by the Company without default by the flight crew member. 14.8.6. Any flight crew member who is notified in accordance with sub-clause 14.8.1 will be entitled to elect to use any annual leave entitlements (whether such entitlements are due or accruing), whilst stood down. 14.8.7. The right is reserved to the Association to refer any dispute arising from deductions from pay under this sub-clause 14.8 to the Commission. 14.9. Termination of Employment 14.9.1. Notice of termination A flight crew members employment is terminable by the Company or the flight crew member: (a) (b) by giving fourteen (14) days notice in writing during the first twelve months of employment or during any extended period of probation; by giving twenty-eight (28) days notice in writing at any time thereafter, except that if the flight crew member is over forty five (45) years old and has completed at least two (2) years of continuous service with the Company, the period of notice that must be provided by the Company under this sub-clause 14.9.1(b) will be increased by 1 week; by payment to the flight crew member of fourteen (14) days or twenty-eight (28) days pay in lieu of notice as aforesaid; or by forfeiture by the flight crew member of fourteen (14) days or twenty-eight (28) days pay in lieu of notice as aforesaid.
(c) (d)
Where a flight crew member gives notice of termination, the period of notice will begin from the date on which it is given. 14.9.2. Period of notice may be reduced or waived The period of notice to be given by the flight crew member as set out in sub-clause 14.9.1 may be reduced or waived by mutual agreement between the Company and the flight crew member.
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14.9.3. Summary dismissal 14.9.3.1. Nothing in this Agreement will derogate from the Company's right at common law to dismiss a flight crew member without notice for sufficient cause. A flight crew member who is summarily dismissed pursuant to this subclause 14.9.3 will be paid up to the date of dismissal only.
14.9.3.2.
14.9.4. Commencement of period of notice Where notice of termination is given to a flight crew member, the notice period will not commence until the flight crew member has returned to his or her base unless the flight crew member cannot be returned to base in a reasonable time period. 14.9.5. Flight crew members returned to base at Companys expense Where notice of termination is given to a flight crew member, the Company must provide the flight crew member with air travel to enable him or her to return to base before termination. 14.10. Withholding flight crew members from service 14.10.1. Notwithstanding any other clause of this Agreement, a flight crew member may be withheld from service following an aircraft accident or aircraft incident in which he or she may have been involved. A flight crew member withheld from service pursuant to sub-clause 14.10.1 will continue to receive pay as though he or she had continued to work for at least a typical bid period, pending the outcome of an investigation into such accident or incident. If the flight crew member is found to be responsible or culpable for an accident or incident and a penalty that may include suspension without pay is assessed, any monies overpaid in these circumstances will be repaid by the flight crew member as is mutually arranged or, failing a reply by the flight crew member to any proposal made by the Company for such repayment, will be deducted from the flight crew members next available earnings or from any monies due on termination of the flight crew members services.
14.10.2.
14.10.3.
14.11. Suspension from duty 14.11.1. The Company may suspend a flight crew member from duty without pay if: (a) (b) (c) the flight crew members passport or other travel documents are invalid; the flight crew members licence is suspended or withdrawn by CASA; or a flight crew member, due to his or her own negligence, is not sufficiently qualified.
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14.11.2. Sub-clause 14.11.1 will not apply in a case of licence suspension due to medical disability. 14.12. Overpayment of flight crew member 14.12.1. Where a flight crew member has been paid or advanced monies in excess of his or her entitlement under this Agreement, the overpaid monies will be returnable promptly, subject to reasonable attempts being mutually agreed, depending on the circumstances of the particular situation . 14.12.2. In any such situation, the Company will advise the flight crew member in writing of its intention to recover the monies giving such details as will satisfactorily identify the nature and extent of the overpayment involved. 14.12.3 The Company must not deduct monies from a flight crew members pay in respect of an overpayment without the flight crew members knowledge and express agreement. 14.13. Redundancy 14.13.1. Redundancy entitlement When the conditions of the Integration Award as called up in this Agreement relating to redundancy (but excluding voluntary separation) and recall from redundancy have been satisfied, the following package will apply to a flight crew member whose position becomes redundant: (a) (b) (c) three (3) weeks pay for each year of service up to and including five (5) years service, with a minimum of four (4) weeks pay; four (4) weeks pay for each completed year of service in excess of five (5) years; and pro-rata payment for each completed month of service.
The payments set out in this sub-clause 14.13.1 do not include payment in lieu of notice. 14.13.2. Company will give notice of possible redundancy Flight crew members will be given at least three (3) months notice of possible termination on account of redundancy. 14.13.3. Pay calculation For the purposes of this clause, pay means the annual salary as specified in Part 5 of this Agreement for the flight crew members status and type. A weeks pay will be calculated by dividing the annual salary by 52. 14.13.4. Maximum redundancy payment The maximum entitlement for redundancy will be ninety-five (95) weeks.
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14.13.5. Long service leave Pro-rata long service leave will be paid to flight crew members with more than twelve (12) months continuous service. For the purpose of these provisions, long service leave will be applied in accordance with the amount provided under the Companys policy on long service leave. 14.13.6. Superannuation 14.13.6.1. Payments in accordance with Superannuation Plan Rules Superannuation payments will be in accordance with the Rules of the Qantas Airways Limited Staff Superannuation Plan, plus full vesting of the Companys contributions with interest where not already applicable. 14.13.6.2. Preservation of superannuation benefits It will be necessary to comply with the Governments regulations in respect of the preservation of superannuation benefits. 14.13.7. Staff travel entitlements Flight crew members will be entitled to the benefits that apply to redundancy as outlined in the Companys Staff Travel Policy Manual that applies to flight crew members from time to time. 14.13.8. Company certificate of service A statement of service will be issued to each redundant flight crew member, indicating the flight crew members length of service and that he or she was retrenched from Qantas. This certificate can be collected from the Company on the flight crew members last day of employment. 14.13.9. Notification to Centrelink The Company will notify Centrelink as soon as possible of relevant information in respect of those flight crew members who are compulsorily retrenched and arrange visits by Centrelink to appropriate Company premises. 14.13.10. Outplacement services The Company will provide an outplacement service for all retrenched flight crew members. Full regard will be had to the qualifications, skills and experience of each flight crew member and will include a detailed work history of the flight crew member and assistance towards the preparation of a curriculum vitae. This service will include flight crew member employment opportunities existing with other airline operators within and outside Australia and other employment fitting the particular qualifications, skills and experience of the flight crew member. Where practicable, outplacement services will be provided during the period of special paid leave and before cessation of employment with the Company.
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14.13.11. Ground training opportunities 14.13.11.1. The Company will provide an administrative procedure for the consideration of alternative training or employment opportunities for flight crew members within ground staff positions. 14.13.11.2. This procedure will clearly state what qualifications and experience are necessary before retraining for a ground position would be considered. 14.13.11.3. The opportunities for retraining will be based upon the operational requirements of the Company and the availability of ground positions. 14.13.11.4. Entitlements accumulated at the time of training (e.g. superannuation, recreation leave, sick leave, long service leave) will be portable to any ground position. 14.13.11.5. For flight crew members who are allocated a ground staff position, the Company will provide pay maintenance (based on a salary at the rate of 58 hours each month for the flight crew members category and type existing immediately before cessation of employment with the Company as a flight crew member) for a period of 4 months commencing from the date the flight crew member commences work as a ground staff employee. 14.13.12. Financial counselling 14.13.12.1. All flight crew members nominated for retrenchment will be provided with a detailed estimate of their redundancy pay and superannuation entitlements, at the time of their nomination. 14.13.12.2. Flight crew members who are retrenched will have access to financial counselling. 14.13.12.3. Where practicable, financial services will be provided to the flight crew member during the period of special paid leave. 14.13.13. Welfare services The services of the Companys Employee Assistance Program will be available on request for an appropriate period to any flight crew member who is compulsorily retrenched.
15.
SENIORITY
15.1. General provisions 15.1.1. Subject to sub-clauses 15.1.4 and 15.1.5, seniority will be pursuant to the provisions of the Integration Award that have been called up in this Agreement. 15.1.2. Flight crew members who were employed under the Australian Airlines Pilots Award, 1989 as at 13 September, 1992 will hold relative seniority positions (in the
Company) in accordance with the flight crew members seniority list pursuant to the provisions of the Integration Award as called up in this Agreement as at that date. 15.1.3. Flight crew members employed after 13 September 1992 will be allocated positions pursuant to the called up provisions of the Integration Award. 15.1.4. A flight crew member transferred to non-flying duty will cease to retain seniority on the Seniority List referred to in sub-clause 15.2 unless: (a) (b) (c) clause 15.1.7 applies; the flight crew member maintains an Airline Transport Pilots Licence; or there is a written agreement between the Company and the Association that such flight crew member will retain seniority.
15.1.5. A flight crew member who is transferred to non-flying duty on account of personal illness will continue to maintain seniority whether or not he or she maintains the licence required for his or her status (except where the licence has been cancelled) until the flight crew member is able to return to flying duty or until the date of retirement for medical reasons. Where the licence of the flight crew member is cancelled, the flight crew members name will be removed from the Seniority List unless the flight crew member successfully appeals to CASA against the licence cancellation, in which case service will be regarded as having been continuous. 15.1.6. Seniority will cease from the termination of a flight crew members service with the Company or from the date on which a flight crew member accepts a permanent appointment with the Company other than as a flight crew member. A flight crew member, who has lost seniority as a result of termination of his or her employment will, if re-employed by the Company as a flight crew member, commence seniority from the date of his or her re-employment (including reemployment subsequent to medical termination) unless the re-employment constitutes reinstatement, in which case service will be deemed to be unbroken.
15.1.7.
15.1.8. A flight crew member: (a) (b) (c) Whose services were terminated as a result of the flight crew members licence being cancelled or not renewed by the Aviation Regulatory Authority; and Who received payment of a capital sum under the Loss of Licence Insurance Plan; and Who, within four (4) years following termination of employment with the Company, is medically cleared by the Aviation Regulatory Authority for the issue of an Airline Transport Pilot Licence;
may, within three (3) months from the date of being medically cleared by the Aviation Regulatory authority, apply in writing for re-employment with the Company. A flight crew member re-employed in accordance within this clause will be given the relative seniority position held on the flight crew members seniority list at the time of termination. The Company, in its absolute discretion, may reject any
25
application for re-employment and the Dispute Settlement Procedure of this Agreement will not apply to any such application. 15.2. Seniority list 15.2.1. The Company will promulgate a Seniority List (the Seniority List) showing the names of all flight crew members arranged and numbered in order of seniority. The list will show alongside each flight crew members name, the flight crew members status, seniority number and seniority date. 15.2.2. Flight crew members names will be added to the list in accordance with the provisions of the Integration Award that have been called up in this Agreement. 15.2.3. The Seniority List will be brought up to date effective 1st July and promulgated by 31st July, each year. 15.2.4. If a flight crew member believes that the Seniority List is not accurate he or she may lodge a complaint within sixty (60) days of the date of promulgation of the list in which the error or omission is alleged to have occurred. If any such objection is upheld, a revised list will be issued not later than fourteen (14) days after the day on which the objection is upheld and such list will be final and will be accepted as being correct for all purposes of this Agreement. 15.2.5. Any incorrect listing or any other discrepancy on the annual Seniority List which is not objected to under sub-clause 15.2.4 can not subsequently be the subject of an objection in any later Seniority List except that typographical and clerical errors may be corrected at any time. 15.2.6. Any objection lodged under this sub-clause will be promulgated forthwith for the information of all flight crew members. 15.3. Application of seniority 15.3.1. Without limiting any other provisions of this Agreement and provided that in each case the flight crew member is sufficiently qualified to undertake any training or duty required, seniority will be used to determine the order of selection of flight crew members for promotion, transfer to a base, transfer to and status on an aircraft type and, in the event of redundancy, selection for any consequential action considered appropriate, including termination. Where a flight crew member applies for a vacancy under this sub-clause and is considered not to be sufficiently qualified, the Company will advise the flight crew member accordingly. 15.3.2. The Company will promulgate all initial vacancies in sufficient time for written applications or letters of preference to be lodged and such vacancies will be awarded in order of seniority of sufficiently qualified flight crew members from the applications or the letters of preference on file with the Company at the closing time and date specified in the promulgation notice. If there are no applications or preferences on file, the initial vacancies will be assigned to sufficiently qualified flight crew members in reverse order of seniority. 15.3.3. Where further vacancies are created by the filling of initial vacancies, such further vacancies will be awarded in order of seniority of sufficiently qualified flight crew members from applications or letters of preference on file in the Company at the
closing time and date specified in the promulgation notice. If there are no applications or preferences on file, the further vacancies will be assigned to sufficiently qualified flight crew members in reverse order of seniority. 15.4. Letters of Preference 15.4.1. Each flight crew member will file an electronic letter of preference by completing the necessary electronic form furnished by the Company, to identify the flight crew members preference for: (a) (b) (c) a category vacancy; a base; or a temporary transfer.
15.4.2. It is a flight crew members responsibility to ensure that his or her electronic letter of preference is current at all times and a flight crew member who wishes to alter a letter of preference may do so at any time by advising the Company, in writing or by electronic updating. 15.4.3. Letters of preference will be lodged with and retained on file by the Company. Such electronic letters will be lodged with the Company directly. 15.4.4. The following procedures apply in relation to letters of preference: (a) (b) (c) (d) (e) training vacancies will be promulgated for a twelve (12) month period; electronic letters of preference will close on an advertised date and be frozen for a period of twelve (12) months; as at the closing date, vacancies for the training block will be allocated from all letters of preference held on file at that time; in order to minimise pairing training costs, training commencement dates will be decided at the Companys discretion during the training block; the Company will use its best endeavours to allocate training vacancies in seniority order in accordance with the provisions of the Integration Award that have been called up in this Agreement. If training is not allocated in seniority order, then all flight crew members senior to the most junior flight crew member trained during the training block period, must also be trained during that training block; the closing date and training block will coincide with the closing date and training block applicable to flight crew members operating under this Agreement;
(f)
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(g)
due to the unique basing structure of the B737 aircraft type, all vacancies will be advertised and the Company will publish any relevant conditions applicable to those vacancies; and if training vacancies are cancelled, the Company and the Association will consult with each other as to the appropriate method of dealing with any problems resulting from the cancellations.
(h)
15.5. Bids for specific vacancies Where a flight crew member wishes to bid for a specific vacancy he or she may submit a written application to the Company and will refer to the reference number of the promulgated vacancy. Such application will take precedence over the flight crew members letter of preference but will be effective only for that specific vacancy. 15.6. Limitations on seniority 15.6.1. Selection of a flight crew member for a Training position will be at the discretion of the Company and will not depend on seniority. 15.6.2. The Company may reject a flight crew members bid for a vacancy if the flight crew member is subject to a freeze period as set out in clause 19. 15.6.3. The Company may reject a flight crew members bid for a vacancy if the flight crew member has previously been awarded or assigned a vacancy yet to become effective. 15.6.4. A flight crew member may bid for a vacancy in a lower category but the award of the vacancy will be at the Companys discretion.
16.
PROMOTION
16.1. Status 16.1.1. The status of flight crew members will be ranked in the following descending order: (a) (b) (c) Captain; First Officer; Pilot Under Initial Training (PUIT).
16.1.2. A flight crew member who is cleared to the line on completion of initial training on a short haul aircraft will have the status of First Officer on the aircraft type to which he or she is initially allocated. 16.1.3. Flight crew members transferring within the Companys short haul operations will retain their pre-transfer short haul status until they have been cleared to the line in their new category. 16.2. Selection for training and promotion 16.2.1. Selection of a flight crew member for training and promotion beyond the category of First Officer on the aircraft type to which the flight crew member was initially
allocated will, provided the flight crew member is sufficiently qualified, be in accordance with this sub-clause 16.2 and clause 15. 16.2.2. The Company will assess the operational suitability of each flight crew member for promotional training no later than five (5) years after the flight crew member becomes operational in a category. Where the Company determines that a flight crew member does not have the operational suitability for promotional training, the flight crew members case will be referred to the Pilot Assessment Committee (PAC) as constituted under sub-clause 16.5. 16.2.3. A flight crew member will be considered sufficiently qualified to commence training for a promotional vacancy if the flight crew member: (a) (b) (c) meets CASAs licensing requirements; meets the Company promotional criteria; and is considered operationally suitable for the training.
16.2.4. If the Company decides that a flight crew member is not operationally suitable for such training, it must, within twenty-eight (28) days of making such decision, inform the flight crew member of the reasons for the decision. 16.3. Failing promotional training or failing to achieve required standard of proficiency 16.3.1. In the event that a flight crew member fails a promotional training program or an aircraft type transfer training program and is not cleared by the Company for a second training program, the flight crew members case will be referred to the PAC. 16.3.2. A flight crew member who fails to achieve the required standard of proficiency either during or at completion of a training program may be given the opportunity to: (a) revert to his or her previous category and subject to clearance by the Company or the PAC, be awarded or assigned a second training program and have the option of having the final check in that program conducted by a flight crew member other than the flight crew member who conducted the first check; or bid for and be awarded such other vacancy in his or her status for which the flight crew member is or can be qualified subject to clearance by the Company or the PAC and to be awarded or assigned a second training program and to have the option of having the final check in that program conducted by a flight crew member other than the flight crew member who conducted the first check.
(b)
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16.4. Command potential assessment 16.4.1. The Company may require a First Officer to undergo a command potential assessment, pursuant to this sub-clause 16.4, if the Company has a legitimate concern as to the flight crew members operational suitability (as referred to in sub-clause 16.2). 16.4.2. An assessment pursuant to this sub-clause 16.4 will be conducted in accordance with established criteria and/or against an agreed standard. 16.4.3. If a flight crew member fails to satisfy requirements in a command potential assessment he or she will be given suitable additional training before being required to undertake a further assessment. 16.4.4. If a flight crew member fails a further assessment, the Company may refer the matter to the PAC to consider the flight crew members operational suitability. 16.5. Pilot Assessment Committee 16.5.1. A PAC will be constituted, with a membership consisting of six (6) Training Captains Category A/B and/or Training Captains Category D employed by the Company, of which: (a) (b) (c) three (3) members will be nominated by the Company; three (3) members will be nominated by the Association; and chairmanship of the PAC will alternate between flight crew members nominated by the Company and flight crew members nominated by the Association.
16.5.2. Where the Company has not cleared a flight crew member for promotional and/or aircraft type transfer training, the PAC will assess the flight crew members flying experience, qualifications and operational suitability for such training. 16.5.3. In assessing a flight crew members suitability for promotion and/or aircraft Type transfer training, the PAC will have regard to: (a) (b) Flight training reports and Captains' Confidential Crew Reports; PAC members' personal knowledge of the particular flight crew member being assessed and/or the personal knowledge of any other Training Captain called upon to assist the PAC; The flight crew members performance over the past five (5) years and his/her earlier record where this is considered helpful; The results of any flight check conducted in accordance with the provisions of this clause 16 (Promotion); and Any written representation provided by the flight crew member before the meeting for the consideration of the PAC.
(c) (d) (e)
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16.5.4. Where the PAC is equally divided in its assessment of a flight crew member for training for promotion or aircraft type transfer, the flight crew member will be considered as approved for such training. 16.5.5. The findings of the PAC will be passed to the Group General Manager Flight Operations and Chief Pilot and will be confidential. 16.5.6. The Group General Manager Flight Operations and Chief Pilot (or his or her nominee) will brief the flight crew member as to the findings as soon as practicable and, where appropriate, arrange counselling for the flight crew member.
17.
ALLOCATION TO BASE
17.1. Company to allocate each flight crew member to a base 17.1.1. The Company will allocate each flight crew member to a base. 17.1.2. The Company will not require a flight crew member to be domiciled at or to operate from a base until all relevant terms and conditions of employment have been established. 17.2. Promulgation of vacancies 17.2.1. The Company will promulgate any vacancies at bases at least sixty (60) days before the intended date of commencement in the vacancy and, at the time of notification, must provide the following information to flight crew members: (a) (b) (c) (d) (e) the name of the base; the number of vacancies by category; the date of commencement; the relevant terms and conditions; and the closing date for bids (this must be not less than thirty (30) days after promulgation).
17.2.2. Where vacancies occur in a category at more than one base, the Company will promulgate the vacancies in order of their expected effective dates of commencement. 17.3. Transfers 17.3.1. A flight crew member who transfers from one base to another at his or her own request will bear all expenses associated with the transfer. 17.3.2. A flight crew member when transferring from one base to another at the Company's direction will be entitled to receive payment from the Company for reasonable expenses incurred for the removal of furniture, possessions and personal effects as detailed in the Qantas Staff Transfer Policy.
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17.4. Allocation procedures 17.4.1. Base vacancies will normally be allocated no later than twenty-one (21) days before the advertised effective date of commencement of the base vacancy. 17.4.2. As soon as a vacancy has been allocated, the terms and conditions applying to it will be confirmed in writing to the flight crew member to whom it has been allocated. 17.5. Rejection of bids The Company may reject a flight crew members bid for a basing if a relevant agreement limitation or restriction will affect the flight crew member as at the intended date of commencement at the new base. 17.6. Compassionate base transfer If a flight crew member requests a transfer to another base for reasons to do with personal or family health, the request will promptly be considered jointly by the Company and the Association who may mutually agree to permit the flight crew member to be awarded the next vacancy at the nominated base. 17.7. Establishment of new bases 17.7.1. Scope of clause (a) (b) The procedure set out in this clause only applies in relation to the establishment of new bases. The Company may, pursuant to this clause, establish a new base while maintaining an optimum establishment level at each of its existing bases.
17.7.2. Company may set an optimum establishment for a base The Company may: (a) (b) set an optimum establishment level for each of its existing, or any new, bases; and require that the establishment at each of its existing, or any new, bases can not fall below the optimum establishment level;
provided that the setting of an optimum establishment level will not, of itself, give the Company the right to assign flight crew members from one base to another except when a new base is being established. 17.7.3. Procedure for allocation of vacancies at new bases 17.7.3.1. The Company must: (a) advise flight crew members of its intention to establish a new base;
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(b) (c) (d)
ask flight crew members to submit expressions of interest in bidding for vacancies at any new base or bases; advise flight crew members of the number of vacancies in each category that are available at any new base; and inform flight crew members of the optimum establishment figure for each existing base and indicate how many bids for vacancies at the new base it will accept from flight crew members at each existing base.
17.7.3.2.
Flight crew members will bid for vacancies in accordance with the relevant procedures set out in this Agreement.
17.7.4. Maintenance of optimum establishment levels 17.7.4.1. For the purpose of maintaining an optimum establishment level at an existing base, the Company may in its absolute discretion restrict the number of flight crew members in that existing base to whom vacancies at a new base can be allocated. If the number of bids from flight crew members in an existing base for vacancies in a new base would, if successful, cause the existing bases establishment to fall below the optimum establishment level, the Company may refuse to accept those bids but can accept bids from more junior flight crew members in another existing base and allocate vacancies at the new base to the more junior flight crew members subject to the following: (a) if a more junior flight crew member from another existing base is allocated a vacancy in a new base, the Company will compile a list (referred to as the New Base Priority List) of the more senior crew members whose bids were not accepted and those more senior flight crew members will be given priority in seniority order for the award of any further vacancies that become available at the new base; if a more senior flight crew member subsequently rejects the award of a vacancy at the new base, his or her name will be removed from the New Base Priority List; and the New Base Priority List will only be created in relation to the initial bids of flight crew members at the time that the new base is established. Once all of the flight crew members on the New Base Priority List have transferred to the new base or elected not to transfer to the new base (or requested their name to be removed from the New Base Priority List), the New Base Priority List will cease to be of any force or effect.
17.7.4.2.
(b)
(c)
17.8. Review of terms and conditions at bases At the request of the Association or the Company, the suitability of terms and conditions attached to a base vacancy may be reviewed in the light of changed circumstances.
17.9. Temporary base transfers and permanent base swaps 17.9.1. Interpretation 17.9.1.1. Unless expressly stated otherwise in this clause, in the event of an inconsistency between this clause and the other provisions of this Agreement, the provisions of this Agreement will prevail.
17.9.2. Temporary Transfer List 17.9.2.1. The Company will create a list of all flight crew members who wish to transfer from one base to another in accordance with flight crew members letters of preference (Temporary Transfer List). The Company and the Association will administer the Temporary Transfer List in accordance with this clause: (a) (b) flight crew members will be ordered on the Temporary Transfer List in accordance with the Seniority List; all temporary base transfers and permanent base swaps will be awarded in accordance with the Temporary Transfer List and this clause; the Company will enter each flight crew members name and transfer preferences onto the Temporary Transfer List in accordance with each flight crew members electronic letter of preference; a flight crew member who wishes to transfer from one base to another must indicate, on his or her letter of preference, which base he or she would like to transfer to and whether that transfer is to be on a temporary and/or permanent basis; a flight crew member who wishes to have his or her name removed from the Temporary Transfer List or amend his or her transfer preferences must submit an amended letter of preference; and the Company will provide all flight crew members with access to the Temporary Transfer List and will ensure that it is up to date at all times.
(c)
(d)
(e)
(f)
17.9.3. Temporary Base Transfer 17.9.3.1. When a temporary vacancy (or vacancies) arises in a particular category at a particular base and no overall increase in the establishment at the base in which the vacancy exists (the Relevant Base) is required the Company will award the temporary vacancy to a flight crew member (or flight crew members) on the Temporary Transfer List who has bid for a temporary transfer vacancy (or vacancies) to the Relevant Base on a rotational basis in accordance with this clause (Temporary Base Transfer).
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17.9.3.2. 17.9.3.3.
A Temporary Base Transfer will be for a period of one bid period. To be eligible to be awarded a Temporary Base Transfer a flight crew member must be available to operate, in the Relevant Base, for the complete bid period in which the Temporary Base Transfer is to take place (e.g. the flight crew member can not have any leave, or other planned absence, during the bid period in which the temporary transfer is to take place). The Company may agree to waive this requirement at its discretion. The most senior flight crew member on the Temporary Transfer List who has bid for Temporary Base Transfer to the Relevant Base will be awarded a Temporary Base Transfer subject to the following: (a) a flight crew member who accepts a Temporary Base Transfer will be awarded the Temporary Base Transfer and will not be eligible to be awarded another Temporary Base Transfer until every flight crew member on the Temporary Transfer List who has bid for a Temporary Base Transfer to the Relevant Base has been offered an opportunity to be awarded a Temporary Base Transfer to the Relevant Base; if a flight crew member does not accept a Temporary Base Transfer the next most senior flight crew member on the Temporary Transfer List who has bid for a Temporary Base Transfer to the Relevant Base will be awarded the Temporary Base Transfer; where a flight crew member is eligible to be awarded a Temporary Base Transfer and he or she does not accept the Temporary Base Transfer he or she will not forfeit the opportunity to participate in a Temporary Base Transfer and will be offered the next available Temporary Base Transfer to the Relevant Base in the order set out in the Temporary Transfer List; and once all flight crew members with bids for a Temporary Base Transfer to the Relevant Base have been offered an opportunity to be awarded a Temporary Base Transfer to the Relevant Base the most senior flight crew member on the Temporary Transfer List who has bid for Temporary Base Transfer to the Relevant Base will be offered another opportunity to be awarded a Temporary Base Transfer.
17.9.3.4.
(b)
(c)
(d)
17.9.3.5.
Flight crew members participating in a Temporary Base Transfer will be rostered and scheduled in accordance with the Rostering Manual.
17.9.4. Permanent Base Swaps 17.9.4.1. Two Way Permanent Base Swap Where the most senior flight crew member on the Temporary Transfer List from a particular base has bid for a permanent transfer to another base and the most senior flight crew member on the Temporary Transfer List from that other base has bid for a permanent transfer to the first flight
crew members base, the Company will award a permanent transfer to both flight crew members (Permanent Base Swap)(e.g. the most senior Melbourne based flight crew member on the Temporary Transfer List who has bid for a permanent transfer to Sydney may undertake a Permanent Base Swap with the most senior Sydney based flight crew member on the Temporary Transfer List who has bid for a permanent transfer to Melbourne.) 17.9.4.2. Three Way Permanent Base Swap Where the most senior flight crew member on the Temporary Transfer List from a particular base has bid for a permanent transfer to another base, the most senior flight crew member on the Temporary Transfer List from that other base has bid for a permanent transfer to a third base and the most senior flight crew member on the Temporary Transfer List from the third base has bid for a permanent transfer to the first flight crew members base, the Company will award a permanent transfer to the flight crew members (Permanent Base Swap)(e.g. the most senior Sydney based flight crew member on the Temporary Transfer List who has bid for a permanent transfer to Brisbane may undertake a Permanent Base Swap with the most senior Brisbane based flight crew member on the Temporary Transfer List who has bid for a permanent transfer to Melbourne and the most senior Melbourne based flight crew member on the Temporary Transfer List who has bid for a permanent transfer to Sydney.) 17.9.4.3. The Company will monitor the Temporary Transfer List and where the circumstances set out in clause 17.9.3.1 or 17.9.3.2 are met, it will inform the flight crew members that their bids for a Permanent Base Swap have been successful. A Permanent Base Swap will take effect from the first day of the second complete bid period following the bid period in which the Permanent Base Swap was awarded (i.e. flight crew members awarded a Permanent Base Swap in January will be notified during January and the Permanent Base Swap will be effective on the first day of the March bid period (the transfer date). The transfer date may be varied by mutual agreement of both flight crew members and the Company. Flight crew members can only participate in a Permanent Base Swap with flight crew members of the same category. A flight crew member who had been allocated a promotional vacancy or a vacancy on another aircraft type that will take effect in the training block in which the Permanent Base Swap will be effective is not eligible to participate in a Permanent Base Swap. Flight crew members who have undertaken a Permanent Base Swap will be rostered and scheduled in accordance with the Rostering Manual.
17.9.4.4.
17.9.4.5. 17.9.4.6. 17.9.4.7.
17.9.4.8.
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17.9.4.9.
In the event that the Company awards Temporary Base Transfers to a particular base for more than three consecutive bid periods the Company and the Association will meet and review the establishment in that base.
18.
ALLOCATION TO AIRCRAFT TYPE
18.1. Method of Allocation 18.1.1. Subject to the terms of the Integration Award that have been called up in this Agreement and without limiting any other provisions of this Agreement, where a vacancy for a flight crew member occurs, it will be awarded or assigned in accordance with clause 15 (Seniority). 18.1.2. A flight crew member awarded or assigned a vacancy which involves a type endorsement may, at the Company's option, be required to remain on the new type for a period of time as specified in clause 19 (Freeze periods). 18.2. Reduction in the number of flight crew members at a base 18.2.1. If the Company anticipates or foreshadows a reduction in the number of flight crew members in a category at a base it will consult the Association in a timely manner and promulgate the following information: (a) (b) (c) (d) (e) the reason/s for the anticipated reduction; the category concerned and the reduced number of flight crew members required; the date/s from which the reduction/s will be effective; names and seniority numbers of flight crew members in the particular category; and bases where vacancies in the category exist or will next be available.
18.2.2. Any resulting reduction will be effected in reverse order of seniority of flight crew members in the category, except that a more senior flight crew member in the category may elect in writing to discontinue his or her allocation and that in any event such a flight crew member may, subject to clause 16 (Promotion), exercise seniority to bid for any category vacancy.
19.
FREEZE PERIODS
19.1. Training vacancies Notwithstanding clause 12(b)(iii) in the Integration Award as called up in this Agreement, a flight crew member awarded a training vacancy where the training involves an aircraft type transfer will be subject to a common freeze period that will average two and a half (2) years (i.e. the flight crew member may be required to operate on that aircraft type for the duration of two (2) training blocks following the training block in which the vacancy was promulgated), subject to this clause 19.
19.2. Flight crew members initial command The freeze period under sub-clause 19.1 will be reduced to eighteen (18) months (measured from when the flight crew member successfully completes training for the vacancy) where the crew members next allocated vacancy is his or her first allocation of a Captain vacancy. 19.3. Flight crew member assigned a vacancy A flight crew member who is assigned a vacancy may be required to operate on the aircraft type for which the vacancy was created for eighteen (18) months measured from the date that the crew member successfully completes training (i.e. cleared to the line).
20.
TRANSFER OF SHORT HAUL FLIGHT CREW MEMBERS TO LONG HAUL OPERATIONS
20.1. Definition of long haul and short haul aircraft 20.1.1. The term long haul aircraft refers to the following types of aircraft as operated by Qantas: (a) (b) (c) (d) Boeing 747-400 (B744); Boeing 747-300 (B747); Airbus A330 (A330); and Boeing 767 (B767).
20.1.2. The term short haul aircraft refers to the following types of aircraft as operated by the Company: (a) Boeing 737 (B737).
20.2. Order of allocation of vacancies on long haul aircraft 20.2.1. Vacancies on long haul aircraft will be awarded in the following order: (a) to flight crew members employed before 14 September 1992 in Qantas long haul operations (long haul flight crew members) in order of their seniority according to the Seniority List; to flight crew members employed before 14 September 1992 by Australian Airlines Limited (short haul flight crew members)in order of their seniority according to the Seniority List; to all flight crew members employed by Qantas on or after 14 September 1992 in short haul and long haul operations in order of their seniority according to the Seniority List.
(b)
(c)
20.2.2. If insufficient bids are received from long haul flight crew members and short haul flight crew members, vacancies will be assigned to flight crew members employed by Qantas on or after 14 September 1992 in reverse order of their seniority according to the Seniority List.
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20.3. Ranking of a flight crew members status on aircraft type The category of a flight crew member means the flight crew members status according to a particular aircraft type. Categories shall rank in the following descending order: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) B744 Captain; B747 Captain; A330 Captain; B767 Captain; B737 Captain; B744 First Officer; B747 First Officer; A330 First Officer; B767 First Officer; B737 First Officer; B744 Second Officer; B747 Second Officer; A330 Second Officer.
20.4. Bidding for vacancies in a lower category A short haul flight crew member may bid for a vacancy in a lower category but the award of such vacancy shall be at the discretion of the Company. 20.5. Pay and conditions during transitional training 20.5.1. Whilst undergoing transitional training at the commencement of the transfer and until cleared to the line on the long haul aircraft in the category for which the vacancy was created, the following conditions apply; (a) the transfer of the flight crew member to long haul operations is deemed to have commenced from the first day of commencing transitional training for the vacancy awarded on the long haul aircraft type; whilst undergoing transitional training, the following specific short haul provisions continue to apply until cleared to the line on the long haul aircraft, in the category for which the vacancy was created: (i) (ii) (c) Section 5 Pay and Related Matters Section 7 Leave Entitlements;
(b)
salary for superannuation purposes in accordance with the applicable division of the Qantas Superannuation Plan for the Short Haul aircraft type operated by the flight crew member before the transfer.
But, in all other respects, the Qantas Airways Limited Flight Crew (Long Haul) Certified Agreement 2005-2006 or any successor (the Applicable Long Haul Agreement), as varied, will apply during transitional training to long haul operations. 20.5.2. Once cleared to the line on the long haul aircraft in the category for which the vacancy was created, a transferred short haul flight crew member will be entitled to:
39
(a)
pay calculated in accordance with the Applicable Long Haul Agreement and based on total years of service as a flight crew member since the flight crew members most recent date of appointment with Australian Airlines Limited or Qantas; salary for superannuation purposes in accordance with the applicable division of the Qantas Superannuation Plan for the long haul aircraft type for which the vacancy was created and which the transferred flight crew member operates; all other entitlements in accordance with the Applicable Long Haul Agreement.
(b)
(c)
20.5.3. Whilst undergoing transitional training at the end of the transfer to qualify for a return to short haul operations and until cleared to the line, a transferred flight crew member will be entitled to: (a) (b) pay and salary for superannuation purposes in accordance with the Applicable Long Haul Agreement; all other entitlements in accordance with the Applicable Long Haul Agreement except that once a transferred short haul flight crew member undertakes actual in-flight training (as opposed to ground training), he or she will be entitled to all meals and accommodation allowances, duty travel and DTA calculated in accordance with the relevant provisions of this Agreement.
20.5.4. Once cleared to the line for a return to short haul operations, a transferred short haul flight crew member will be released from the transfer and will be entitled to pay and all other entitlements in accordance with this Agreement, and salary for superannuation purposes in accordance with the applicable division of the Qantas Superannuation Plan for the Short haul aircraft type that the flight crew member operates. 20.5.5. Details of pay and entitlements for transferred short haul flight crew members shall be provided to them by Qantas upon request. 20.6. Failure to qualify on long haul aircraft 20.6.1. If a transferred First Officer fails to qualify on the long haul aircraft type in the category for which the vacancy was created, the following shall apply; (a) if the failure was the flight crew members first attempt at transitional training, the flight crew member may be required to operate as a Second Officer before being cleared for a second attempt at transitional training. In such case the flight crew member will be subject to a freeze period on type of eighteen months calculated from the date of clearance to the line as a Second Officer or the date the flight crew members training was terminated in the case of a flight crew member who is required to undergo training for flight engineer relief duties. A First Officer who has failed First Officer endorsement in long haul may return to short haul as a First Officer provided the Company Aircrew Assessment Committee (CAAC) operationally clears him or her at the end of this freeze period. if the First Officer is allocated a second attempt at First Officer training in long haul this may take place when the CAAC clears the flight crew member. If the
40
(b)
flight crew member fails twice in long haul then his or her status within long haul may be at the discretion of the Company, however the flight crew member shall have the opportunity of qualifying in short haul at the completion of the freeze period in clause 19.1 provided he or she is operationally cleared by the Company. 20.6.2. A flight crew member who has not been cleared for a second attempt at transitional training or a flight crew member who has not been cleared for return to short haul following a second failure in long haul may request his or her case be referred to a PAC. 20.7. Continuity of Service 20.7.1. All flight crew members transferred to Qantas long haul operations shall have the period of their transfer in long haul operations counted as continuous service with Qantas for the purposes of all relevant short haul and long haul entitlements and for all benefits as though the flight crew member had not been transferred, except where the provisions of the Integration Award that have been called up in this Agreement may apply. 20.8. Command Training 20.8.1. In the event a flight crew member employed before 14 September 1994 by Australian Airlines Limited is allocated a command vacancy in long haul a training path as prescribed by the General Manager Flight Operations Training (GMFOT) will be followed.
21. CONDITIONS GOVERNING TRAINING CAPTAINS CATEGORY A,B, D AND E AND TRAINING FIRST OFFICERS 21.1. Conditions Governing Training Captains Category A/B The following sub-clause 21.1 sets out the conditions of employment that apply to flight crew members appointed as Training Captains Category A/B. If there is any inconsistency between this sub-clause of the Agreement and another clause of the Agreement, this sub-clause prevails. 21.1.1. Appointment and tenure 21.1.1.1. Initial term of appointment Subject to sub-clauses 21.1.4 and 21.1.5 relating to, respectively, redundancy and operational suitability, the appointment of a flight crew member to the position of Training Captain A/B under this sub-clause is at the sole discretion of the GMFOT, and the initial term is as follows: (a) with respect to the appointment of a flight crew member to the position of Training Captain A/B where that flight crew member has not previously been appointed as a Training Captain A/B, the initial term of appointment is for a period of three (3) years; and
41
(b)
with respect to the appointment of a flight crew member to the position of Training Captain A/B where the flight crew member is a previously appointed Training Captain A/B, the initial term of appointment is for the period specified in their letters of appointment;
provided that in special circumstances, and upon written request by a flight crew member, the Company may agree to release the flight crew member from the position of Training Captain A/B before the expiration of the Training Captain A/Bs term of appointment; 21.1.1.2. Renewal of appointment (a) At the expiry of the term of appointment of a flight crew member to the position of Training Captain A/B under this sub-clause, and at the sole discretion of the GMFOT, the appointment may be renewed on terms agreed between the Company and the Association. At least sixty (60) days before the expiration of the term of appointment, the GMFOT will notify the flight crew member in writing as to whether the appointment will be renewed. If the GMFOT decides not to renew a flight crew members appointment as a Training Captain A/B, the flight crew member will return to line flying at the expiry of the term and will be paid the appropriate rate of remuneration for a line flight crew member. A flight crew member not wishing to be reconsidered for reappointment as a Training Captain A/B will notify the GMFOT in writing at least three (3) months before the expiration of the term of appointment.
(b)
(c)
(d)
21.1.2. Redundancy of Training Captain A/Bs In the event of redundancy in the Flight Training Department on a particular aircraft type, the Company will give six (6) months notice of its intention to return a Training Captain A/B to line duties or pay a Training Captain A/B salary to the Training Captain A/B as minimum pay for six (6) months in lieu of notice. 21.1.3. Operational suitability If the GMFOT decides that the performance of a Training Captain A/B is such that the flight crew member is not operationally suitable as a Training Captain A/B, the Training Captain A/B may be returned to line duties after receiving three (3) months notice in writing of the GMFOTs decision (with reasons for the decision given). 21.1.4. A Training Captain A/B has the status of a supervisory flight crew member A Training Captain A/B is considered to be a supervisory flight crew member for matters relevant to supervisory flight crew members in the Companys Corporate Policy and Procedures Manual.
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21.1.5. Training Captain A/B Duties A Training Captain A/B is required to undertake the following duties: (a) (b) (c) (d) (e) (f) training and checking duties in simulators; training and checking duties in aircraft; line flying in aircraft; conducting training courses; attending Company and industry meetings; and other duties as required by the Manager Training B737.
21.1.6. Rostering Rostering for Training Captains Category A/B will be as specified in the Rostering Manual. Notwithstanding the provisions of the Rostering Manual, Training Captains Category A/B will receive twelve (12) X days and at least one (1) MD day per bid period.
21.1.7. Line Flying Duties 21.1.7.1. At the time of roster allocation each bid period, a minimum of six (6) days line flying each month will be rostered for each Training Captain A/B, subject to sub-clauses 21.1.7.2 and 21.1.7.3. If, after the beginning of each bid period, unforeseen checking or training requirements arise, the number of days of line flying for each Training Captain A/B may be reduced, but not below 4 each month, unless subclause 21.1.7.3 applies. Despite sub-clauses 21.1.7.1 and 21.1.7.2, the number of days of line flying each month for a Training Captain A/B may, with the agreement of the Training Captain A/B, be reduced below four (4).
21.1.7.2.
21.1.7.3.
21.1.8. Salary 21.1.8.1. The hourly pay rate for a Training Captain A/B will be as prescribed in this Agreement. The salary package may be further enhanced by a performance-based payment at the sole discretion of the Company. A Training Captain A/Bs annual salary, paid in twelve (12) monthly amounts, will consist of the following elements; (a) (b) (c) six-hundred- and ninety six (696) hours at the Captains applicable hourly rate in this Agreement; an additional sixty-six (66) hours (calculated at the Captains applicable hourly rate) as a supervisory allowance; (iii) a training allowance of two hundred and forty (240) hours each year at the Captains applicable hourly rate;
21.1.8.2.
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(d)
a monthly top up amount will also be paid, equivalent to the average of the top 50% of active Training Captains Category D hours earned in excess of seventy-eight (78) hours that bid period or actual hours flown in excess of seventy eight (78) hours for the bid period by the Training Captain A/Bs whichever is the greater, at the applicable hourly rate in this Agreement.
21.1.8.3.
The minimum guarantee pay for leave purposes is clauses 21.1.8.2 (a), (b) and (c) above, pro rated for the applicable leave period.
21.1.9. Additional Pay 21.1.9.1. A Training Captain A/B who undertakes simulator or flying duties on a rostered X day will be paid credited hours as in this Agreement at the applicable line flight crew members hourly rate. A Training Captain A/B who undertakes simulator or flying duties on a MD day will be paid credited hours as in this Agreement at the applicable line flight crew members hourly rate but payment for such duties on a MD day is limited to one occasion each month.
21.1.9.2.
21.1.10. Daily Travelling Allowance Daily Travelling Allowance will be paid based on the actual flying duties performed each month, with a minimum of $7,573.70, referenced to Table 3 of the ATO reasonable travel and meal allowance expense amounts (effective from 1 September 2007 the rate is $5.81 per hour) and amended annually as per current practice. 21.1.11. Superannuation Superannuation contributions and entitlements will be in accordance with the Trust Deed and Rules of the Qantas Airways Limited Staff Superannuation Plan, plus the 10% Supervisory Allowance. 21.1.12. Motor Vehicle A Training Captain A/B appointed pursuant to this sub-clause may elect to salary sacrifice for a fully maintained leased vehicle including petrol in accordance with relevant Company policies and procedures, paid for at the price representing the actual cost to the Company of providing the vehicle. A Training Captain A/B who returns to line flying, may elect to continue the salary sacrifice arrangement entered into under the Training Captain A/B appointment until the end of the applicable lease period.
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21.1.13. Rotating Back to the Line Training Captains Category A/B 21.1.13.1. The purpose of this clause 21.1.14 is to allow the Company to rotate Training Captains to the line during their appointment as Training Captains and to allow a degree of flexibility to ensure that the correct number of Training Captains are available for Training and Checking duties throughout the year. 21.1.13.2. Despite the provisions of clause 21.1.7, each Training Captain may be rostered additional line flying of up to three (3) short haul bid periods per calendar year (the additional line flying period). 21.1.13.3. During the additional line flying period, the Training Captain will be paid as if the Training Captain was a line pilot and the provisions of clause 21.1.8. 2 (b), (c) and (d) and 21.1.8.3 and will not apply to the Training Captain. 21.1.13.4. During the additional line flying period, a Training Captain will only be required to rotate for one bid period at a time to ensure that standards relating to Simulator training recency and proficiency are maintained and the reduction in a Training Captains salary is minimised. 21.1.13.5. During the period that the Training Captain rotates to the line the provisions of this Agreement and the Rostering Manual will apply to the Training Captain as if the Training Captain was performing duties as a line Captain. 21.1.13.6. All Training Captains will be allocated a line Preferential Sequence Number (PSN) for the purpose of bidding for days off and flying duties during their rotation back to line flying duties. This number will continue to rotate on the Preferential Sequence Number List irrespective of whether the Training Captain is flying the line for that entire bid period or not. The PSN will be annotated with an R if a Training Captain is due to rotate to the line so that line Captains can bid accordingly. The method of adding Training Captains to the PSN is to be determined by mutual agreement with the Association. In accordance with the rules applying to line Captains, each Training Captains PSN will be frozen on the list when a Training Captain is on annual or long service leave. 21.1.13.7. The decision to rotate Training Captains to line duties for a bid period will be at the sole discretion of the Manager Training B737. It is not the intention to use a Training Captain to conduct Category A, B or D Training Captain Duties during rotation to the line. However, in the unlikely event that a Training Captain is asked to act in his/her capacity as a Training Captain whilst on rotation to the line, then he/she will be paid the greater of their actual line Captains pay or their projected line Captains pay or their Training Captains pay (including top up) for that bid period. In addition to this, he/she will be rostered for days off and one MD day pursuant to the provisions of the Rostering Manual for that bid period. Any training conducted by a Training Captain whilst
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rotating to the line will be by mutual agreement between the Company and the Training Captain. 21.1.13.8. The number of Training Captains rotating in any given period may vary depending on Company training requirements. 21.1.13.9. If there is a Company requirement to rotate one or more Training Captains to the line for a bid period, then the Manager Training B737 will: (a) (b) assign, in reverse order of datal seniority, the required number of Training Captains to line flying duties starting at the most junior; in subsequent bid periods those Training Captains who had not previously conducted a full bid period of line flying and, who have not been assigned leave within that bid period will be the next rotated. (Note: if only a percentage of Training Captains are required to rotate, then the remaining Training Captains who did not rotate, will be required to rotate next until the whole group has completed a full rotation. 21.1.13.10. A Training Captain may volunteer to take one bid periods additional leave in lieu of rotating and will be considered to have rotated. Allocation of additional leave will be subject to availability and will be treated as ad-hoc leave in terms of the administrative process. A Training Captain who takes sick leave whilst rotating, will be paid for personal/sick leave according to conditions as outlined in clause 27 of this Agreement pertaining to line crew. Notwithstanding this clause, a Training Captain who is forced to take personal/sick leave prior to or immediately following a period of rotation and where some portion of that personal/sick leave is taken whilst rotating, only that portion will be paid at the rates outlined above. The remainder of the personal/sick leave will be paid under Training Captains rates and conditions. Clause 21.1.11 relating to Superannuation and clause 21.1.12 relating to Salary Sacrifice for a motor vehicle will not be affected by rotating to the line.
21.1.13.11.
21.1.13.12.
21.2. Conditions Governing Training Captains Category D The following sub-clause 21.2 sets out conditions of employment that apply to flight crew members appointed as Training Captains Category D. If there is any inconsistency between this sub-clause of the Agreement and another clause of the Agreement, this sub-clause prevails.
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21.2.1. Appointment and Tenure 21.2.1.1. Initial term of appointment Subject to clauses 21.2.3 and 21.2.4 of this sub-clause relating to, respectively, redundancy and operational suitability, the appointment of a flight crew member to the position of Training Captain Category D under this sub-clause is at the sole discretion of the GMFOT. The initial term of appointment for a Training Captain Category D will be two (2) years. 21.2.1.2. Renewal of appointment (a) At the expiry of the term of appointment of a flight crew member to the position of Training Captain Category D under this sub-clause, and at the sole discretion of the GMFOT, the appointment may be renewed for a period of not less than twelve (12) months. At least sixty (60) days before the expiration of the term of appointment, the GMFOT will notify the flight crew member in writing as to whether the appointment will be renewed. If the GMFOT decides not to renew a flight crew members appointment as a Training Captain Category D, the flight crew member will return to line flying at the expiry of the term and will be paid the appropriate rate of remuneration for a line flight crew member. A flight crew member not wishing to be reconsidered for reappointment as a Training Captain Category D will notify the GMFOT in writing at least three (3) months before the expiration of the term of appointment.
(b)
(c)
(d)
21.2.2. Redundancy In the event of redundancy in the Flight Training Department on a particular aircraft type, the Company will give three (3) months notice of its intention to return a Training Captain Category D to line duties or pay a Training Captain Category D salary to the Training Captain Category D as minimum pay for three (3) months in lieu of notice. 21.2.3. Operational suitability If the GMFOT decides that the performance of a Training Captain Category D is such that the flight crew member is not operationally suitable as a Training Captain Category D, the Training Captain Category D may be returned to line duties after receiving three (3) months' notice in writing of the GMFOT's decision (with reasons for the decision given).
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21.2.4. Training Captain Category D Duties A Training Captain Category D is required to undertake the following duties: (a) (b) (c) (d) training and checking duties in aircraft; line flying in aircraft; attendance at Company and industry meetings; and other duties as required by the Manager Training on type.
21.2.5. Rostering Rostering for Training Captains Category D will be as specified in the Rostering Manual. 21.2.6. Salary 21.2.6.1. 21.2.6.2. The hourly rate for a Training Captain Category D will be as prescribed in this Agreement. A Training Captain Category Ds annual salary, paid in twelve (12) monthly amounts, will consist of the following elements: (a) (b) (c) (d) six-hundred and ninety six (696) hours at the Captains hourly rate applicable in this Agreement; an additional sixty-six (66) hours (calculated at the Captains applicable hourly rate) as a Checking Allowance; a training allowance of two hundred and forty (240) hours each year at the Captains applicable hourly rate; payment at the Captains applicable hourly rate for any hour or part hour of flying duties performed in excess of seventy eight (78) hours in any given bid period.
21.2.6.3.
21.2.7. Annual leave All applications for annual leave for Training Captains Category D will be determined by the Company in accordance with the annual leave provisions in clause 38 of this Agreement. Any determination of a Training Captain Category D's application for annual leave will take into account the leave planning requirements of the Company's training section, but no line flight crew members entitlement to annual leave will be adversely affected by the allocation of annual leave to a Training Captain Category D.
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21.2.8. Other entitlements All entitlements for Training Captains Category D, other than those specified in this sub-clause 21.2 are contained in this Agreement. 21.3. Conditions Governing Training Captain Category E A line Captain appointed as a Category E Training Captain will be paid a provision of 8.5% for the period of the appointment. Such an appointment will be for a minimum of one bid period and is at the discretion of the GMFOT. 21.4. Conditions governing Training First Officers The following sub-clause 21.4 sets out conditions of employment applying to flight crew members appointed as Training First Officers (TFO). If there is any inconsistency between this sub-clause of the Agreement and another clause of the Agreement, this subclause prevails. 21.4.1. Appointment and Tenure 21.4.1.1. Initial term of appointment Subject to clauses 21.4.3 and 21.4.4 of this sub-clause relating to, respectively, redundancy and operational suitability, the appointment of a flight crew member to the position of TFO under this sub-clause is at the sole discretion of the GMFOT. 21.4.1.2. Termination of appointment (a) If the GMFOT decides to terminate a flight crew members appointment as a TFO the GMFOT will give the flight crew member sixty (60) days notice in writing of his or her decision to terminate the Flight Crew members appointment as a TFO. A TFO who wishes to terminate his or her appointment will give the GMFOT at least sixty (60) days notice in writing of his or her decision to terminate his or her appointment as a TFO. A flight crew member whos appointment as a TFO terminates will return to line flying and will be paid the appropriate rate of remuneration for the line flight crew members category.
(b)
(c)
21.4.2. Redundancy In the event of redundancy in the Flight Training Department on a particular aircraft type, the Company will give sixty (60) days notice of its intention to return a TFO to line duties or pay a TFOs salary to the TFO, as minimum pay, for sixty (60) days in lieu of notice. 21.4.3. Operational suitability If the GMFOT decides that the performance of a TFO is such that the flight crew member is not operationally suitable as a TFO, the TFO may be returned to line
duties after receiving three (3) months' notice in writing of the GMFOT's decision (with reasons for the decision given). 21.4.4. TFO Duties A TFO is required to undertake the following duties: (a) (b) (c) (d) (e) training in the flight simulator; line flying in aircraft; conducting training courses; attending Company and industry meetings; and other duties as required by the Manager Training on type.
21.4.5. Rostering Rostering for TFOs will be as specified in the Rostering Manual. 21.4.6. Salary 21.4.6.1. 21.4.6.2. The hourly rate for a TFO will be as prescribed in this Agreement. A TFOs annual salary, paid in twelve (12) monthly amounts, will consist of the following elements: (a) (b) (c) (d) six-hundred and ninety six (696) hours at the First Officers hourly rate applicable in this Agreement; an additional sixty-six (66) hours (calculated at the First Officers applicable hourly rate) as a TFO allowance; a training allowance of two hundred and forty (240) hours each year at the First Officers applicable hourly rate; a monthly top up amount will also be paid, equivalent to the average of all First Officer hours earned in excess of seventy-eight (78) hours that bid period in the TFOs base, at the First Officers applicable hourly rate.
21.4.6.3.
21.4.7. Additional Pay A TFO who undertakes a duty on a rostered X day will be paid as in this Agreement at the First Officers applicable hourly rate and will be provided with a replacement X day in the current bid period or at a time nominated by the TFO.
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21.4.8. Daily Travelling Allowance Daily Travelling Allowance will be paid based on the actual flying duties performed each month, with a minimum of $ 6,439.53 annually, referenced to $4.94 (effective from 1 September 2007) each hour as per the Agreement, and further adjusted for future increases of Daily Travelling Allowance in the Agreement and amended anually as per current practice. 21.4.9. Annual leave All applications for annual leave for TFO's will be determined by the Company in accordance with the annual leave provisions in clause 38 of this Agreement. Any determination of a TFO's application for annual leave will take into account the leave planning requirements of the Company's training section, but no line flight crew members entitlement to annual leave will be adversely affected by the allocation of annual leave to a TFO. 21.4.10. Other entitlements All entitlements for TFOs, other than those specified in this sub-clause 21.4, are contained in this Agreement.
22.
SUPPLY OF AGREEMENT
22.1 Company to supply copy of this Agreement The Company must provide: (a) a printed copy (or an electronic copy on request) of this Agreement to each flight crew member covered by this Agreement soon after the date of operation of the Agreement; printed copies of all amendments to this Agreement to each flight crew member covered by this Agreement promptly after the amendments are made; and a copy of the Agreement and existing amendments to it, to each new flight crew member covered by this Agreement on the flight crew members day of commencement in employment.
(b) (c)
23
ACCESS TO PERSONAL RECORDS
23.1 Flight crew member may inspect his or her personal file The Company will, when requested by a flight crew member, permit that flight crew member to inspect his or her personal file and employment record during normal office hours and at a mutually agreed time.
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23.2 Flight crew member to have access to adverse material placed on personal file and may require that his or her response to the material be placed on his or her personal file If any adverse comment or material is to be written about a flight crew member or a flight crew members proficiency or placed on a flight crew members personal file or employment record at any time, the Company will notify the flight crew member, and provide him or her with a copy of such comment or material and the flight crew member will have the right to place on file any written comment relating to the matter.
24
LOSS OF LICENCE INSURANCE For Loss of Licence insurance and insurance against death, the Company will provide benefits as specified in the Qantas Loss of Licence Insurance Policy (see Appendix B) or any other policy that may replace it during this Agreement. In addition, the Company will, from 1 January 2005 provide the following improvements to the Qantas Loss of Licence Insurance Policy;
24.1 Increase Schedule A Capital Benefits Schedule A Capital Benefits will be increased by 20%, implemented in two equal increments (with the first increment applying on and from 1 January 2005 and the second increment applying on and from 1 January 2006). The annual indexation of capital benefits under the Policy will continue except that the normal indexation calculation that commences on 1 November 2005 will not apply. 24.2. Defer the tapering of Schedule A Capital Benefits The tapering of Schedule A Capital Benefits will be deferred so that tapering commences from age 55 through to age 60, rather than commencing from age 50 through to age 60. The new figures arising from the deferral will be increased in accordance with clause 24.1 above as set out in the following table; Table of Tapering Schedule A Capital Benefits incorporating increases effective from 1 January 2005 Effective 01.01.05 $629,707 $629,707 $629,707 $629,707 $629,707 $629,707 $380,000
Age 49 50 51 52 53 54 55
Current $572,461 $452,153 $422,743 $393,329 $296,028 $266,656 $237,282
Effective 01.01.06 $692,678 $692,678 $692,678 $692,678 $692,678 $692,678 $418,000
Effective 01.01.07 $719,692 $719,692 $719,692 $719,692 $719,692 $719,692 $434,302
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56 57 58 59 60
$201,775 $181,675 $174,409 $145,340 $10,000
$305,000 $250,000 $190,000 $145,340* $10,000
$335,500 $275,000 $209,000 $159,874* $11,000
$348,585 $285,725 $219,265 $166,109* $0.00
*The figure at age 59 has been held constant (and is not a linear tapering) to avoid
disadvantage to that age group.
25
PILOT INDEMNITY AND RELEASE
25.1 The Company indemnifies and will keep each flight crew member indemnified against all claims and demands whether made during or after the period of the flight crew members employment by any other employee of the Company, by any passenger on any aircraft operated by the Company or by any other person whatsoever (and including in each case any claim or demand by the legal personal representative of any such person) for any loss, damage or expense incurred or suffered by any such person as a result of: (a) (b) the loss of or any damage to any property of any person (whether or not the person making the claim); and the death of or any injury to any person (whether or not the person making the claim);
caused or contributed to by any act or omission of the flight crew member while engaged in the performance of the duties of the flight crew members employment. 25.2. The Company releases and discharges each flight crew member from all claims and demands the Company may have whether during or after the period of the flight crew members employment for any loss, damage or expense incurred or suffered and any other sum otherwise payable by the Company as a result of: (a) (b) the loss of or any damage to any property of the Company; or any claim made or proceedings brought against the flight crew member or the Company of the kind described in sub-clause 25.1;
caused or contributed to by any act or omission of the flight crew member while engaged in the performance of the duties of the flight crew members employment. 25.3. The releases and indemnity given by the Company to each flight crew member under subclauses 25.1 and 25.2 do not extend to any claim arising from the loss of or damage to any property or the death of or injury to any person caused wilfully by the flight crew member unless necessitated by circumstances reasonably beyond the control of the flight crew member. The benefit of the releases and indemnity given by the Company to each flight crew member under sub-clauses 25.1 and 25.2 extends to the legal personal representative of the flight crew member and each beneficiary of the flight crew members estate.
25.4.
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PART 5 PAY & RELATED MATTERS 26. PAY
26.1. Cash Payment on Lodgement Effective the first full pay period after lodgement of this Agreement, the following cash payments will be paid by the Company; (a) Captains employed and cleared to the line as at 1 September 2007 payment of $18,783.20 less applicable tax; will receive a
(b) First Officers employed and cleared to the line as at 1 September 2007 will receive a payment of $11,082.15 less applicable tax. 26.2. Annual Salary and Incremental Pay Scale for Captains 26.2.1. Annual salary for all Captains will be based on a minimum guaranteed hours of fifty eight (58) hours each bid period. 26.2.2 Effective 1 September 2007, an incremental pay scale for Captains will be introduced based on years in rank as shown in the table below. The anniversary date for years in rank will be the date a flight crew member is cleared to the line as a Captain. Year 1 in rank will be based on Year 4 less 7.5%. Year 2 in rank will be based on Year 4 less 5.0%. Year 3 in rank will be based on Year 4 less 2.5%.
26.2.3. All current Captains and all future Captains commencing or allocated training in the 2007/2008 training year will be paid at the Year 4 rate. 26.2.4. All Captains allocated training in the 2008/2009 training year, and in subsequent training years, will be paid at the Year 1 rate in their first year and pursuant to the rates set out in the following table for the following years; Based on 696 hrs 1-Sep-07 1-Sep-08 1-Sep-09 1-Sep-10 1-Sep-11 Years in Rank Year 2 Year 3 $ 161,053.59 $ 165,885.20 $ 170,861.76 $ 175,987.61 $ 165,291.84 $ 170,250.60 $ 175,358.12 $ 180,618.86
Year 1 $ 156,815.34 $ 161,519.80 $ 166,365.39 $ 171,356.35
Year 4 $ 164,592.33 $ 169,530.10 $ 174,616.01 $ 179,854.48 $ 185,250.12
26.3. Annual Salary and Incremental Pay Scale for First Officers 26.3.1. Annual salaries for all First Officers will be based on a minimum guaranteed hours of fifty eight (58) hours each bid period.
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26.3.2. From 1 September 2007, an incremental pay scale will apply to First Officers based on years of rank and calculated with reference to Captains annual salaries as follows and shown in the table below; From 1 September 2007, Year 1 in rank is equivalent to 64% of a Year 1 Captains salary as set out in 26.2 above; From 1 September 2008, Year 2 in rank is equivalent to 64% of a Year 2 Captains salary as set out in 26.2 above; From 1 September 2009, Year 3 in rank is equivalent to 64% of a Year 3 Captains salary as set out in 26.2 above; From 1 September 2010, Year 4 in rank is equivalent to 64% of a Year 4 Captains salary as set out in 26.2 above. 26.3.3. All current and all future First Officers will be paid according to their years in rank. 26.3.4. The incremental pay scale includes all salary increases as set out in clause 26.4 of this Agreement and is as follows; Based on 696 hrs 1-Sep-07 1-Sep-08 1-Sep-09 1-Sep-10 1-Sep-11 Years in Rank Year 2 Year 3 $ 97,438.66 $ 97,438.66 $ 103,074.29 $ 103,074.29 $ 106,166.53 $ 108,960.39 $ 109,351.53 $ 112,229.19 $ 112,632.07 $ 115,596.07
Year 1 $ 97,438.66 $ 100,361.81 $ 103,372.67 $ 106,473.85 $ 109,668.06
Year 4 $ 97,438.66 $ 103,074.29 $ 108,960.39 $ 115,106.87 $ 118,560.07
26.4. Annual Base Rate Increases As identified in 26.2 and 26.3 above, the hourly rate and annual salary for Captains and First Officers will be increased by 3% on and of the following dates; (a) (b) (c) (d) (e) 1 September 2007; 1 September 2008; 1 September 2009; 1 September 2010; 1 September 2011.
These increases are included in the pay scales set out at clauses 26.2 and 26.3 of this Agreement. 26.5. PUIT Salary rate A PUIT on commencement will not be paid less than $35,025.24 each year. This amount will increase by 3% on the first full pay period commencing on or after 1 September 2008, 1 September 2009, 1 September 2010 and 1 September 2011.
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26.6. Additional hourly rate after fifty- eight (58) hours 26.6.1. When a flight crew member exceeds minimum guarantee hours he or she will be paid an additional hourly rate for each such flying hour in excess of fifty- eight (58) calculated by dividing the applicable annual salary rate by six-hundred- ninety six (696) (applicable hourly rate). 26.6.2. For the purposes of this clause 26, actual time involved in deadhead travel for the purposes of a flight crew members proficiency or endorsement will count as the equivalent of flying duties at the rate of one (1) hour for two (2) hours elapsed. 26.7. Effective date for salary rate Annual salary rates will be effective from the date the flight crew member is cleared to the line. 26.8. Company Incentive Payments 26.8.1. The following provisions relating to Company Incentive Payments are excluded from the operation of the Dispute Settlement Procedure of this Agreement. 26.8.2. Each flight crew member will be eligible to receive a Company Incentive Payment calculated in accordance with this clause, in respect of the service in Qantas Short Haul operations in the financial year commencing 1 July 2007 to 30 June 2008 and each financial year thereafter. 26.8.3. The Company Incentive Payment that a flight crew member will receive will be calculated by reference to; The crew members hourly rate of pay at the end of the financial year to which the bonus relates; Multiplied by the percentage paid under Qantas Group Executive Cash Plan (the Executive Cash Plan); multiplied by the bonus rate (see below); multiplied by the number of credited hours pay received by the crew member in the relevant financial year to which the Company Incentive Payment relates.
The relevant financial year is the year for which the Company Incentive Payment is due and payable. The bonus rate referred to in this clause is 6%. Example calculations of the Company Incentive Payment using the bonus rate for the 2006/2007 financial year are as follows; Where the Executive Cash Plan percentage rate is 100% then the calculation is 6% (being 6% x 100%) X hourly rate X credited hours paid;
56
Where the Executive Cash Plan percentage rate is 80% then the calculation is 4.8% (being 6% x 80%) X hourly rate X credited hours paid; Where the Executive Cash Plan percentage rate is 110% then the calculation is 6.6% ( being 6% x 110%) X hourly rate X credited hours paid. 26.8.4. The percentage of the Executive Cash Plan that is paid to executives as determined by the Board of the Company in its absolute discretion will be the percentage applied for the purposes of calculating a flight crew members Company Incentive Payment. 26.8.5. If no Executive Cash Payment is made in relation to any or all of the financial years under the Executive Cash Plan, then flight crew members will not be entitled to a Company Incentive Payment in relation to that year or years. 26.8.6. If the Executive Cash Pan is discontinued during the term of this Agreement and no equivalent scheme replaces it, then the bonus will be paid as if the Executive Cash Plan rate was 100%. 26.8.7. The Company Incentive Payment will be paid in the pay for the first full pay period commencing on or after the date of payment of the Executive Cash Plan. 26.8.8. If a flight crew member is employed by the Qantas Group but is no longer employed under this Agreement at the time that the Company Incentive Payment is paid (the payment date), the flight crew member will receive a pro-rata payment for the financial year in question based on the number of credited hours pay received under this Agreement, at the then hourly rate under this Agreement, in the financial year concerned, excluding termination payments. 26.8.9. If a flight crew member resigns, retires or has his or her employment terminated prior to the payment date, the rules that apply to Executives from time to time under the Executive Cash Plan will apply in determining whether a payment is made to the flight crew member. Where those rules provide for the exercise of a discretion in relation to the making of a payment, the decision of the Company will be final.
27.
CALCULATING PAY FOR VARIOUS DUTIES OR TRAINING OR LEAVE AND GENERAL PAY RULES
27.1. Payment for Flight Times 27.1.1. Payment based on scheduled flight time Payment for flight times will be based on scheduled flight times. Salary payments shall be made to flight crew members on a monthly basis and will be made by direct deposit to nominated bank accounts on the last Friday of each month.
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27.1.2. Payment based on actual flight time In the case of: (a) (b) (c) (d) diversion; ground return; air return; or one-off charter flights over non-scheduled routes,
payment for flight times will be based on the actual flight time. 27.1.3. Validating published scheduled flight time Schedule planning validates published scheduled flight times at the end of each season for adjustment in the future like season. This means the immediately ensuing winter schedule will be based on the previous winter schedule block times, built to the sixty-fifth (65th) percentile and the immediately ensuing summer schedule will be based on the previous summer schedule block times, built to the sixty-fifth (65th) percentile. The published scheduled flight times are rounded to the nearest five (5) minutes. Late departures in excess of three (3) minutes will be excluded from the sixty-fifth (65th) percentile calculation. 27.1.4. Comparing the sixty-fifth (65th) percentile with the planned schedule After validating the published scheduled flight times, a comparison of the sixty-fifth (65th) percentile to the planned schedule will be performed. If as a result of this comparison the variance exceeds 0.5% of the total schedule hours for the season period, the parties will meet to discuss the issues. 27.1.5. Average scheduled flight times less than or equal to the sixty-fifth (65th) percentile block time Before rounding for the nearest five (5) minutes, the average scheduled flight times should be less than or equal to the sixty-fifth 65th percentile block time. Where this is not the case, the parties will meet to discuss the available alternatives for payment. 27.2. Pay for Captains operating as First Officers When a Captain is required to perform the duties of a First Officer on the aircraft type currently flown, the Captain's normal salary will continue to apply. 27.3. Payment for simulator duty 27.3.1. Subject to sub-clause 27.3.2 below, a simulator duty will accrue four (4) hours pay. Annual recurrent training simulators (licence renewals) will be paid as a passive credit. 27.3.2. If a flight crew member is required to carry out additional simulator duty because of a failure to meet the required standard then the flight crew member will not be paid for that additional simulator duty.
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27.4. Payment for Emergency Procedures Training 27.4.1. Emergency Procedures training accrues four (4) hours pay The Company will pay each flight crew member four (4) hours pay at his or her applicable hourly rate for each session of Emergency Procedures training he or she undertakes. Annual emergency procedures training will be paid as a passive credit. 27.5. Training Pay 27.5.1. Promotional or type conversion training While undertaking promotional training or type conversion, a flight crew member will be paid at a rate each month that is equal to the average of the actual divisors (and not the planned divisors) for the flight crew members pre-training category across all bases for the six (6) bid periods immediately preceding the bid period in which the flight crew member commences training. 27.5.2. Technical and Security Training 27.5.2.1. Definition of Technical or Security training For the purposes of this sub-clause 27.5.2 Technical or Security training includes, but is not limited to, any: (a) (b) Security training courses on Company premises; or Courses on Company premises relating to the engineering, systems, operation, management or security of the Companys aircraft including any amendment, variation or modification to those courses
27.5.2.2.
Rate of pay for Technical or Security training A flight crew member who undertakes Technical or Security training will be paid at the rate of 0.5 hours pay at his or her applicable hourly rate for each hour, or part hour, that the flight crew member is required to undertake the Technical or Security training.
27.5.2.3.
Minimum and Maximum payments for Technical or Security training (a) Notwithstanding sub-clause 27.5.2.2, a flight crewmember will be paid a minimum of one (1) hours pay for any Technical or Security training he or she undertakes. Notwithstanding subclause 27.5.2.2, a flight crew member will be paid four (4) hours pay for any course that is equal to or exceeds four (4) hours. The annual security day will be paid as a passive credit.
(b)
(c)
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27.5.2.4.
Circumstances that do not attract payment for Technical or Security training A flight crew member will not be entitled to payment pursuant to this subclause 27.5.2 where he or she: (a) (b) (c) (d) (e) is undergoing transitional training or type conversion; fails to reach the required standard of proficiency; requests additional training; is attending a CB day; or is conducting home study of any Company documentation.
27.6. Payment for flight crew members undertaking a course or training outside Australia for less than a complete bid period 27.6.1. Calculating pay during the overseas training period Notwithstanding any other clause in this Agreement, when a flight crew member is undertaking a course or training outside Australia for less than a complete bid period, the Company will pay the flight crew member an amount that is equal to the average of the actual divisors (and not the planned divisors) for his or her pre-training category across all bases for the six (6) bid periods immediately preceding the bid period in which the flight crew member commences training divided by nineteen (19), for each day commencing on and from the day that the flight crew member signs on at his or her base in order to travel to the course or training up until and including the day that he or she returns to base at the completion of the travel from the course or training (the overseas training period). 27.6.2. Accommodation and allowances during the overseas training For the purpose of this clause 27.6, during the overseas training period, the Company will provide the flight crew member with the same standard of accommodation and the same level of allowances in accordance with Long Haul EBA7 or its successor. 27.6.3. Allocating X days and BL days For the purpose of this clause 27.6, unless it is not possible to allocate the flight crew members X days and BL days at his or her base during the bid period containing the overseas training period, the Company will allocate those X and BL days to the flight crew member in the immediately ensuing bid period.
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27.7. Jury Duty Pay 27.7.1. A flight crew member on jury duty will be paid at a rate each month (and pro-rated where applicable) that is equal to the average of the actual divisors (and not the planned divisors) for his or her category across all bases for the six bid periods immediately preceding the bid period in which the flight crew member commences the jury duty, less any payment he or she receives from the relevant court for performing the jury duty. 27.7.2. To be eligible for jury duty pay, the flight crew member will be required to keep the Company advised of his or her availability for duty. In cases where the jury duty begins or ends part way through a rostered month, the flight crew member will be required to make every reasonable effort to be available for duty and contactable, including when rostered on "AV" days. The Company will determine any reasonable request by a flight crew member for an X day or X days after completing jury duty, before commencing flight duty. 27.8. Annual Leave Pay Pay for annual leave will be at the rate determined by the average of the flight crew members credited paid hours for the twelve completed bid periods preceding the commencement of leave at his or her hourly pay rate at the time of commencing leave. 27.9. Personal Leave Pay Note: a reference to personal leave is a reference to leave that accrues to flight crew members after the lodgement of this Agreement and includes carers leave and a reference to sick leave is a reference to leave that accrued to flight crew members prior to this Agreement being lodged. 27.9.1. From the date of lodgement of this Agreement, personal leave will accrue to pilots at a rate of seventy six (76) duty hours per year. 27.9.2. All personal leave that accrues under this Agreement shall be used in preference to all sick leave (as that term was previously used) that has accrued to flight crew members prior to this Agreement being lodged and flight crew members must exhaust personal leave accrued under this Agreement before accessing sick leave that accrued prior to lodgement of this Agreement. Provided that if: (a) (b) A flight crew members accrued leave under this Agreement is less than the period of leave being taken; and Accessing any leave accrued under the previous Agreement on the terms that apply to that leave produces a higher payment for the employee than accessing the remaining leave (after pro-rating for conversion of duty to credit for the duty concerned) accrued under this Agreement;
then leave for that absence will be drawn from leave accrued prior to lodgement of this Agreement.
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27.9.3. As at the date of lodgement of this Agreement, the Company will commence to maintain two separate records for each flight crew member of sick leave that accrued prior to the lodgement date of this Agreement and personal leave that accrued after lodgement of this Agreement. 27.9.4. A flight crew member can only use paid personal/sick leave on days that he or she was rostered to perform a duty attracting a pay credit, (i.e. personal/sick leave pay is not available on X days, AV days, BL days, CB days and Reserve days that have not had a flying duty allocated). 27.9.5. Personal leave that has accrued and been taken under this Agreement will be deducted by the Company on the basis of the number of rostered duty hours for the day on which approved personal leave was taken. 27.9.6. All calculations for personal leave payments and deductions will be based on planned rosters. Where a flight crew member is on long term personal leave and does not have a roster, payments and deductions will be calculated with reference to the average actual divisor of credited and duty hours for the roster period concerned for the flight crew members category and base. Planned rosters means the flight crew members planned roster as at the commencement of each unbroken period of personal leave. 27.10. Rules for sick leave that accrued prior to this Agreement The following provisions of this Agreement, being clauses 27.10 and 27.11 inclusive, apply only to sick leave that accrued prior to the lodgement of this Agreement. 27.10.1. For each day taken by a flight crew member of approved sick leave that accrued prior to the date of lodgement of this Agreement, a flight crew member will be paid a credit of three (3) hours based on his or her applicable hourly rate and the Company will deduct one (1) day from his or her sick leave entitlement. Sick leave will not be paid if, as a result of receiving sick leave pay a flight crew member will be paid more than: (a) (b) the actual divisor for the flight crew members base and category plus two (2) hours and fifty-nine (59) minutes; or the flight crew members rostered hours at the date that the flight crew member reports unfit for duty plus two (2) hours and fifty-nine 59 minutes,
27.10.2.
whichever is the lesser. 27.10.3. Except as provided for by sub-clause 27.11 where the Company does not make a payment of sick leave because the flight crew members payments would exceed: (a) the actual divisor, for the flight crew members base and category plus 2 hours and fifty-nine (59) minutes; or (b) the flight crew members hours rostered at the date that he or she reports unfit for duty plus two (2) hours and fifty-nine (59) minutes;
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the Company will not deduct any sick leave from his or her sick leave entitlement. 27.10.4. Where a flight crew member is absent on sick leave for an entire bid period then he or she will be paid his or her minimum guaranteed salary and will have nineteen (19) days of sick leave deducted from his or her sick leave entitlement unless the flight crew member elects to top up pursuant to sub-clause 27.11. 27.11. "Topping up" of sick leave 27.11.1. 27.11.2. Topping up sick leave is only available for days that a flight duty has been rostered. Notwithstanding sub-clause 27.10.4, a flight crew member who is on paid sick leave for fourteen (14) consecutive days or more may elect to claim sick leave in excess of nineteen (19) days or fifty- eight (58) hours in a single bid period for the purpose of "topping up" his or her pay to the amount of the average monthly divisor for a flight crew members category and base. When "topping up", for every three (3) hours of sick leave claimed by a flight crew member the Company will deduct one (1) day from his or her accumulated sick leave credits. "Topping up" can only be claimed in multiples of three (3) hours and can not be used to increase a flight crew members paid hours above the average monthly divisor for his or her category and base. Notwithstanding this sub-clause 27.11, payment of sick leave for a bid period must not exceed the average monthly divisor, rounded up to the nearest multiple of three (3), for the flight crew members category and base. The following examples are provided for amplification: 80 hours 75 hours 75 hours
27.11.3.
27.11.4.
27.11.5.
27.11.6.
Example 1 Original block hours: Average divisor for category & base: 1 day sick leave taken, with 5 hrs loss of flying: Credit hours remaining: No sick leave paid and no sick leave debited
Example 2 Original block hours: 80 hours Average divisor for category & base: 75 hours 3 days sick leave taken, with 10 hrs loss of flying Credit hours remaining: 70 hours Sick leave paid for 2 days @ 3 hrs/day, giving pay: 76 hours Example 3 Original block hours: 80 hours Average divisor for category & base: 75 hours 3 days sick leave taken, with 10 hrs loss of flying Credit hours remaining 70 hours 7 hours flying gained from open time
New credit hours remaining No sick leave paid and no sick leave debited
77 hours
Example 4 Original block hours: 70 hours Average divisor for category & base: 75 hours 2 days sick leave taken, with 4 hrs loss of flying Credit hours remaining: 66 hours Normal sick leave paid: 6 hours New pay credits: 72 hours Topping up not available due to not having illness for 14 days Example 5 Original block hours: Average divisor for category & base: 14 days continuous illness comprising 6 days flying with a loss of 30 hours New credit hours: Normal sick leave paid (6 days x 3 hrs): New pay credits: Topping up available for 3 days: New pay credits: 80 hours 75 hours 50 hours 18 hours 68 hours 9 hours 77 hours
Example 6 Original block hours: 70 hours Average divisor for category & base: 75 hours Long term sick leave for 1 month Normal sick leave paid, with 19 days debited: 58 hours Topping up available at flight crew members discretion up to a limit of 75 hours, with 1 day debited for each 3 hours debited 27.12. Flight crew members may access ninety (90) days accumulated sick and personal leave at half pay 27.12.1. The Company will, in the event of a long term illness, allow a flight crew member to utilise up to ninety (90) days each year, of his or her accumulated sick leave entitlement at half () pay. 27.12.2. A flight crew member who accesses sick leave pursuant to this provision will be entitled to receive 1.5 hours pay for each day of sick leave taken and will have half () a day deducted from his or her accumulated sick leave entitlement. 27.12.3. A flight crew member who accesses his or her accrued sick leave at half pay pursuant to this sub-clause can not top up his or her sick leave pursuant to clause 27.11. 27.12.4. The calculation of personal leave payments accessed at half-pay will be as set out in clause 27.9.6 for the calculation of personal leave payments and deductions divided by two (2).
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27.13. Payment of sick leave and personal leave on medical termination 27.13.1. Entitlement to payment for accrued sick and personal leave on medical termination A flight crew member whose employment terminates as a result of the flight crew members licence being cancelled or not renewed by CASA and who receives payment of a capital sum under the loss of licence insurance plan is entitled to a lump sum payment for accrued sick and personal leave calculated pursuant to sub-clause 27.13.2. 27.13.2. Calculation of sick and personal leave to be paid on medical termination 27.13.2.1. The lump sum payment calculation will be based on the flight crew members minimum guaranteed hours pursuant to Part 5 of this Agreement (six hundred and ninety six (696) hours per annum) up to a maximum of three hundred and sixty five (365) days of accrued sick leave. 27.13.2.2. Personal leave on medical terminations will be paid using the same methodology as set out in clause 27.13.2.1 above after the flight crew members accrued personal leave has been converted to sick leave using the formula set out in clause 39.7.6 being that each five (5) hours of accrued leave will be equivalent to one days sick leave. 27.14. Long Service Leave Pay Pay for long service leave will be at the rate determined by the average of a flight crew members hours accrued for the twelve completed bid periods preceding the commencement of leave at the flight crew members applicable hourly rate at the time of commencing leave. 27.15. Salary sacrifice An employee may voluntarily receive part of pre tax salary he or she is entitled to under this Agreement in the form of agreed salary sacrifice items, including motor vehicles, notebook computers and superannuation, where permitted and in accordance with Qantas policies as varied from time to time. This includes: (a) (b) the direction of pre-tax salary to superannuation to the extent permitted by the Trust Deed and Rules of the Qantas Superannuation Plan; for Captains, to the extent permitted by law, salary sacrifice in relation to a novated lease to allow access to a vehicle over the luxury car limit.
27.16. Duty Hours and Duty Hour Rate of Pay Where for any reason the number of duty hours and the corresponding duty hour rate of pay for a flight crew member needs to be calculated, these will be calculated as follows:
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27.16.1. Number of Duty Hours In relation to a period where the flight crew member was rostered for duty, the number of duty hours rostered for that period; In relation to a period where the flight crew member was not rostered for duty, the duty hours will be calculated by using the following formula:
(period concerned in days/365 X the number of duty hours rostered in the preceding 12 bid periods). 27.16.2. Duty Hour Rate of Pay The duty hour rate of pay for a flight crew member in relation to a period where the flight crew member was rostered for duty is: Number of flying hours/number of rostered hours x applicable hourly rate for flying hours.
The duty hour rate of pay for flight crew member in relation to a period where the flight crew member is not rostered for duty (for example an annual leave block) is: Number of flying hours paid in the previous 12 bid periods/number of rostered hours in the previous 12 bid period x applicable hourly rate for flying hours.
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PART 6 HOURS OF WORK, SCHEDULING & RELATED ARRANGEMENTS 28. ROSTERING 28.1. Rostering and Hours of Work 28.1.1. The Company will roster and schedule flight crew members in accordance with the Rostering Manual at Appendix D. Flight Crew are employed to work the hours specified in their roster and as otherwise awarded or assigned by the Company. 28.1.2. Any questions or issues arising regarding rostering will be addressed on a consultative basis between the Association and the Company. 28.1.3. In relation to clauses 27.3, 27.4 and 27.5, the maximum training duty to be treated as a passive credit is one training duty per bid period and five per recurrent training year. 28.2. Rosters The Company will make rosters available to flight crew members no later than seven days before the commencement of a new bid period. 28.3. Coordinated bidding for flight crew members with partners employed by Qantas In order to assist flight crew members who have partners employed by the Company as flight attendants or CSM's to coordinate their rosters with their partners rosters, the Company aims to publish flight crew members rosters at least twenty-four (24) hours before the closing of bidding for flight attendants as soon as appropriate system changes have been made. 28.4. Flight crew members golden bid before retirement In a flight crew members last bid period (or part of a bid period) of flying before retirement (or before his or her employment contract is terminated as a result of redundancy), the flight crew member will be pre-allocated a pattern of his or her choice (to be known as a flight crew members golden bid) before flying is made available for bidding. Where two or more flight crew members in the same category are competing for the same pattern, seniority will determine the allocation.
29.
CAO EXEMPTION - SUPPORT FOR CONTINUATION
29.1. The Company recognises that the introduction of the CAO 48 exemption in operation at 1 September 1999, has provided benefits allowing greater flexibility in the rostering of flight crew members. While not absolutely quantifiable, this greater flexibility has saved the Company employing a number of crews that would be required under CAO 48 for the current schedule of flying. 29.2. The Company also recognises that the exemption to CAO48 was not intended to be the regular flight time and duty limits for working flight crew members. 29.3. Company procedures will consist of two parts:
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(a) (b)
a set of limits for flight time and duty that sit inside the exemption and will be binding in their use during the process of building monthly flying blocks; and a set of procedures for the Company to apply in the administration of rosters on a day to day basis. These procedures may only be varied up to the limits of CAO48 exemption with the approval of the flight crew members concerned.
29.4. On the basis of these procedures being developed and implemented, then if CASA withdraws the CAO48 exemption, the short haul flight crew member group and the Association will support attempts by the Company (within the confines of the relevant legislation current as at the operative date of this Agreement) to re-establish the flight crew flight and duty time limit applicable to the CAO48 exemption.
30.
DUTY OF A FLIGHT CREW MEMBER
30.1. Duties of a flight crew member The duties of a flight crew member are: (a) (b) (c) (d) (e) flying duties; training; deadhead travel; reserve duty; and licence renewal.
30.2. Flight crew members must be available to perform more than fifty- eight (58) hours flying A flight crew member is required to be available to perform more than fifty- eight (58) flying hours per bid period. 30.3. Captains will perform duties of a First Officer A Captain will, if required by the Company and suitably qualified, perform the duties of a First Officer on the aircraft type currently flown by the Captain. 30.4. Flight crew members will be rostered to perform duty subject to the Rostering Manual Flight crew members will be rostered to perform duty subject to the Rostering Manual , the provisions of CAO Part 48 and any concessions or exemptions granted by CASA and agreed between the Association and the Company. 30.5. Pro-ration of hours for approved leave or absence during bid period Where a flight crew member has any form of approved leave or absence during a bid period, the flight crew members rostered duty hours for the balance of the bid period will be prorated to approximate the average of flying hours on type for the balance of the bid period.
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31.
TEMPORARY ROSTER SWAPS
31.1. Interpretation In the event of an inconsistency between this clause and the provisions of this Agreement, the provisions of this Agreement will prevail. 31.2. Temporary Roster Swaps Flight crew members may agree to temporarily swap rosters (PSN) and bases with another flight crew member (Temporary Roster Swaps). Temporary Roster Swaps will be administered in accordance with the Company Manuals and the principles set out in this clause: (a) (b) (c) (d) the Company will allow flight crew members to undertake Temporary Roster Swaps and will put administrative procedures in place to facilitate Temporary Roster Swaps; Temporary Roster Swaps must be administered in a fair, equitable and transparent manner; all flight crew members must have the opportunity to participate in Temporary Roster Swaps; the rules relating to participation in, and administration of, Temporary Roster Swaps must be agreed between the parties and can only be varied, amended or cancelled by mutual agreement following appropriate consultation; and the following rules apply for the administration of Temporary Roster Swaps; (i) (ii) flight crew members may only participate in a Temporary Roster Swap with the Companys approval; a Temporary Roster Swap will only be approved for a single bid period;
(e)
(iii) a flight crew member may only participate in three Temporary Roster swaps in a calendar year (January-December); (iv) the Company will only approve a Temporary Roster Swap where both participating flight crew members are available to operate for the complete bid period in which the Temporary Roster Swap is to take place. Accordingly, neither participating flight crew member can have any leave, or other planned absence, during the bid period in which the Temporary Roster Swap is to take place. The Company may agree to waive this requirement at its discretion; (v) the Company will only approve a Temporary Roster Swap where both participating flight crew members have the same category;
(vi) where the Company approves a Temporary Roster Swap each participating flight crew member will mutually exchange their PSN and base with the other participating flight crew member;
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(vii) it is each participating flight crew members responsibility to retrieve their own mail for the period of the Temporary Roster Swap. The Company will continue to send all mail to the flight crew members Qantas Mail Box in his or her permanent base; (viii) the Company will only approve a participating flight crew members ad-hoc leave requests during a Temporary Roster Swap where resources permit; (ix) the Company will not approve a Temporary Roster Swap where a participating flight crew member is hours restricted; and (x) the Company will not allow a flight crew member to participate in a Temporary Roster Swap that involves more than one base in a bid period (e.g. a Temporary Roster Swap involving MEL SYD BNE will not be approved).
32.
DAYS OFF (X DAYS)
32.1. Number of X days 32.1.1. Each flight crew member must receive at least nine (9) X days in each 30 or 31 day bid period. 32.1.2. X days must be rostered at the flight crew members base. 32.1.3. The Company must not allocate a flight crew member a single X day on more than one occasion in each bid period unless the flight crew member requests a single X day or days. 32.1.4. Notwithstanding sub-clause 32.1.3, single X days may be rostered by mutual agreement between the Company and the flight crew member. 32.1.5. The schedule of X days will not be changed without agreement between the Company and the Association. 32.2. Replacement X Day 32.1 If duty infringes a flight crew members rostered X day, a replacement X day must be provided to the flight crew member. Such replacement X day may replace any rostered AV day or reserve day but not a BL day or an X day. 32.2 A replacement X day must be taken, arranged and advised to the flight crew member as soon as possible. Wherever possible the day will be provided in the current bid period unless a specific alternative is mutually agreed, but will not be deferred any later than the last day of the immediately ensuing bid period. 32.3. BL Days Each flight crew member must receive two (2) BL days in each 30 or 31 day bid period.
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33.
RESERVE DUTY
33.1. Company may require a flight crew member to carry out reserve duty 33.1.1. The Company will only require a flight crew member to stand reserve at his or her home base. 33.1.2. Notwithstanding sub-clause 33.1.1, a flight crew member who is at a geographic location other than the flight crew members base for a purpose other than duty purposes may, by mutual agreement with the Company, carry out reserve duty at that location. 33.2. Pay for Reserve Duty 33.2.1. If, on the day of a reserve duty, the Company contacts a flight crew member who is standing by on a reserve duty and requires that flight crew member to perform a duty, on that day, he or she will be paid the following: 33.2.2. With respect to single day trips, four (4) hours pay or the actual scheduled block time worked for that duty period, whichever is greater; 33.2.3. With respect to multi-day trips, four (4) hours pay or the actual scheduled block time worked for the first day (whichever is greater), and actual scheduled block time for each subsequent day. 33.3. Agreed daily reserve coverage for bases 33.3.1. The current agreed daily reserve coverage for each of the three bases is: Sydney: Melbourne: Brisbane: four (4) Captains and four (4) First Officers; five (5) Captains and five (5) First Officers; and three (3) Captains and three (3) First Officers.
33.3.2. The Company will not roster a flight crew member for more than three (3) reserve days in any bid period. 33.3.3. The Company must not roster or hold on reserve a number of flight crew members exceeding the agreed daily reserve coverage without consultation with the Association. 34. CB DAYS
34.1. Company may roster two (2) CB Days every calendar year The Company may roster two (2) CB days for each flight crew member every calendar year. CB days are for the purpose provided in the definition in clause 8 of this Agreement. CB days are not duty days and a flight crew member will not be paid for CB days (although CB days will be considered as duty for Rostering Manual limits and flight crew flight and duty limits purposes). If required the Company will provide return air travel from each flight crew members base in accordance with the Companys normal duty travel policy.
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34.2. Consultation with the Association Before a CB day the Company will consult with the Association and invite input if appropriate.
35.
INTERNATIONAL OPERATIONS PROTOCOL
35.1. Protocol established pursuant to this Agreement The following protocol is agreed in the context of sub-clause 14.5.2 of this Agreement and relates to international slips. It establishes provisions and entitlements for international slips by flight crew members operating pursuant to this Agreement. 35.2. Application of protocol The protocol will only apply to international destinations within an area bounded by 90 degrees east longitude to 180 degrees longitude and from the equator to 50 degrees south latitude but including Singapore. 35.3. Line building 35.3.1. Pattern lines will be built and allocated in accordance with the agreed procedures of the day. 35.3.2. While conforming with the agreed duty and flight time limitations applicable under this Agreement (including agreed concessions), the Company will not construct patterns which require slips in excess of thirty-six (36) hours without first obtaining agreement from the designated member of the Association representing short haul flight crew members. 35.3.3. If, despite sub-clause 35.3.2, the Company wishes to construct patterns for improved efficiency which do not conform with the agreed duty and flight time limitations, the Company must first consult with the Association which reserves its right to reject those non-conforming patterns. 35.3.4. The Company, in consultation with the Association, will: (a) (b) use its best endeavours to construct patterns involving a slip at an overseas port to reflect the average daily hours for the respective month of operation; and review all international patterns before publication.
35.4. Flight crew members to be flown to home base if pattern lines disrupted If a pattern line is disrupted in an overseas port to such an extent that the crew is unable to complete the return international sector within flight time limitations on the day of the scheduled flight, the Company will arrange for flight crew members affected by the disruption to operate or be flown to their home base on the first available flight. Flight crew members affected by the disruption will be paid at the following rates for operating or deadheading out of an overseas port to their home base:
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(a) (b)
one (1) hour for one (1) hour elapsed, resulting from a disruption extending up to twenty-four (24) hours after sign-on for the duty which is disrupted; and two (2) hours for one (1) hour elapsed, resulting from a disruption extending beyond twenty-four (24) hours.
35.5. Allowances For all international destinations added to the Companys short haul operations where an overnight slip will occur, the Company and the Association will meet and address the allowances to be paid for the duty using the following process: 35.5.1. Comparing DTA with APS rate The process will compare the rate of allowances to be paid for the period of duty under the Daily Travelling Allowance (DTA) method with the allowance entitlement based on the Australian Public Sector (APS) rate for the slip port. The difference between the amount paid for the duty period and slip under the APS rate and the amount of DTA for the duty period and slip will be paid hourly for the duty period. This calculation may mean that the existing DTA will be reduced in some cases. For example (example figures only) Duty period 30 hours including overnight in Singapore ATO entitlement DTA entitlement Difference Difference hours $245.00 $126.30 (30 hours @ $4.21 per hour) $118.70 $ 4.94
Result: DTA paid for the 30 hour duty at the rate of $9.15 ($4.21 plus $4.94) 35.5.2. Process subject to ATO approval The above process will be subject to the approval of the Australian Taxation Office and the necessary changes to the systems for payment and recording of DTA being possible and completed. Where an overnight slip does not occur in the international port, the existing method of payment of DTA will not be changed. The rate of DTA will be the same for both Captains and First Officers. 35.5.3. Opportunity to review The Company acknowledges that if there is a change to the mechanism in determining allowances applicable to patterns which include international slips (affecting short haul operations) are negotiated between the Company and the Association, then the mechanism for determining allowances under this clause will, accordingly, be changed.
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35.6. Accommodation All accommodation will be in accordance with the Long Haul Certified Agreement. Where not covered by the Long Haul Certified Agreement, accommodation will be in accordance with this Agreement. 35.7. Flow On The Association acknowledges that the matters dealt with in this clause 35 will not be used as a precedent to seek flow on to long haul operations. 35.8. Review of International Operations Protocol The parties agree to jointly review, and if both parties consider it necessary, amend, the International Operations Protocol contained in this clause 35 during the life of this Agreement provided that the provisions of the Act relating to variation of agreements have been fully complied with.
36.
COMPANY MAY IMPLEMENT ELECTRONIC FLIGHT BAG OR SIMILAR APPLICATIONS FOR FLIGHT DECK The Company may implement on board electronic flight bag and other similar applications to support flight crew, for example, take off and landing performance data, weight and balance information.
37.
28 DAY BID PERIODS The Company may introduce a twenty eight (28) day bid period system, which will change the current monthly bid period system. The Company may also introduce the technology that supports the introduction and maintenance of such a 28-day bid period system. In circumstances where 28-day bid periods are introduced appropriate adjustments will be made as set out in Appendix C of this Agreement.
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PART 7 LEAVE ENTITLEMENTS 38. ANNUAL LEAVE
38.1. Definition For the purpose of this clause 38, "seniority" means seniority in accordance with the list of flight crew members designated "A Pilot" in Schedule 1 of the Integration Award as called up in this Agreement. 38.2. Entitlement 38.2.1. A flight crew member will accrue forty-two (42) days' annual leave (inclusive of Saturdays, Sundays and Public Holidays) for each completed year of service. 38.2.2. From the time of lodgement of this Agreement, the Company will establish and maintain two records for each flight crew member of the annual leave that has accrued prior to lodgement (the pre-lodgement accrual) and all leave that accrues after lodgement of this Agreement (the post-lodgement accrual). 38.2.3. When assigning or awarding leave, leave will be deducted from the pre-lodgement accrual until it is exhausted. Thereafter, leave will be assigned or awarded from the post-lodgement accrual. 38.2.4. Leave assigned from the post-lodgement accrual will be assigned pursuant to clause 38.7.13.1 of this Agreement. 38.2.5. Leave assigned or awarded from the pre-lodgement accrual and leave awarded from the post-lodgement accrual will be assigned and awarded pursuant to the provisions of clause 38.7.13.2. 38.3. Availability 38.3.1. Except as provided under clause 38.7.13, the amount of annual leave to be taken at any time will be as agreed between the individual and the Company. 38.3.2. To ensure that flight crew members have access to their annual leave entitlements under this clause 38, the Company will prepare annual leave schedules covering eight (8) or nine (9) bid period Leave Planning Periods each year. Provision for leave that will fall due during a Leave Planning Period will be built into the schedule for that period. To assist flight crew members in preparing their bids, the Company will promulgate a chart (see Appendix A to this Agreement) for each bid period showing estimated annual leave for that bid period.
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38.4. Golden leave days pre-allocated Each flight crew member may request the Company to pre-allocate up to two (2) golden leave days once each year for each flight crew member, provided that: (a) the Company must receive applications for golden leave days no later than three (3) months before the commencement of the Leave Planning Period as defined in sub-clause 38.3.2 of this Agreement in which the flight crew member seeks to take the golden leave; approval of requests for golden leave days is at the Companys discretion but will not, subject to this clause, normally be refused (and if refused, the decision will be reviewed by the Fleet Manager); a maximum of two (2) flight crew members in any category on any day are entitled to access a golden leave day, with any increase at the Companys discretion; and golden leave days are not available during the period from three (3) days before Christmas until and including New Years Day or from three (3) days before Good Friday until and including the Tuesday after Easter.
(b)
(c) (d)
38.5. Option at retirement Immediately before retirement, or termination on medical grounds, a flight crew member will have the option of taking a period of annual leave up to the equivalent of his/her accumulated balance of entitlements under this clause 38 subject to mutual agreement. 38.6. Illness during annual leave 38.6.1. When a flight crew member becomes ill during a period of annual leave and advises the Company of this as soon as is practicable after the commencement of the illness and produces the necessary medical certificates, the duration of such illness will be counted as sick leave and his/her annual leave will be re-credited accordingly. 38.6.2. Every consideration will be given by the Company to ensuring that the flight crew member subsequently has access to this annual leave when he/she requests it. 38.7. Administration 38.7.1. Subject to the provisions of sub-clause 38.7.3, a flight crew members annual leave will be rostered from the first day to the last day of a bid period. 38.7.2. Subject to this clause 38 each flight crew member will take annual leave at least once every Leave Planning Period.
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38.7.3. Annual leave periods will be rostered to conform to the flying program based on an eight or nine month cycle as set out in Appendix "A" to this Agreement but individual requests for variations from this cycle or for periods of annual leave greater or less than a complete bid period will be considered by the Company provided they are lodged with the Company no later than two (2) months before commencement of the relevant roster. The allocation of special requests will be in accordance with sub-clause 38.7.12. 38.7.4. For each Leave Planning Period the Company will advertise annual leave slots for full bid periods (for example November 2005) and for half bid periods (for example 1-15 November 2005 and 16-30 November 2005). 38.7.5. For each Leave Planning Period the Company will: 38.7.5.1. 38.7.5.2. award annual leave slots (either full or half bid period slots) in accordance with clause 38.7.12; and/or assign annual leave slots (either full or half bid period slots) in accordance with clause 38.7.13.
38.7.6. Fight crew members must bid for at least one full bid period slot of annual leave each Leave Planning Period. 38.7.7. In a Leave Planning Period, flight crew members may bid for: 38.7.7.1. 38.7.7.2. more than one full bid period slot of annual leave; and either full or half bid period slots of annual leave.
38.7.8. The Company will allocate at least one full bid period (or two half bid periods) annual leave each Leave Planning Period to flight crew members. 38.7.9. Clause 38.7.8. may be waived by agreement between the flight crew member and the Company. 38.7.10. Where a flight crew member does not bid for annual leave in a Leave Planning Period, the Company may assign annual leave to that flight crew member during the relevant Leave Planning Period in accordance with clause 38.7.13. 38.7.11. Annual leave details will be promulgated so as to be available to individual flight crew members no later than three (3) months before the commencement date of the immediately ensuing Leave Planning Period. 38.7.12. Annual leave requests of Captains and First Officers will be considered separately and will be determined by the Company according to the following table:
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1. 2. 3.
Descending order of priority of awarding of annual leave Awarded in order of seniority on type in base to flight crew members with annual leave due in the entitlement month of the Leave Planning Period. Awarded in order of seniority on type in base to flight crew members with annual leave due in the Leave Planning Period. All remaining requests awarded in order of seniority on type in base.
38.7.13. The Company may, after annual leave has been awarded in accordance with subclause 38.7.12, assign unallocated annual leave, subject to subclause 38.7.14, according to the following provisions; 38.7.13.1. Priority of assignment of annual leave Annual leave may be assigned to any flight crew member who has four (4) weeks or more of unallocated annual leave and/or that portion of leave that an employer may direct an employee to take as extensive accumulated annual leave under section 236 (6) of the Act, in accordance with clauses 38.7.13.2, 38.7.13.3 and 38.7.14; 38.7.13.2. Annual leave must be assigned to the flight crew member with the most annual leave outstanding first, then to the flight crew member with the second most annual leave outstanding and so on in descending order, except that: (a) (b) a flight crew member who has six full bid periods or less to run to his or her retirement will be assigned last; flight crew member who has successfully completed a promotional or transitional training course, and whose consolidation flying period would be affected, will be assigned second last; at the time of promulgation of excess leave (promulgation date), a flight crew member who has long service leave or annual leave that either starts or finishes within four weeks or within the same bid period of the promulgation date, will be assigned third last; a flight crew member who has been on extended sick leave (i.e. four weeks or more) will be assigned fourth last; a flight crew member may be given relief, for compassionate reasons, from being assigned annual leave under these guidelines by agreement between the Company and the Association.
(c)
(d) (e)
38.7.13.3. A flight crew member assigned annual leave under 38.7.13 will not be assigned additional annual leave for three consecutive bid periods (relevant period) following the bid period in which the assignment took place unless all flight crew members, with accrued annual leave in excess of four weeks, have been assigned annual leave during the relevant period.
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38.7.14. The Company will: (a) (b) (c) provide at least four (4) weeks notice to a flight crew member of the assignment of annual leave; not assign annual leave for a period of less than two (2) weeks at any one time; and not assign a period of annual leave that will result in flight crew members accrued annual leave entitlement (including pro-rated) falling below two (2) complete weeks.
38.7.15. For the purpose of this clause 38, unallocated annual leave means the total annual leave balance including any pro-rata leave that has accrued to each flight crew member prior to the lodgement of this Agreement, as well as seven (7) of the 42 days leave that accrue under this Agreement each year to flight crew . 38.7.16. Nothing in this clause 38 prevents a flight crew member from applying to take unallocated leave. 38.7.17. In determining what constitutes a complete year of service for annual leave purposes or in determining a pro-rata entitlement, any period of unapproved absence by an individual will not count as service. 38.7.18. The Company will not roster a flight crew member to perform duty which would extend beyond 20:00 hours on the day before commencement of annual leave or to commence duty before 08:00 hours on the day following completion of such annual leave unless the particular duty reflects the flight crew members bid. 38.8. Compassionate grounds Notwithstanding any other provision in this clause 38, the parties agree on the necessity of accommodating compassionate circumstances and nothing in this clause 38 will be construed as preventing a flight crew member from requesting or being granted leave or an alteration to approved leave on compassionate grounds. 38.9. Recall from leave The Company will not recall a flight crew member from annual leave except in a case of recognised national emergency or genuine mutual agreement. 38.10. Exchange of allocations Exchange of leave allocations at a base between flight crew members of the same status on type will be considered where the applicants' approvals are of the same duration. 38.11. Payment of annual leave on termination On termination of employment for any reason, a flight crew member will be paid at the rate prescribed in clause 26 of this Agreement on the basis of 1/365th of the prescribed annual entitlement, for each completed day of service in respect of which the flight crew member has not taken leave.
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38.12. Ability to cancel annual leave for flight crew members bidding into bases Annual leave for a flight crew member who bids for, and is subsequently awarded, a vacancy at a new base may be cancelled where required by the Company. At the time of leave being cancelled, the Company will identify all other available options for leave in the new base and the flight crew member will have the opportunity to bid for the alternative leave periods. 38.13. Ability to cancel annual leave for flight crew members changing category Annual leave for a flight crew member who bids for and is subsequently awarded a change in category may be cancelled where required by the Company. At the time of leave being cancelled, the Company will identify all other available options for leave in the new category and the flight crew member will have the opportunity to bid for the alternative leave periods.
39.
SICK AND PERSONAL LEAVE
39.1. Amount of sick leave 39.1.1. Prior to the lodgement of this Agreement, a flight crew member accrued sick leave credits on the following basis: Date of accrual of sick leave Number of days of sick leave accrued
On commencement: Fifteen (15) days. On completion of twelve (12) months' Fifteen (15) days. service: On completion of each additional Fifteen (15) days. twelve (12) months' service
39.1.2. Transitional Provision Adjusting Sick Leave and Personal Leave Credits on Lodgement of Agreement 39.1.2.1. The flight crew members sick leave credit will be reduced by the number of days produced by the application of the following formula (provided that a credit may not fall below zero): Fifteen (15) days X (number of days from lodgement of this Agreement to next anniversary day/365). 39.1.2.2. On the day of lodgement of this Agreement, a flight crew member will be credited with personal leave as follows:
76 hours X (number of days from lodgement of this Agreement to next anniversary day/365). 39.1.3. On each anniversary of each flight crew members commencement after the lodgement of this Agreement, each flight crew member will be credited with 76 hours of personal leave.
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39.2. The accrual of a flight crew members personal leave is cumulative The accrual of a flight crew members personal leave is cumulative. 39.3. Flight crew member to advise Company of illness or injury and provide documents 39.3.1. On becoming unfit for duty due to personal illness or injury, a flight crew member will advise the Company as soon as possible of such occurrence and of the anticipated duration of such absence from duty. 39.3.2. Once a flight crew member becomes fit for duty, the flight crew member will immediately advise the Company of his or her availability for duty. 39.3.3. A flight crew member on reserve duty must advise the Company immediately the flight crew member is unable to provide coverage because of personal illness. Advice to the Company of a personal illness when called out for duty will not be accepted. 39.4. Medical certificate and carers leave documents 39.4.1. A flight crew member must provide a certificate from a duly registered health practitioner (or if not reasonably practicable, a statutory declaration made by the flight crew member) when making an application for personal leave on the grounds of personal illness otherwise such leave will not carry any entitlement to pay. In relation to carers leave, a flight crew member must provide a medical certificate from a registered medical practitioner, if the provisions of care was for a personal illness or injury to a member of the flight crew members immediate family or a statutory declaration if it related to an unexpected emergency to a member of the immediate family. 39.4.2. Notwithstanding sub-clause 39.4.1, each flight crew member is entitled to take up to three (3) days of personal leave in each year of service without being required to produce a medical certificate or any other evidence of unfitness for duty. 39.5. Company's discretion to require medical certificates for AV days, BL days, reserve days or CB days 39.5.1. The Company may require a flight crew member to produce medical certificates for personal leave days claimed on days rostered as AV days, BL days, reserve days or CB days. 39.5.2. Before exercising its rights under sub-clause 39.5.1 the Company must notify the flight crew member that it intends to exercise its rights under that sub-clause.
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39.6. Upper Respiratory Tract Infection (URTI) 39.6.1. With effect from the flight crew members next anniversary date after lodgement of this Agreement, in addition to the entitlements prescribed in sub-clause 39.1 a flight crew member will (on production of a certificate from a registered health practitioner) be entitled to up to twenty eight (28) duty hours of URTI leave each year for sickness associated with URTI. Such URTI leave will be non-cumulative. URTI credited under this Agreement will, if taken, be paid and credits deducted on the same basis as personal leave accrued under this Agreement. 39.6.2. For the period between lodgement of this Agreement and a flight crew members next credit of URTI leave, the previous rules will apply: up to the flight crew members remaining credit, for each working day of absence from duty as a result of URTI the flight crew member will receive a credit of three hours, a day will be deducted from the available URTI leave credit and a medical certificate will be required for each absence where more than three URTI days have been taken in the year concerned. 39.7. Converting sick leave when transferring between long haul operations and short haul operations The following provisions in relation to sick leave apply only to sick leave entitlements (as that term was used prior to the lodgement of this Agreement) that accrued to flight crew members prior to the lodgement of this Agreement. The provisions relating to the conversion of sick leave from Long Haul to Short Haul only apply to leave accrued in Long Haul under Long Haul EBA7 or its predecessor. . When a flight crew member transfers from the Companys short haul operations to the Companys long haul operations or vice versa, the flight crew members accrued sick leave and URTI entitlements that accrued prior to the lodgement of this Agreement will be converted using the formulae set out in this sub-clause 39.7. 39.7.1. Definitions For the purposes of this sub-clause 39.7 SHSLE means short haul sick leave entitlement; LHSLE means long haul sick leave entitlement; SHUE means short haul URTI entitlement; and LHUE means long haul URTI entitlement. 39.7.2. Sick leave entitlement when transferring from long haul to short haul When transferring from long haul to short haul operations, the conversion of a flight crew members accrued sick leave will be made according to the following formula: SHSLE = LHSLE x 15days 21 days
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39.7.3. Sick leave entitlement when transferring from short haul to long haul When transferring from short haul to long haul operations, the conversion of a flight crew members accrued sick leave will be made according to the following formula: LHSLE = SHSLE x 21 days 15 days
39.7.4. URTI entitlement when transferring from long haul to short haul When transferring from long haul to short haul operations, a conversion of a flight crew members accrued URTI entitlement will be made according to the following formula: SHUE = LHUE x 6 days 4 days
39.7.5. URTI entitlement when transferring from short haul to long haul When transferring from short haul to long haul operations, a conversion of a flight crew members accrued URTI entitlement will be made according to the following formula: LHUE = SHUE x 4 days 6 days
39.7.6. Personal leave and URTI leave that has accrued since this Agreement was lodged will be calculated in the manner set out in the successor Agreement to Long Haul EBA7. Where there is no successor Agreement to Long Haul EBA7, then personal and URTI leave accrued under this Agreement will be calculated on the basis that each five (5) hours of accrued leave will be equivalent to one days sick leave as accrued before the lodgement of this Agreement and that amount will be converted pursuant to the formula set out above. 39.7.7. Where a flight crew member is transferring from long haul operations to short haul operations, the calculation of accrued sick leave will be performed as prescribed under the Appropriate Long Haul Agreement.
40.
LONG SERVICE LEAVE The Company will provide long service leave in accordance with Company policy.
41.
COMPASSIONATE (BEREAVEMENT) LEAVE A flight crew member will be entitled to two (2) compassionate days leave per occasion under the Standard. In addition to this entitlement, a flight crew member is entitled to take one additional day per occasion from either pre or post lodgement credits or as unpaid leave where the flight crew member has no pre or post credits.
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42. PARENTAL LEAVE 42.1. Australian Fair Pay and Conditions Standard Parental leave entitlements shall be in accordance with the provisions of the Standard as contained in Part 7 Division 6 of the Act as in force from time to time. In addition to the provision of the Standard it is agreed that the following provisions will also apply. 42.2. Additional Maternity Leave Terms 42.2.1. Alternative Duties A flight crew member who is required to cease flying due to pregnancy will be provided with alternative duties. 42.2.2. Performance of alternative duties Transfer to alternate duties will be on the same terms and conditions of employment as if the provisions of Section 268 of the Act (Transfer to a Safe Job) were invoked. Allowances will not be paid. 42.2.3. Commencement of Maternity Leave A flight crew member may commence maternity leave immediately at any time after confirmation of pregnancy as certified by a registered medical practitioner providing that the flight crew member will be entitled to 52 weeks maternity leave from the date of birth of the child. During maternity leave, a flight crew member ceases to be bid line crew member. 42.2.4. Option for Paid Maternity Leave Any maternity leave that a flight crew member elects to take in the four weeks prior to the expected date of confinement and the six weeks of maternity leave that a flight crew member is required to take after the birth will be paid leave to a maximum of ten (10) weeks. 42.2.5. Rate of Pay for Period of Paid Maternity Leave The rate of pay for the period of paid maternity leave will be based on the rate that would apply to the same period of annual leave calculated in accordance with clause 27.8. Allowances will not be paid. 42.2.6. Accrual of Service Related Benefits The period during which the flight crew member performs alternative duties and the period of paid maternity leave will count as service for all purposes of this Agreement. The period of unpaid maternity leave will not be taken into account when calculating the crew members length of service with the Company and will not give rise to accrued benefits. For other conditions refer to Company policy.
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42.3. Additional Maternity, Paternity and Adoption Leave Terms 42.3.1. Taking other leave entitlements in conjunction with maternity, paternity or adoption leave In conjunction with maternity, paternity or adoption leave, a flight crew member may take any (or any part of) accrued annual or long service leave entitlements in which case payment for annual leave and long service leave will be calculated in accordance with sub-clauses 27.8 and 27.14. 42.3.2. No sick leave payments during maternity, paternity or adoption leave Payments will not be made for sick leave occurring during a flight crew members approved period of maternity, paternity or adoption leave. 42.3.3. Leave not to count as service Subject to clause 42.2.6, absence from duty on maternity, paternity or adoption leave will not break the continuity of a flight crew members employment with the Company, but the leave period will not be taken into account in calculating the flight crew members length of service with the Company. 42.3.4. Relinquishing a vacancy if training not already commenced before maternity, paternity or adoption leave. If, before commencing maternity, paternity or adoption leave, a flight crew member has not commenced or completed transitional training for a vacancy already allocated, the flight crew member will relinquish the vacancy. 42.3.5. Applying for a promotion during maternity, paternity or adoption leave During maternity, paternity or adoption leave, a flight crew member may apply for a promotion or transfer to a higher category to fill a vacancy that occurs on an aircraft provided the training for that vacancy is planned to commence after the end of the maternity, paternity or adoption leave. 42.4. Paternity leave A flight crew member is entitled to be paid paternity leave pursuant to the Companys policy, which is seven (7) days paid leave.
43.
CARERS LEAVE AND CARERS LINES
43.1. Using accumulated personal leave for carers leave A flight crew member is entitled to use accumulated personal leave for carers leave provided the maximum number of days taken for carers leave in the current year does not exceed ten (10) days
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43.2. Unpaid carers leave A flight crew member may take unpaid carers leave by agreement with the Company. 43.3. Carers lines 43.3.1. General statement about the objectives sought via carers lines The provisions of this clause are designed to recognise the need to assist flight crew members to arrange their work in a way that will accommodate their obligations to their families, with the emphasis being to build sufficient stability into a line of flying since the predictability of working hours is important to enable a flight crew member to accommodate those responsibilities. A carers line offers greater rostering stability than that associated with a normal roster. Carers lines attract pro-rata pay and entitlements relative to the amount of work performed. 43.3.2. Meaning of responsibilities as a carer Pursuant to the Act, a reference to a flight crew members responsibilities as a carer is a reference to the flight crew members responsibilities to care for or support a family member as the substantive primary care giver, including: (a) Any child or step-child of the flight crew member (whether or not under the age of 18 years) who is: (i) (ii) (b) wholly or substantially dependent on the flight crew member; or in need of care or support.
Any child or adult who is in need of care or support and: (i) (ii) of whom the flight crew member is guardian; for whom the flight crew member has parental responsibility under a law of the Commonwealth or this State; or
(iii) in relation to whom the flight crew member is an authorised carer within the meaning of the Children and Young Persons (Care and Protection) Act 1998 (c) Any immediate family member of the flight crew member who is in need of care or support, being one of the following: (i) (ii) (iii) (iv) a spouse or former spouse of the flight crew member; a grandchild or step-grandchild of the flight crew member or of a spouse or former spouse of the flight crew member; a parent or step-parent of the flight crew member or of a spouse or former spouse of the flight crew member; a grandparent or step-grandparent of the flight crew member or of a spouse or former spouse of the flight crew member; or
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(v)
a brother or sister, or step-brother or sister, of the flight crew member or of a spouse or former spouse of the flight crew member.
Spouse means the husband or wife of a flight crew member or the other party to a de facto relationship with a flight crew member. 43.3.3. Evidence of responsibilities as a carer The Company may require a flight crew member to provide a statutory declaration (or other evidence to the Companys satisfaction) stating that he or she has responsibilities as the substantive primary care giver to care for or support a family member and to nominate the family member.
43.3.4. Notice for commencing and duration of a carers line (a) To assist the Company with planning, the following time periods will apply: (i) a flight crew member who wants to work a carers line will give the Company at least 4 bid periods notice of his or her intention to access a carers line and, where applicable, state the estimated period that the flight crew member wants to work a carers line.
(ii)
a flight crew member who wants to work a carers line will commit to working a carers line for at least 6 bid periods. (iii) a flight crew member who wants to return to flying a normal bid line will give the Company at least 4 bid periods notice of his or her intention to do so. (d) (b) a carers line cannot be commenced or discontinued part way through a bid period.
In exceptional circumstances or for compassionate reasons, the Company may agree to reduce or waive the time periods specified in this clause.
43.3.5. Nominating the hours of work A flight crew member who wants to work a carers line must nominate: the percentage of seventy eight (78) hours that he or she is prepared to work (the nominated percentage) but the nominated percentage cannot equate to less than thirty nine (39) hours; the days on which he or she does not want to work (the nominated non-work days).
43.3.6. Constructing a carers bid line If a flight crew members nominated percentage and the nominated non-work days meet with the Companys approval:
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(a)
the Company will construct a bid line for each carer commensurate with his or her relative seniority using the nominated percentage (plus or minus 5 hours provided, however, the hours in the bid line can not be less than 39 hours) and taking into account the nominated non-work days; where the nominated non-work days preclude the construction of a bid line equivalent to the nominated percentage (plus or minus five (5) hours), the Company will construct a bid line for the maximum number of projected credited hours possible (but, in any event, the carers bid line will be constructed having a credited hours value of at least thirty nine (39) hours. The carer is entitled to bid for, and be awarded, open time flying commensurate with his or her seniority in order to increase planned credited hours to the nominated percentage.
(b)
43.3.7. Recovering time lost from a pattern If a carer loses hours he or she will be given priority as a short of time flight crew member for the allocation of open time flying in order to recoup the hours lost. 43.3.8. Maximum window of hours of work Despite the provisions in the Rostering Manual relevant to a short of time flight crew member, the maximum window of hours that a carer acting as a carer can choose to work, or that the Company can require the flight crew member to work, is the carers nominated percentage plus 5 hours. 43.3.9. Returning a carer to base after a down line disruption In the event of down line disruption, the Company will do whatever is reasonably possible (taking into account the economic costs & operational considerations) to return the carer to his or her base station on the day the original pattern was scheduled to conclude. If that is not reasonably possible, the Company will use its best endeavours (again, taking into account the economic costs & operational considerations) to return the carer to his or her base station as soon as it is reasonably practicable. The decision of the relevant Fleet Manager or Duty Captain on this matter will be final. 43.3.10. Reserve 43.3.10.1. At the time of constructing a carers line, the Company may allocate reserve duty to the flight crew member in accordance with this clause: (a) where the flight crew members nominated percentage is equal to or less than 50% the Company must not allocate more than 1 day of reserve duty to a flight crew member; where the flight crew members nominated percentage is greater than or equal to 51% but less than or equal to 66% the Company must not allocate more than 2 days of reserve duty to a flight crew member; and
(b)
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(c)
where the flight crew members nominated percentage is greater than or equal to 67% the Company must not allocate more than 3 days of reserve duty to a flight crew member;
provided also that the Company must not allocate a reserve duty on any nominated non-work days. 43.3.10.2. Where flying is assigned to a flight crew member on the day of the flight crew members allocated reserve duty, the restriction in accordance with this clause (i.e. limiting the maximum window of hours of work to the Employees nominated percentage plus 5 hours) will not apply. 43.3.11. Training after a period of approved absence 43.3.11.1. Where a flight crew member returns to work after a period of approved leave and wants to access a carers line, the Company will provide recency flying, cyclic training sessions, route qualifications and any further training as may be necessary in order to qualify the flight crew member for his or her return to line flying, but all such training will be carried out on the basis that the flight crew member is given a normal roster for a bid period. 43.3.11.2. Once cleared to the line, but before commencing a carers line, a flight crew member may be required to fly a normal bid line for up to one full bid period for the purposes of consolidation flying. 43.3.12. Licensing, training and performance A flight crew member who works a carers line must ensure that he or she meets all relevant aviation regulatory authority licensing requirements, and maintains the Companys required standard of performance and route qualifications in compliance with the Agreement. 43.3.13. Pay and entitlements Where a carers nominated percentage is less than 100%, the applicable pay and rate of accrual of an entitlement will be calculated as set out in the table below: Nature of Rate of accrual of entitlement Entitlement Pro-rata, based on nominated Minimum Guarantee of 58 percentage (i.e. 58 hours hours per bid multiplied by the carers nominated percentage). period Annual Leave Entitlement accrued normally (i.e. 42 days incl. Saturdays, Sundays and Public Holidays for each completed year of service) Payment method Paid at 58 hours multiplied by the carers nominated percentage multiplied by the carers applicable hourly rate. Paid in accordance with clause 27.8 of this Agreement. Note: If the period of a carers line occurs within the 12 month period for calculating annual leave pay, it will be included in
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the calculation. Long Service Leave Entitlement accrued normally (i.e. in accordance with Company Policy). Paid in accordance with clause 27.14 of this Agreement. Note: If the period of a carers line occurs within the 12 month period for calculating annual leave pay, it will be included in the calculation. Paid in accordance with clause 27.9 and 27.10 of the Agreement to a maximum of the carers pro-rated minimum guarantee, with topping up available to the carers nominated percentage. Normal documentation requirements. Pro-rata contribution, based on nominated percentage Paid in accordance with clause 33 of this Agreement.
Sick leave/Personal Pro-rata, based on nominated percentage. Leave
Superannuation
Reserve Duty
Parental Leave Carers leave (i.e. up to 5 days per year of personal leave entitlement)
Pro-rata superannuation contribution, based on nominated percentage. Number of reserve duties allocated according to fixed range values of nominated percentage, i.e.: 50% = 1 day; 51% - 66% = 2 days; 67% = 3 days. Entitlement accrued normally Pro-rata, based on nominated percentage.
Paid or unpaid leave See payment method for sick leave/personal leave.
43.3.14. Effect of carers line on continuous service Despite any employment agreement or other provision to the contrary, commencement of a carers line, and return from a carers line to a normal roster, in accordance with this clause does not break the continuity of service of a flight crew member. 43.3.15. Loss of Licence Carers will be covered for loss of licence benefits under the Loss of Licence Insurance Plan (the LOL Plan), pursuant to clause 24 of the Agreement provided however, if a flight crew member continues to work a carers line for a period of two years or more, the Company reserves the right to require the flight crew member to contribute towards the payment (as set out in the following clause) of the premium
payable under the LOL Plan, subject to establishing the legality of such an arrangement. Formula for calculating a carers contribution to the LOL Plan premium. Commencing two years after a flight crew member first commences working a carers line, the carer will reimburse the Company for a pro rata proportion of the premium payable by the Company under the LOL Plan for coverage of an individual flight crew member. The carers percentage contribution towards the premium will be calculated as the difference between 100% and the carers nominated percentage.
44.
LEAVE OF ABSENCE WITHOUT PAY
44.1. Entitlement to leave of absence without pay 44.1.1. A flight crew member may upon written request, be granted leave of absence without pay by mutual agreement. 44.1.2. The Company may suspend the contract of employment of a flight crew member who has been granted leave of absence without pay for the period of the absence, provided that the flight crew members seniority will be preserved. 44.1.3. A flight crew member employed under this Agreement after 13 September, 1992 who engages in other employment whilst on approved leave of absence will forfeit seniority for the period of the absence unless special permission in writing has first been obtained from the Company. 44.1.4. In the event of a national emergency being proclaimed by the Government of the Commonwealth of Australia, a flight crew member volunteering for or ordered to serve in the armed forces will retain seniority for the period of such service, however extended. 44.1.5. A flight crew member returning to duty after leave of absence will assume a position in accordance with his/her seniority, subject to a satisfactory medical examination and a reasonable qualifying period not to exceed six (6) months, or under such other arrangements as were a condition of the leave being granted. 44.2. Extended leave of absence without pay A flight crew member who desires to take extended leave of absence without pay for a period of more than twelve (12) months and up to three (3) years (and up to five (5) years for parental leave purposes) and who cannot be accommodated under the provisions of sub-clause 44.1 of this Agreement, may upon written request to the Company be granted extended leave upon terms and conditions agreed between the Company and the flight crew member, subject to the following:
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(a)
the flight crew members seniority number would be "frozen" during the period of extended leave unless, during the leave the flight crew member gains experience or qualifications that directly benefit the Company's operation, and in that event, the flight crew members seniority position may (if the Company and the Association agree) revert to the position that the flight crew member would have achieved if extended leave had not been taken; the flight crew member would not be eligible for superannuation contributions during the leave; the flight crew member would not be eligible for staff travel entitlements during the leave; the flight crew member may be required to take all accrued annual and long service leave before commencing the period of extended leave but the annual and long service leave will not be taken so as to increase the period of extended leave; the flight crew members return to work with the Company would be dependant upon the Company's recruitment requirements for flight crew members at the time the flight crew member seeks to return to work; the flight crew member will give the Company six (6) months' notice of his or her intention to seek to return to work, subject to the Company's recruitment requirements at the time; upon seeking to return to work and subject to availability of positions with the Company, the flight crew member may exercise his or her seniority number (frozen at the point of commencing leave unless the Company corrects the seniority position with the Association's consent) to bid for any available positions; upon the flight crew member returning to work, the provisions of sub-clause 44.1.5 relating to medical examination and qualifying period will apply; approval for extended leave will not normally be given for a flight crew member to fly for any airline operating in direct competition with the Company; if, during the period of extended leave, the flight crew member works for a competitor airline without the Company's approval, the Company reserves the right to terminate the flight crew members contract of employment; each application for extended leave of absence will be dealt with on a case by case basis; and the terms of this sub-clause 44.2 are not intended to apply in the event of there being a surplus of flight crew members.
(b) (c) (d)
(e)
(f)
(g)
(h) (i) (j)
(k) (l)
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PART 8 TRAVELLING & WORKING AWAY FROM HOME
45.
DAILY TRAVELLING ALLOWANCE
45.1. Hourly rate for Daily Travelling Allowance When away from base on duty a flight crew member will be paid a Daily Travelling Allowance (DTA) as follows: (a) From 1 September 2007, a Captain will receive DTA calculated in accordance with Table 3 of the ATO reasonable travel and meal allowance expense amounts at a rate of $5.81 from 1 September 2007 for each hour or part hour calculated from sign on to sign off at the flight crew members base; First Officers will receive DTA in accordance with Table 2 of the ATO reasonable travel and meal allowance expense amounts at a rate of $4.94 from 1 September 2007 for each hour or part hour calculated from sign on to sign off at the flight crew members base.
(b)
45.2. Annual review of Daily Travelling Allowance hourly rate The hourly rate for DTA will be adjusted annually (if necessary) in accordance with the understanding between the Company and the Association.
46.
ACCOMMODATION AND TRANSPORT
46.1. Flight crew members to be provided with first class accommodation and transport When away from base on duty a flight crew member will be provided with first class overnight accommodation and with transport from the airport to the place of accommodation and return. 46.2. Flight crew members using alternative accommodation If a flight crew member notifies the Company twenty-four (24) hours or more in advance of sign-on or on being assigned flying, whichever event occurs last, of his or her intention not to use the regular accommodation arranged in accordance with this clause 46, the flight crew member will be: 46.2.1. paid an allowance of $49.90 on each occasion when such accommodation is cancelled; or 46.2.2. provided by the Company with transport between the air terminal and the place of alternative accommodation and return, up to a distance of thirty (30)kms.
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46.3. Company to consult Association accommodation arrangements
when
establishing,
renewing
or
reviewing
The Company will consult with the Association's Accommodation representatives in a timely, constructive manner on each occasion of establishing, renewing or reviewing any flight crew member accommodation arrangements.
47.
DUTY TRAVEL
47.1. Travel in the highest class available 47.1.1. The Company will, in accordance with the provisions of this clause, provide duty travel for flight crew members, in the highest class available, in order to position them for duty and return them to their base stations to complete duty. 47.1.2. Subject to sub-clause 47.1.3 flight crew members are entitled to duty travel in first class or business class, whatever is the highest class available but there is no entitlement to a specific seat in first or business class. 47.1.3. A flight crew member will accept duty travel in the highest class available where, subject to sub-clause 47.1.4, there is no alternative flight that will enable the flight crew member to travel first class or business class and complete his or her rostered duties. 47.1.4. Sub-clause 47.1.3 does not apply where the over-sale of first class seats or business class seats is the reason for first class or business class travel not being provided by the Company. 47.1.5. Nothing in this clause prevents a flight crew member from accepting a particular class of duty travel. 47.1.6. Nothing in this clause removes a flight crew members right to require a particular class of travel in order to satisfy the requirements of CASA with respect to having adequate rest and being fit to perform duty as required. 47.1.7. All tickets will be endorsed so as to allow first class travel or business class travel. 47.2. Travel on all economy services Where a flight crew member is required pursuant to sub-clause 47.1.3 to travel on an all economy service the following will apply: (a) (b) the Company will allocate flight crew members seating in the highest class seat fitted to the aircraft; where the aircraft is only fitted with economy class seats the Company must make every reasonable and practicable effort to allocate flight crew members a seat that is in either an emergency exit row or a bulkhead row; and the seat adjacent to the flight crew members seat can be sold but must be the last seat allocated on the aircraft at the time of boarding.
(c)
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47.3. Administration and undertakings for duty travel 47.3.1. In meeting its obligations pursuant to this clause the Company must make every effort to ensure that flight crew members are allocated duty travel or seating arrangements pursuant to this clause and will make every effort to accommodate a flight crew members request for a particular seat. 47.3.2. The Company warrants that it will put administrative procedures in place to allow it to provide flight crew members with their duty travel entitlement and seating arrangements pursuant to this clause.
48.
DEADHEAD VARIATION POLICY
48.1. Approval to vary duty travel arrangements The Company will approve a flight crew members requested variations on the duty travel arrangements planned by the Company subject to the provisions in this clause 48. 48.2. No variations will be approved where it will prevent the performance of a flight crew members duty 48.2.1. The Company will not approve any variations to the planned duty travel arrangements where the alternative travel arrangements will prevent the flight crew member from performing his or her rostered duties or will infringe the flight crew members rostering limits or flight and duty time limits. 48.2.2. Nothing in this clause 48 prevents the Company from approving alternative duty travel arrangements in compassionate or extraordinary circumstances. 48.3. Class of travel for alternative deadhead variations 48.3.1. All tickets for alternative deadheading arrangements that involve deadheading on the same day but at an earlier time than originally planned will be issued as positive space economy class tickets upgradeable on a space available basis to the highest class available on Qantas mainline services (provided that an economy seat is available on the aircraft at the time that the booking is made). 48.3.2. Tickets for all other alternative deadheading arrangements will be issued as space available economy class tickets, upgradeable to the highest class available on Qantas mainline services, with a staff travel concessional priority. 48.3.3. For the purpose of this sub-clause 48.3, the first available flight before the flight originally planned by the Company fulfils the "same day" requirement. 48.4. Payment for deadheading based on originally planned travel Payment for the alternate deadhead travel will be based on the originally planned deadhead travel arrangements.
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48.5. Accommodation and Allowances 48.5.1. Flight crew members will be paid allowances based on the duty travel arrangements originally planned by the Company or the alternative deadheading arrangements requested by the flight crew member, whichever is less. 48.5.2. The Company is not obliged to provide accommodation or transport where a flight crew members duty travel arrangements originally planned by the Company did not require the Company to provide accommodation or transport.
49.
CONDITIONS GOVERNING TRAINING AT A LOCATION AWAY FROM A FLIGHT CREW MEMBER'S BASE
49.1. Scope of application of clause 49.1.1 The benefits under this clause apply to a flight crew member who undertakes training at a location in Australia: (a) (b) away from his/her base (subject to clause 49.1.2(b)); or at the flight crew members base but at a location that is more than 200 kilometres from his/her place of residence (where the flight crew members base and place of residence are in the same Australian State or Territory).
49.1.2
The benefits under this clause do not apply to a flight crew member who undertakes training: (a) (b) at his/her base and the flight crew members place of residence is within 200 kilometres of the location of the Training; or away from his/her base and the flight crew members place of residence is within 200 kilometres of the location of the training.
49.2 Company will provide accommodation and transport or an allowance 49.2.1 Where the benefits under this clause apply to a flight crew member the Company will: (a) (b) supply the flight crew member with accommodation, transport and DTA for the time that s/he is at the location of the Training (Option 1); or pay an allowance to the flight crew member in accordance with this clause (Option 2A or Option 2B).
49.3. Option 1 Company to provide accommodation and transport 49.3.1 Where a flight crew member elects Option 1 (or clause 49.5.2 applies) the Company will provide:
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(a) (b)
accommodation for the period that the flight crew member is away from his/her base and/or place of residence in accordance with the terms of this Agreement; duty travel between the flight crew members base and the location of the training in accordance with the terms of this Agreement at the beginning and end of any period of training and at least once each seven (7) days; DTA in accordance with the terms of this Agreement for the period that the flight crew member is away from his/her base and/or place of residence; and transport to and from a flight crew members accommodation and the place of training or the airport.
(c) (d) 49.3.2
In all other respects the terms of this Agreement will continue to apply.
49.4. Option 2A and Option 2B - Accommodation and Transport Allowance 49.4.1 49.4.2 The Company will provide either Option 2A or Option 2B at a flight crew members election. Where a flight crew member elects Option 2A the Company will provide: (a) an allowance equal to the cost to the Company of providing the accommodation pursuant to Option 1 for five (5) nights accomodation in each seven (7) day period (Option 2A); DTA in accordance with the terms of this Agreement for the period that the flight crew member is away from his/her base and/or place of residence; and air transport between the flight crew members base and the location of the training at the beginning and end of any period of training and at least once each seven (7) days.
(b) (c)
Option 2A Example (Melbourne, Sofitel)(7 day period) Option 2A accommodation and transport allowance DTA for five (5) days @ $5.38 per hour Total weekly allowances = $585.00 = $645.60 = $1230.60
Note: plus air transport between the flight crew members base and the location of the Training at the beginning and end of any period of Training and at least once each seven (7) days. 49.4.3 Where the flight crew member elects Option 2B the Company will provide: (a) an allowance equal to the cost to the Company of providing the accommodation pursuant to Option 1 for each night from the first day of the training until completion of the training (Option 2B); and DTA in accordance with the terms of this Agreement from the first day of the training until completion of the training.
(b)
Option 2B Example (Melbourne, Sofitel)(7 day period)

Option 2B accommodation and transport allowance DTA for seven (7) days @ $5.38 per hour Total weekly allowances Note: no air transport provided. 49.4.4
= $819.00 = $903.84 = $1722.84
In all other respects the terms of this Agreement will continue to apply.
49.5. Flight crew members must elect to take Option 1 or Option 2 49.5.1 A flight crew member must elect either Option 1, Option 2A or Option 2B at least twenty-eight (28) days before the first day of the training or, where the flight crew member receives less than twenty-eight (28) days notice of the commencement date of the training, the flight crew member must make an election within seven (7) days of the date that he or she is informed of the commencement date of the training (the election date). Where a flight crew member does not make an election by the election date, Option 1 will apply.
49.5.2
49.6. DTA and accommodation and transport allowance to be paid in advance The Company will pay a flight crew members DTA and any accommodation and transport allowance (where applicable) for the anticipated total duration of the training, in advance, on the pay date immediately preceding the commencement of the training. 49.7. Failure to qualify A flight crew member who fails to qualify for a Captain or First Officer position on a long haul aircraft will be subject to the provisions of clause 20 of this Agreement. 49.8. Relocation reimbursement associated with failure to qualify for an assigned position Where the Company compulsorily requires a flight crew member to relocate to another base to take up a Captain or First Officer position in that other base and the flight crew member fails to qualify for the position, the Company and the Association will negotiate the conditions to apply to the flight crew member having regard to the then current relevant taxation legislation and the Company's policy on the relocation of employees (including the reinstatement of an employee to his/her previous place of residence).
50.
ACCESS TO QANTAS CLUB For duty travel purposes, Captains and First Officers will have access to the Qantas Club (or such replacement facility as may exist from time to time).
51.
BOTTLED WATER PROVISION An operating crew (two (2) flight crew members) are entitled to a bottle(s) of distilled mineral water on all flights.
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PART 9 TRAINING & RELATED MATTERS 52. TRAINING AND QUALIFICATION
52.1. General 52.1.1. In respect of any training that a flight crew member is required to undertake at a location in Australia away from base, the Company will meet the associated costs of transport (to and from the hotel and the training facility and/or the airport) and accommodation and will pay DTA for all time the flight crew member is away from base. 52.1.2. To be considered sufficiently qualified for commencement of training for promotion and/or transfer to another aircraft type, a flight crew member must satisfy the qualification requirements set out in clause 16. 52.1.3. A flight crew member will normally be given at least three (3) weeks' notice of the commencement date of promotional and/or aircraft type transfer training. At the commencement of such training the flight crew member will be given details of the planned arrangements for the training. 52.2. Licence renewal, training flying and flight simulator training 52.2.1. A flight crew member undergoing licence renewal or training flying or simulator training is entitled to see a copy of the instructor's or check flight crew members report on the licence renewal or training and will acknowledge this by signing it or electronically acknowledging the report. 52.2.2. A flight crew member will not be scheduled to undertake more than four (4) hours of simulator duty in any single day. Briefing and de-briefing time will not normally exceed one (1) hour and fifteen (15) minutes or two (2) hours in the case of conversion training in total. 52.2.3. Licence renewal checks may be conducted in the simulator in accordance with the Companys and CASAs requirements. The checks will be subject to the following conditions: (a) briefing time will not normally exceed one hour and de-briefing time will not normally exceed fifteen (15) minutes; or, alternatively, briefing time will not normally exceed forty five (45) minutes and de-briefing time will not normally exceed thirty (30) minutes. if the simulator is below level four (4) standard, adequate time will be given to a flight crew member to adapt to the particular characteristics of a simulator before the commencement of a licence renewal check; and each flight station in a simulator will be manned during licence renewal checks.
(b)
(c)
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PART 10 ACCIDENTS & INCIDENTS, ACCIDENT PAY AND UNIFORMS
53.
ACCIDENTS AND INCIDENTS
53.1 Notwithstadning anything contained in this Agreement to the contrary, the Company may elect to hold a flight crew member out of service with pay during an investigation into an accident or incident in which he or she may have been involved. 53.2 A flight crew member who is involved in, or questioned in relation to, an accident or incident will be entitled to be represented and assisted at all times by a designated Association representative and/or by fellow flight crew members of his or her choice. 53.3 For the purpose of assisting a flight crew member in any investigation, the Association will have the right to nominate representatives who will act as observers and be present at all stages of a Company investigation into an accident or incident. The Associations representative will have the right to submit a report on the investigation that will form part of the final report of the investigating board.
54.
WORKERS COMPENSATION AND ACCIDENT PAY A flight crew member is entitled to workers compensation in accordance with the relevant legislation of the State in which the flight crew member is employed by the Company, together with accident pay in accordance with the Companys Flight Administration Manual.
55.
UNIFORMS
55.1. The Company will provide each flight crew member with a uniform and the flight crew member will wear such uniform on duty as and when required by the Company. 55.2. The Company will replace a flight crew members uniform from time to time as appropriate as a result of fair wear and tear in relation to duty but the flight crew member will bear the cost of replacing an item of uniform if that becomes necessary due to the flight crew members negligence. 55.3. The Company will consult with the Association in relation to all proposals to alter or review the uniform or any part of it and will provide sufficient opportunity for flight crew members to provide suggestions and comments regarding a review and to review proposed new garments ahead of any commitment by the Company to introduce them.
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PART 11 - APPENDICES
Appendix A Flight crew members Annual Leave Due Month Chart

NOTE: Flight crew members note their start year and month, and then follow their entitlement month down the chart each year up until the year 2018 Year Flight Month Flight crew member Started and Relevant Month for Annual Leave Accrual crew member Started 1989 JAN FEB MAR APR MAY JUN OCT NOV DEC JUL AUG SEP 1990 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC 1991 APR MAY JUN JAN FEB MAR JUL AUG SEP 1992 JAN FEB MAR APR MAY JUN OCT NOV DEC JUL AUG SEP 1993 JAN FEB MAR MAY JUN JUN JUL AUG SEP OCT NOV DEC 1994 MAR APR MAY JUN JAN FEB FEB NOV DEC JUL AUG SEP OCT OCT 1995 JAN FEB MAR APR JUN AUG SEP OCT NOV DEC JUL JUL 1996 APR MAY JUN JAN FEB MAR MAR DEC JUL AUG SEP OCT NOV NOV 1997 JAN FEB MAR APR MAY SEP OCT NOV DEC JUL AUG AUG 1998 MAY JUN JAN FEB MAR APR APR JUL AUG SEP OCT NOV DEC DEC 1999 JAN FEB MAR APR MAY JUN OCT NOV DEC AUG SEP SEP 2000 JUN JAN FEB MAR APR MAY MAY JUL AUG SEP OCT NOV DEC 2001 FEB MAR APR MAY JUN JAN JAN NOV DEC JUL SEP OCT OCT 2002 JAN FEB MAR APR MAY JUN JUN JUL AUG SEP OCT NOV DEC 2003 MAR APR MAY JUN JAN FEB FEB DEC JUL AUG OCT NOV NOV 2004 JAN FEB MAR APR MAY JUN AUG SEP OCT NOV DEC JUL JUL 2005 APR MAY JUN JAN FEB MAR MAR JUL AUG SEP NOV DEC DEC 2006 JAN FEB MAR APR MAY JUN SEP OCT NOV DEC JUL AUG AUG 2007 MAY JUN JAN FEB MAR APR APR JUL AUG SEP OCT DEC 2008 FEB MAR APR MAY JUN JAN JAN
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2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
OCT JUN MAR NOV AUG APR DEC SEP MAY JAN OCT JUN FEB NOV JUL
NOV JUL APR DEC SEP MAY JAN OCT JUN FEB NOV JUL MAR DEC AUG
DEC AUG MAY FEB OCT JUN MAR NOV JUL APR DEC AUG MAY JAN SEP JAN SEP JUN MAR NOV JUL APR DEC AUG MAY JAN SEP JUN FEB OCT FEB OCT JUL APR DEC AUG MAY JAN SEP JUN FEB OCT JUL MAR NOV
JUL MAR NOV AUG MAY JAN SEP JUN FEB OCT JUL MAR NOV AUG APR DEC
AUG APR JAN SEP JUN FEB OCT JUL MAR NOV AUG APR DEC SEP MAY
SEP MAY FEB OCT JUL MAR NOV AUG APR DEC SEP MAY JAN OCT JUN
SEP MAY FEB OCT JUL MAR NOV AUG APR DEC SEP MAY JAN OCT JUN
102
This Policy is distributed for reference purposes only and does not form part of the Agreement
Appendix B Loss of Licence Insurance Policy
QANTAS AIRWAYS LIMITED LOSS OF LICENCE INSURANCE POLICY

PART 1: CONTRACT OF INSURANCE BETWEEN THE INSURER AND THE INSURED
POLICY REPRESENTS THE ENTIRE CONTRACT This policy represents the entire contract between the Insured and the Insurer. INDEMNITY In consideration of payment by the Insured to the Insurer of the Premium shown in The Schedule, the Insurer agrees, subject to the terms, conditions and exclusions set out in this policy, to indemnify the Insured against loss arising from the Insureds obligations to provide Loss of Licence benefits as agreed, to Technical Aircrew Employees which occur during the Period of Insurance. PREMIUM 3.1 Except in so far as Part 2 clauses 2.1 to 2.4 apply, the Premium payable will be an amount agreed in writing between the Insured and the Insurer and the rates of Premium payable by the Insured will remain fixed for the Period of Insurance specified in The Schedule to this policy. The rates of Premium payable for any period subsequent to the Period of Insurance will be determined by the Insurer and may thereafter be the subject of further determination by the Insurer from time to time upon giving 60 days notice to the Insured of its intention to review the Premium. PREMIUM DUE DATE The Premium will fall due and be payable on the Premium Due Date. Where the Premium is not received by the Insurer within 90 days of the Premium Due Date, this policy will terminate with effect from that Premium Due Date, subject to clause 5. PAYMENT OF PREMIUM Where it has been agreed in writing between the Insurer and the Insured that the Premium is to be paid in two instalments, 50% of the total annual Premium will be payable on the Premium Due Date and the remaining 50% of the total annual Premium will be payable six (6) months after the Premium Due Date. EXCESS 6.1 The Insurer will not be liable for any loss of licence(s) benefits or Monthly Benefits within the meaning of this policy that are under A$3,900,000 in any one Period of Insurance. 6.2 All loss of licence benefits under A$3,900,000 are the responsibility of the Insured.
103
THE SCHEDULE INSURER: Southern Cross Insurance Pte Limited Qantas Airways Limited, Sunstate Airlines (QLD) Pty Limited, Eastern Airlines Pty Limited and/or controlled and/or managed and/or subsidiary companies for their respective rights and interests, for and on behalf of individual insured persons and/or as original. Principally international and domestic airline operators, including but not limited to cargo freight forwarders, engineers, software developers, caterers, tour operators/travel agents, owners and operators of major and remote airports and associated passenger support facilities, owners and operators of resort/hotels, property owners, investors and/or any other occupation incidental thereto or in which the Insured may become engaged during the Period of Insurance.
INSURED:
THE BUSINESS:
PERIOD OF INSURANCE: 31 March 2006 to 31 October 2007 The Insureds obligation to provide Loss of Licence benefits as agreed, to Technical Aircrew Worldwide As agreed between the Insured and the Insurer As notified by the Insurer to the Insured
INTEREST INSURED:
GEOGRAPHIC LIMITS:
PREMIUM:
PREMIUM DUE DATE:
104
PART 2:
CONDITIONS GOVERNING APPLICATION OF THE CONTRACT OF INSURANCE BETWEEN THE INSURED AND TECHNICAL AIRCREW EMPLOYEES INTERPRETATION
SECTION 1: 1.1
Contract conditions These conditions comprise part of the policy of insurance between the Insured and the Insurer and govern the Loss of Licence Insurance Agreement between the Insured and Technical Aircrew.
1.2
Conditions precedent So far as the context will permit, all the terms of this policy which require performance by the Insured or Technical Aircrew Employees are conditions precedent to the Insurer to pay the benefits set out in this policy.
1.3
Headings, grammar & references 1.3.1 Headings are included for ease of reference only and are not intended to form part of the text of these conditions or to be used as a guide to the construction of the various clauses. Where a word or phrase is defined, its other grammatical forms have a corresponding meaning. The singular includes the plural and vice versa. Words implying a gender imply any gender. A reference to any party in this policy or any other agreement or document or attachment includes the partys successors, substitutes or assigns. A reference to any agreement or document or attachment is to that agreement or document or attachment as amended, novated, supplemented, varied or replaced from time to time by agreement of the parties. A reference to any legislation or any section or provision thereof includes any statutory modification or re-enactment thereof or any statutory provision substituted therefor and any ordinances, by-laws, regulations or other statutory instruments issued thereunder.
1.3.2
1.3.3 1.3.4 1.3.5
1.3.6
1.3.7
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1.4
Currency and Governing Law This policy will be read, constructed and subject to the laws of New South Wales and all monies payable under it are payable in Australian currency.
1.5
Alterations or Variations No alteration or variation of these conditions will be effective unless made in writing by the Insurer with the written agreement of the Insured.
1.6
Notices In order to be effective any notice given pursuant to this policy must be given in writing.
1.7
Definitions The words listed below have the following meanings. Where they are used in the policy, the first letter of the word appears in capital letters and the word itself appears in bold print. 1.7.1 Age means the number of birthdays attained as at the Date of Commencement of Disability. Authority means the Civil Aviation Safety Authority or any predecessor or successor body responsible for the granting, validation, cancellation or suspension of Licences. Aviation Medical Examiner means a medical examiner who is appointed or designated by the Authority and is approved to issue medical certificates for the issue or validation of a Licence/Licences. Capital Benefits means the amount payable under Part 2, Section 3, clause 3.1.1 as indexed from time to time in accordance with clause 3.4. Date of Commencement of Disability means the date on which the Authority cancels, suspends or refuses to renew a Technical Aircrew Employees Civil Aviation Medical Certificate. Existing Technical Aircrew Employees means those permanent employees of the Insured not employed pursuant to individual service contracts (unless, pursuant to the relevant service contracts, those employees are specifically covered under the Insureds loss of licence policy) or on secondment from other airlines employed as Technical Aircrew as at 1st November, 1990 and holding a Licence then current, entitling them to serve as Technical Aircrew on the Insureds aircraft.
1.7.2
1.7.3
1.7.4
1.7.5
1.7.6
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1.7.7
Inflation Index means the indexation factor produced by the formula:A B Where: A is the latest Seasonally Adjusted Average Weekly Earnings (All Employees Total Earnings) Indices published by the Australian Bureau of Statistics prior to 1 November each year; and B is the latest Seasonally Adjusted Average Weekly Earnings (All Employees Total Earnings) Indices published prior to 1 November in the year immediately preceding the publishing of A; And PROVIDED THAT the sum produced cannot be less than one. If the Australian Bureau of Statistics or its successor fails to publish a Seasonally Adjusted Average Weekly Earnings (All Employees Total Earnings) Index in any year the Insurer will nominate the index which most nearly replaces it. The effective date of indexation is 1 November each year.
1.7.8
*Licence means any of the following licences granted to Technical Aircrew Airline Transport Pilot Licence; (a) (b) (c) Airline Transport Pilot Licence; Commercial Pilot Licence; Flight Engineer Licence.
If the name or designation of any Licence is modified from time to time by the Authority, the definition of Licence will include such Licences as most nearly correspond to those listed above. 1.7.8 1.7.9 Medical Adviser means a medical practitioner nominated by the Insurer. Medical Referee means a specialist medical practitioner with the appropriate qualifications and experience in the area of medicine relevant to the matter of a dispute and who is not the employ of the Insured or the Insurer. Monthly Benefits means any amounts paid by the Insurer pursuant to clause 3.2.1. Post-Injury Salary means the monthly rate of remuneration of the Technical Aircrew Employee derived from his or her employment with the Insured in any capacity following the resumption of active duties with the Insured after the Date of Commencement of Disability.
1.7.10 1.7.11
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1.7.12
Pre-Injury Salary means the monthly rate of remuneration of the Technical Aircrew Employee derived from his or her employment with the Insured as a Technical Aircrew Employee prior to the Date of Commencement of Disability as determined by reference to the Technical Aircrew Employees Group Certificate but not including daily travelling allowance for the last complete financial year preceding the Date of Commencement of Disability. Where no such Group Certificate exists to which reference may be made, the monthly rate of remuneration will be the amount which the Insured in its discretion considers most nearly corresponds to that amount. Technical Aircrew Employees means those permanent employees of the Insured not employed pursuant to individual service contracts (unless, pursuant to the relevant service contracts, those employees are specifically covered under the Insureds loss of licence policy) or on secondment from other airlines who hold a current Licence entitling them to serve on the Insureds aircraft and who are obliged by law to hold such a Licence in order to perform their employment duties with the Insured.
1.7.13
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SECTION 2: 2.1
COMMENCEMENT AND TERMINATION OF INSURANCE
Cover for Existing Technical Aircrew Employees All Existing Technical Aircrew Employees are, subject to the terms of this policy, entitled to benefits in the amounts in accordance with the Schedule of Benefits. Cover for new employees Cover for a new employee commences from the date of commencement of employment with the Insured as a Technical Aircrew Employee.
2.2
2.3
Cover for a new employee whose Licence was previously lost on medical grounds A Technical Aircrew Employee whose Licence was previously accepted as permanently lost on medical grounds under this policy or its predecessors, is entitled to coverage up to the maximum limit as per Schedule B of the Schedule of Benefits, except for an illness or injury for which the Technical Aircrew Employee has previously been paid the Capital Benefit under this policy or a lump sum payment under this policy's predecessors. Coverage will be extended to that provided under Schedule A of the Schedule of Benefits unless either the Insurer, the Insured or the Australian and International Pilots Association objects to this extension of coverage.
2.4
Termination of Insurance Insurance in respect of an individual Technical Aircrew Employee will cease upon the earliest of the following events: 2.4.1 or 2.4.2 The date on which the Technical Aircrew Employees employment ceased with the Insured unless a claim for benefits under this policy has been received by the Insurer prior to the date of cessation of employment; Termination of this policy. The date of payment of a Capital Benefit under this policy to the Technical Aircrew Employee;
or 2.4.3
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SECTION 3: 3.1 3.1.1
BENEFITS
Capital Benefits - Lump Sum Payments Conditions to be met for payment of Capital Benefits Subject to the exceptions outlined in clauses 3.1.2 and 3.5, a Technical Aircrew Employee will be paid the Capital Benefit specified in Schedule A of the Schedule of Benefits provided the following conditions are met: (a) the Technical Aircrew Employees Licence or Licences are invalid because the medical certification for the relevant Licence has been cancelled or suspended or renewal of a Medical Certificate has been refused by the Authority so that the Technical Aircrew Employee is no longer licensed to serve as Technical Aircrew on the Insureds aircraft; AND (b) such cancellation, suspension or refusal to renew arises from the failure of the Technical Aircrew Employee to meet the medical standards set by the Authority in respect of the validation of such Licence or Licences; AND (c) the medical condition giving rise to that failure is unlikely to alter in a twenty four (24) month period from the Date of Commencement of Disability, whether as a result of treatment or otherwise, with the result that the Technical Aircrew Employee will be unable to regain a valid Licence/Licences within the 24 month period,
PROVIDED THAT in no case will the benefit payable under this clause exceed the Technical Aircrew Employees Pre-Injury Salary projected to his/her last known retirement date. 3.1.2 Deduction of payments made under Monthly Benefits and/or the Qantas Personal Accident Scheme A Technical Aircrew Employee who is entitled to a Capital Benefit under 3.1.1 or Section 5 will be paid the amount of the entitlement under the Schedule of Benefits less any payments previously made to the Technical Aircrew Employee under 3.2.1 (or, where applicable, under the Qantas Personal Accident Scheme) in respect of the same disability. Such deduction will not be greater than the relevant amount in Schedule B of the Schedule of Benefits.
110
3.2
Monthly Benefits 3.2.1 Insurers discretion to pay Monthly Benefits Where a Technical Aircrew Employee is unable to carry out normal flight duty as a result of bodily injury or illness or natural deterioration (i.e. medical condition of the body or part thereof not attributable to any detectable clinical symptom or injury) monthly Loss of Licence Insurance payments (Monthly Benefits) may be made under this policy to the Technical Aircrew Employee as follows: (a) At the Insurer's discretion, up to 1.5% per month of the appropriate Capital Benefit specified in the Schedule of Benefits, provided that at no stage will the payment of Monthly Benefits, combined with payment for approved leave at half pay, payment for ground duties, workers compensation, benefits under the Qantas Personal Accident Scheme (where applicable) or any other payment sponsored by the Insured, exceed his or her Pre-Injury Salary. Such payments will commence upon the expiration of the Technical Aircrew Employees accrued entitlement to sick leave at full pay or 90 consecutive days of disablement, whichever is the later. Payments will continue for a period of 24 months or until the Technical Aircrew Employee returns to duty, or dies, or is paid the balance of the Capital Benefit in accordance with clause 3.1.1, whichever occurs first. If the Insurer considers in its absolute discretion that hardship may be imposed on the Technical Aircrew Employee and/or his/her dependents if payments are not made, the Insurer may make payments as provided in (a) above at any time following the suspension, cancellation or refusal of renewal of the Technical Aircrew Employees medical certificate without having regard to the period of ninety (90) days specified in (a) above. Where the Technical Aircrew Employee claims the Capital Benefit and is entitled to payment in accordance with 3.1.1, he/she will be paid the balance of the Capital Benefits irrespective of the number of Monthly Benefits that have been paid up to that time. If the Technical Aircrew Employees medical certificate is suspended, cancelled or its renewal is refused and/or the Technical Aircrew Employee is absent from duty for medical reasons on more than one occasion to a combined period exceeding ninety (90) days, then the Insurer, in its discretion, may for the purpose of commencing payments from the policy pursuant to this clause treat such periods of suspension or absence as being continuous.
(b)
(c)
(d)
111
(e)
No payment from the policy will be made to any Technical Aircrew Employee pursuant to this clause where the Technical Aircrew Employees salary and medical expenses have been or will be paid without any deduction from such Technical Aircrew Employees sick leave credits unless the Insurer in its discretion considers that in failing to make such payment undue hardship would result to the Technical Aircrew Employee and/or his/her dependents. The Insurer will not make any payments pursuant to this clause unless and until the Technical Aircrew Employee applying for such benefits has provided to the Insurer's satisfaction a statement signed by an Aviation Medical Examiner indicating that the Technical Aircrew Employees medical condition is such as to prevent him/her from returning to his/her normal flying duties. Both the commencement and continuance of such payments will be conditional upon satisfactory evidence being provided to show that the Technical Aircrew Employee is taking all reasonable steps to have his/her disability rectified.
(f)
3.2.2
Any benefit paid under 3.2.1 will not continue after the date upon which, following a medical examination undertaken under 4.2.1, the medical condition of the Technical Aircrew Employee is such that he or she meets the relevant medical standard for the validation of the Licence or Licences as determined by an Aviation Medical Examiner. Payment of a Benefit under clause 3.2.1 will not preclude the Technical Aircrew Employee from claiming a Capital Benefit under clause 3.1.1.
3.2.3
3.3
Indexation of Benefits The Capital Benefits provided in the Schedule of Benefits of this policy will be increased at the commencement of each Period of Insurance by the Inflation Index and such revised Capital Benefits will apply from the commencement of that new Period of Insurance until the commencement of the next Period of Insurance or such other time as agreed between the Insurer and the Insured.
3.4
Exclusions No payment will be made under this policy in respect of any claims arising in connection with:3.4.1 (a) (b) any war, whether declared or not, except whilst on duty with the Insured; any war, whether declared or not, except any disability recognised by an Repatriation Authority, whether treatment is currently being received or not; National Service, while attached or loaned to any branch of the armed services or having volunteered for active duty during period of national emergency, unless specifically accepted by the Insured.
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(c)
PROVIDED HOWEVER where any medical condition arising in the circumstances set out in subclause 3.5.1(a) if recognised by the Commonwealth Department of Veteran's Affairs or its successor, the Insurer may in its discretion make payment.
3.4.2
Insurrection, riots, strikes, or civil commotions except while the Technical Aircrew Employee is in the course of duty with the Insured, or based, slipping or travelling in the course of employment. Suicide by the Technical Aircrew Employee. Intentional self-injury, attempted suicide (whether felonious or not), assault provoked by the Technical Aircrew Employee, duelling, fighting (except in bona fide selfdefence), venereal disease, or from the Technical Aircrew Employee being rendered less capable than usual of taking care of himself or herself because of mental unsoundness or intoxication however induced. Deliberate exposure of the Technical Aircrew Employee to exceptional danger (except in an attempt to save human life or to prevent loss of, or damage to, aircraft equipment or any other valuable property). The Technical Aircrew Employee's own negligence or misconduct if his or her employment with the Insured is subsequently terminated solely on the ground of the Technical Aircrew Employee's negligence or misconduct. Bodily injury sustained whilst the Technical Aircrew Employee is in a state of temporary insanity. Flying on a crop dusting, seeding or spraying operation. Taking part in any kind of automatic or motor cycle race and/or rally other than with the written consent of the Insured and declared by the Insured to the Insurer. Epilepsy, except epilepsy as a result of an injury or illness occurring whilst covered by this policy. Psychosis or psychoneurosis, except that the Insurer may, in its discretion and upon the advice of the Medical Referee, make payment up to the amounts specified in the Schedule of Benefits, relating to that Technical Aircrew Employee. Performing flight duties in an aircraft, other than whilst on duty with the Insured, without the written consent of the Insured. Any injury or illness sustained whilst suspended from duty with the Insured if subsequently terminated by the Insured on the grounds identical with any of the grounds for his or her suspension.
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3.4.3 3.4.4
3.4.5
3.4.6
3.4.7
3.4.8 3.4.9
3.4.10
3.4.11
3.4.12
3.4.13
3.4.14 3.4.15
Any injury or illness occurring during an unauthorized absence from duty. Any injury or illness occurring whilst employed during any approved period of leave of absence without pay unless such employment has been notified to the Insurer and approved prior to the period of leave of absence. A pregnancy, illness or incapacity associated with a pregnancy during the pregnancy and for a minimum period of three months thereafter or until her Licence is medically revalidated, whichever occurs last. A Classified Illness except as provided in Section 5.
3.4.16
3.4.17
114
SECTION 4: CLAIMS 4.1 Notice 4.1.1 If a Technical Aircrew Employee is suffering any illness or injury which may reasonably be expected to result in the Technical Aircrew Employee having his or her Licence invalidated because his/her medical certificate is cancelled, suspended or renewal refused and has been notified by the Authority that cancellation, suspension or refusal to renew his or her Licence may take place, the Technical Aircrew Employee will within 30 days or as soon as reasonably practicable thereafter notify the Insured in writing and complete a claim form provided by the Insurer in the form specified by the Insurer from time to time. The Insured will immediately inform the Insurer in writing upon receiving such advice of a potential claim from the Technical Aircrew Employee and when received forward the completed claim form and any other documents without delay to the Insurer.
4.1.2
4.2
Medical Evidence If requested by the Insurer, the Technical Aircrew Employee will: 4.2.1 submit to a medical examination by a Medical Adviser or, if the decision of the Insurer with respect to a claim is contested pursuant to clause 4.3, the Medical Referee; and 4.2.2 supply a written authority or authorities entitling the Insurer, the Medical Adviser and/or the Medical Referee to obtain all such medical details concerning him or her as may be required.
4.3
Dispute of Medical Evidence Disputes regarding the medical basis for payment of a claim under 3.1.1 will be referred to a Medical Referee/s for resolution. As a Medical Referee is a medical practitioner, only disputes relating to medical issues are to be referred.
4.4
Procedure for Referral to Medical Referees 4.4.1 A Medical Referee A Medical Referee must not be the Medical Adviser appointed by the Insurer except where another suitably qualified expert is not available. 4.4.2 The Referral Process
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(a) (b)
The Insurer will appoint a Medical Referee (the Insurers Medical Referee") and will bear the costs of the Insurers Medical Referee. The Insurer and the Technical Aircrew Employee may submit whatever material they consider appropriate to the Insurers Medical Referee. The Technical Aircrew Employee will undergo a medical examination by the Insurers Medical Referee if required by the Insurer. The Technical Aircrew Employee will undergo reasonable medical tests if required by the Insurers Medical Referee. The Insurer will ask the Insurers Medical Referee to address specific questions regarding the medical basis for payment under the policy and request a decision. The Insurer will advise the Technical Aircrew Employee of these questions. The Technical Aircrew Employee may request the Insurers Medical Referee to address further relevant questions and will advise the Insurer and the Insurers Medical Referee of these. If the decision of the Insurers Medical Referee is accepted by the Technical Aircrew Employee, it will be binding on the Insurer and the Technical Aircrew Employee. If the Technical Aircrew Employee is dissatisfied with the decision of the Insurers Medical Referee, the Technical Aircrew Employee may appoint a second Medical Referee (the Technical Aircrew Employees Medical Referee). The Insurer and the Technical Aircrew Employee may submit whatever material they consider appropriate to the Technical Aircrew Employees Medical Referee. The Technical Aircrew Employee may undergo a medical examination by the Technical Aircrew Employees Medical Referee and any reasonable medical tests. The Insurers Medical Referee and the Technical Aircrew Employees Medical Referee will then confer with a view to providing a joint response to the questions posed and a joint decision. If a joint decision is provided, it will be binding on the Insurer and the Technical Aircrew Employee. If a joint decision is given in favour of the Technical Aircrew Employee, the Insurer will pay the costs of both Medical Referees. If a joint decision is given in favour of the Insurer, the Insurer will pay the costs of the Insurers Medical Referee and the Technical Aircrew Employee will pay the costs of the Technical Aircrew Employees Medical Referee. If the two Medical Referees are unable to provide a joint decision, they will appoint a third Medical Referee.
116
(c) (d) (e)
(f)
(g)
(h)
(i)
(j)
(k)
(l) (m)
(n)
(o)
If the two Medical Referees cannot agree upon a third Medical Referee, that Medical Referee will be appointed by the then President of the Australian Medical Association or similar such body after receiving submissions from the two Medical Referees. The Insurers Medical Referee and the Technical Aircrew Employees Medical Referee will submit whatever material they consider appropriate to the third Medical Referee. The three Medical Referees will then confer with a view to providing responses to the questions posed in (e) and (f) above and making a decision. The decision of the majority of the Medical Referees will be final and binding on both the Insurer and the Technical Aircrew Employee. If the decision of the majority of the Medical Referees is in favour of the Technical Aircrew Employee, the Insurer will pay the costs of all the Medical Referees. If the decision of the majority of the Medical Referees is in favour of the Insurer, the Insurer will pay the costs of the Insurers Medical Referee and half the costs of the third Medical Referee. The Technical Aircrew Employee will pay the costs of the Technical Aircrew Employees Medical Referee and half the costs of the third Medical Referee.
(p)
(q)
(r)
4.5
Conduct 4.5.1 The Technical Aircrew Employee will do all such things which may reasonably facilitate the Technical Aircrew Employee regaining his or her medical certificate and/or Licence/s including: (a) making application to the Authority for a renewal of the Technical Aircrew Employee's medical certificate and/or Licence's, the issue of a new medical certificate and/or Licence/s and/or the withdrawal of any suspension of his or her medical certificate and/or Licence/s; attending such medical examination as may be required and executing such other documents as may be necessary for that purpose. If the Insurer's decision to deny a claim under this policy is contested, the Insurer may submit the claim to the Medical Referee/s as detailed in 4.3.1. The Medical Referees opinion will be binding upon both the Insured and the Insurer provided it is based upon expert medical evidence which would be admissible in a court of law.
(b)
4.5.2
4.6
Mis-Statement of Age 4.6.1 A claim under this policy will not be refused solely as a result of a mis-statement of age, provided that if, as a result of applying the correct age, insurance in respect of the Technical Aircrew Employee had not ceased under clause 2.4 at the Date of Commencement of Disability. Where due to any mis-statement of age, the amount of the Capital Benefit does not
117
4.6.2
correspond with that produced by applying the correct age, the Capital Benefit payable will be that which applied to the correct age.
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SECTION 5: 5.1
CLASSIFIED ILLNESS
Purpose of Section This sub-section is to protect the Insurer and the Insured against fraud and/or feigned illness or injuries.
5.2
Definition of Classified Illness A Classified Illness is an illness or incapacity which, following an examination by a qualified registered medical practitioner or qualified medical practitioners, is of such a nature as to be incapable of diagnosis. A qualified registered medical practitioner is a medical specialist in the appropriate field of medicine for the relevant Classified Illness.
5.3
Application of Monthly Benefits provisions where a Technical Aircrew Employee remains employed as Technical Aircrew Where a Technical Aircrew Employee remains employed as Technical Aircrew, Section 3, 3.2.1 should apply. Where a Technical Aircrew Employee has ceased employment as Technical Aircrew 5.4.1 Where a Technical Aircrew Employee has ceased to be employed as Technical Aircrew and makes a claim for payment under Section 3 and such payment is refused under clause 3.5.17, she/he will nevertheless be paid the amount specified in Schedule B. In addition to payment under clause 5.4.1, (a) The Insurer and the Insured by agreement may authorise benefit payments up to the following limits: (i) Monthly Benefits for a period not exceeding: A. The end of twelve months from the date of commencement of payments where the Technical Aircrew Employee has been a Technical Aircrew member for five years or less, such payments amounting to a maximum of 18% of the Capital Benefit specified in Schedule C of the Schedule of Benefits.
5.4
5.4.2
119
B.
The end of twenty-four months from the date of commencement of payments where the Technical Aircrew Employee has been a Technical Aircrew member for more than five years, but less than seven years, such payments amounting to a maximum of 36% of the Capital Benefit specified in Schedule C of the Schedule of Benefits. The end of thirty months from the date of commencement of payments where the Technical Aircrew Employee has been a Technical Aircrew member for more than seven years. Such payments amounting to a maximum of 45% of the of the Capital Benefit specified in Schedule C of the Schedule of Benefits.
C.
OR (ii) Subject to the approval of the Qantas Medical Services Director or his successor, a Technical Aircrew Employee will be entitled to be paid a Capital Benefit equal to the of the Capital Benefit specified in Schedule C of the Schedule of Benefits.
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Pilots Loss of Licence Benefits

Years 1990 to 2004 (Year commences 1 November); Years 2005 onwards (Year commences 1 January)
For the purposes of this Policy "Age" means the number of Birthdays attained as at the date of Loss of Licence Indexation factor 5.5% 3.0% See Tapering Table 3.9% Schedule A Capital Benefits - Qantas Airways Limited Up to and including Age 49 2003 2004 2005 2006 2007 $ $ $ $ $ Captains, First Officers and Second Officers with 5 years service as a pilot 555,788 572,461 629,707 692,678 719,692 Flight Engineer Officer 555,788 572,461 629,707 692,678 719,692 Second Officer with less than 5 yrs as a pilot 518,093 533,636 586,999 645,699 670,882 Pilots and Technical Aircrew on initial training and/or probation 447,317 460,736 506,810 557,491 579,233 In Warlike Circumstances Captains, First Officers, Second Officers and Flight Engineer Officers 114,186 117,611 129,372 142,310 147,860 Pilots and Flight Engineer Officers on initial training and/or probation 68,510 70,565 77,622 85,384 88,714 Schedule A Capital Benefits - Qantas Airways Limited At Age 50 2003 2004 2005 2006 2007 $ $ $ $ $ Captains, First Officers and Second Officers with 5 years service as a pilot 438,984 452,153 629,707 692,678 719,692 Flight Engineer Officer 438,984 452,153 629,707 692,678 719,692 Second Officer with less than 5 yrs as a pilot 401,289 413,328 586,999 645,699 670,882 Pilots and Technical Aircrew on initial training and/or probation 330,513 340,428 506,810 557,491 579,233 Capital Benefits - In Warlike Circumstances Captains, First Officers, Second Officers and Flight Engineer Officers 114,186 117,611 129,372 142,310 147,860 Pilots & Flight Engineers on probation 68,510 70,565 77,622 85,384 88,714 Schedule A Capital Benefits - Qantas Airways Limited At Age 51 2003 2004 2005 2006 2007 $ $ $ $ $ Captains, First Officers and Second Officers with 5 years service as a pilot 410,430 422,743 629,707 692,678 719,692 Flight Engineer Officer 410,430 422,743 629,707 692,678 719,692 Second Officer with less than 5 yrs as a pilot 378,456 389,810 586,999 645,699 670,882 Pilots and Technical Aircrew on initial training and/or probation 0 0 0 0 0 Captains, First Officers, Second Officers and Flight Engineer Officers Pilots and Flight Engineer Officers on initial training and/or probation Schedule A 91,354 94,095 129,372 142,310 147,860 0 0 0 0 0 Capital Benefits - Qantas Airways Limited At Age 52 2003 2004 2005 2006 2007 $ $ $ $ $ 381,872 393,329 629,707 692,678 719,692 381,872 393,329 629,707 692,678 719,692 355,615 366,284 586,999 645,699 670,882 0 0 0 0 0 Capital Benefits - In Warlike Circumstances 91,354 94,095 129,372 142,310 147,860 0 0 0 0 0 Capital Benefits - Qantas Airways Limited At Age 53 2003 2004 2005 2006 2007 $ $ $ $ $ 287,406 296,028 629,707 692,678 719,692 287,406 296,028 629,707 692,678 719,692 266,836 274,841 586,999 645,699 670,882 0 0 0 0 0 Capital Benefits - In Warlike Circumstances 91,354 94,095 129,372 142,310 147,860 0 0 0 0 0
Captains, First Officers and Second Officers with 5 years service as a pilot Flight Engineer Officer Second Officer with less than 5 yrs as a pilot Pilots and Technical Aircrew on initial training and/or probation Captains, First Officers, Second Officers and Flight Engineer Officers Pilots and Flight Engineer Officers on initial training and/or probation Schedule A
Captains, First Officers and Second Officers with 5 years service as a pilot Flight Engineer Officer Second Officer with less than 5 yrs as a pilot Pilots and Technical Aircrew on initial training and/or probation Captains, First Officers, Second Officers and Flight Engineer Officers Pilots and Flight Engineer Officers on initial training and/or probation
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Schedule A
Capital Benefits - Qantas Airways Limited At Age 54 2003 2004 2005 2006 2007 $ $ $ $ $ 258,889 266,656 629,707 692,678 719,692 258,889 266,656 629,707 692,678 719,692 244,005 251,325 586,999 645,699 670,882 0 0 0 0 0 Capital Benefits - In Warlike Circumstances 91,354 94,095 129,372 142,310 147,860 0 0 0 0 0 Capital Benefits - Qantas Airways Limited At Age 55 2003 2004 2005 2006 2007 $ $ $ $ $ 230,370 237,282 380,000 418,000 434,302 230,370 237,282 380,000 418,000 434,302 221,161 227,795 354,228 389,651 404,847 0 0 0 0 0 Capital Benefits - In Warlike Circumstances 0 0 0 0 0 0 0 0 0 0 Capital Benefits - Qantas Airways Limited At Age 56 2003 2004 2005 2006 2007 $ $ $ $ $ 195,898 201,775 305,000 335,500 348,585 195,898 201,775 305,000 335,500 348,585 195,898 201,775 305,000 335,500 348,585 0 0 0 0 0 Capital Benefits - In Warlike Circumstances 0 0 0 0 0 0 0 0 0 0 Capital Benefits - Qantas Airways Limited At Age 57 2003 2004 2005 2006 2007 $ $ $ $ $ 176,384 181,675 250,000 275,000 285,725 176,384 181,675 250,000 275,000 285,725 176,384 181,675 250,000 275,000 285,725 0 0 0 0 0 Capital Benefits - In Warlike Circumstances 0 0 0 0 0 0 0 0 0 0 Capital Benefits - Qantas Airways Limited At Age 58 2003 2004 2005 2006 2007 $ $ $ $ $ 169,329 174,409 191,849 211,035 219,265 169,329 174,409 191,849 211,035 219,265 169,329 174,409 191,849 211,035 219,265 0 0 0 0 0 Capital Benefits - In Warlike Circumstances 0 0 0 0 0 0 0 0 0 0 Capital Benefits - Qantas Airways Limited At Age 59 2003 2004 2005 2006 2007 $ $ $ $ $ 141,107 145,340 145,340 159,874 166,109 141,107 145,340 145,340 159,874 166,109 141,107 145,340 145,340 159,874 166,109 0 0 0 0 0
Captains, First Officers and Second Officers with 5 years service as a pilot Flight Engineer Officer Second Officer with less than 5 yrs as a pilot Pilots and Technical Aircrew on initial training and/or probation
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Captains, First Officers, Second Officers and Flight Engineer Officers Pilots and Flight Engineer Officers on initial training and/or probation
Capital Benefits - In Warlike Circumstances 0 0 0 0 0 0 0 0
0 0
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Appendix C 28 Day Bid Periods

Company may implement a new preferential bidding system 1.1. During the life of this Agreement, the Company may implement a new preferential bidding system. 1.2. Any new preferential bidding system will be implemented in conjunction with fortnightly pay. 1.3. A new preferential bidding system can include rolling, twenty-eight (28) day or calendar month bid periods. 1.4. The Company and the Association will consult and agree on appropriate pro-ration of existing scheduling arrangements contained within this Agreement and the Rostering Manual, if required by the new preferential bidding system. 1.5. The Company and the Association will consult and agree on appropriate administrative changes to existing annual, long service and personal leave arrangements contained within this Agreement, if required by the new preferential bidding system. 1.6. The Company and the Association will consult and agree on appropriate administrative changes to existing pay arrangements, as contained within this Agreement, to implement fortnightly pay periods. 1.7. It is a term of this clause that the parties will not pursue any extra claims whilst consulting and agreeing to appropriate pro-ration and administrative changes to this Agreement and/or the Rostering Manual, in order to implement the new preferential bidding system. 1.8. The specific changes that will be required include but are not limited to, the following: (a) (b) (c) (d) (e) In relation to clause 32.1 - Each flight crew member must receive at least eight (8) X days in nine (9) twenty eight (28) day bid periods per calendar year. In relation to clause 32.1 Each flight crew member must receive at least nine (9) X days in four (4) twenty eight day periods per calendar year. In relation to clause 32.3 Each flight crew member must receive two (2) BL days in eleven (11) twenty eight (28) day bid periods per calendar year. In relation to clause 32.3 Each flight crew member must receive one (1) BL day in two (2) twenty eight (28) day bid periods per calendar year. In relation to clauses 21.1.8, 21.2.6 and 21.4.7 Salary will be pro rated in the event that 28 day bid periods are introduced.
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Appendix D Rostering Manual
Short Haul Rostering Manual

TABLE OF CONTENTS
TABLE OF CONTENTS.................................................................................................................................. 125 PART A: 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. INTRODUCTION ..................................................................................................................... 127
OBJECTS, TITLE AND PURPOSE .................................................................................................................. 127 DURATION ................................................................................................................................................ 127 PARTIES BOUND ........................................................................................................................................ 127 RELATIONSHIP WITH OTHER AGREEMENTS & AWARDS............................................................................ 127 CONSULTATION AND THE SCHEDULING CONSULTATIVE COMMITTEE ...................................................... 128 DISPUTE AVOIDANCE PROCEDURE ............................................................................................................ 128 VARYING THE ROSTERING MANUAL......................................................................................................... 128 INTERPRETATION ................................................................................................................ 129 GENERAL .................................................................................................................................................. 129 DEFINITIONS ............................................................................................................................................. 129 ROSTERING MANUAL LIMITS AND FLIGHT CREW FLIGHT AND DUTY LIMITS137 FLIGHT TIME LIMITS ................................................................................................................................. 137 CUMULATIVE DUTY TIME LIMITS ............................................................................................................. 137 MAXIMUM DUTY PERIODS......................................................................................................................... 138 LATE NIGHT OPERATIONS ......................................................................................................................... 138 LOCAL MIDNIGHT..................................................................................................................................... 139 DEADHEADING FOLLOWING A FLIGHT DUTY............................................................................................. 139 FLIGHT CREW MEMBER PROJECTED TO EXCEED THE FLIGHT OR DUTY TIME LIMITATIONS......................... 140 SPLIT DUTY ............................................................................................................................................... 140 CB DAYS ARE TO BE CONSIDERED DUTY ................................................................................................... 141 TIME FREE FROM DUTY FOLLOWING A THREE (3) OR FOUR (4) DAY PATTERN ........................................... 141 SIGN-ON ................................................................................................................................................... 141 SIGN-OFF .................................................................................................................................................. 141 ROSTER/PATTERN CONSTRUCTION AND AMENDMENT ......................................... 142 GENERAL GUIDELINES.............................................................................................................................. 142 EFFICIENT TOURS OF DUTY AND PATTERNS ............................................................................................... 142 78 HOURS FLIGHT DUTY EACH BID PERIOD ................................................................................................ 142 PASSIVE TRAINING DUTIES ....................................................................................................................... 142 DIVISOR BALANCING ................................................................................................................................ 142 DAYS OFF ................................................................................................................................................. 144 INFRINGEMENT OF DAYS OFF .................................................................................................................... 144
PART B:
PART C:
PART D:
125
29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. 59. 60. 61. 62. 63. 64. 65. 66. 67.
BLANK DAYS AND AVAILABLE DAYS ........................................................................................................ 145 CB DAYS .................................................................................................................................................. 145 GROUND TRAINING .................................................................................................................................. 145 PATTERN REPAIR FOR FLIGHT DUTY BETWEEN SYDNEY, BRISBANE AND MELBOURNE............................. 145 DISRUPTION OF MULTI-DAY PATTERN OR TOUR OF DUTY BECAUSE OF ILLNESS OR CANCELLATION ......... 146 RE-ROUTING ............................................................................................................................................. 146 PATTERN OR TOUR OF DUTY TRADING ...................................................................................................... 146 FLIGHT CREW MEMBERS INABILITY TO FLY DUE TO ILLNESS, DUTY LIMITS OR OTHER REASON ............... 146 COMPANY NOT TO CONTACT FLIGHT CREW MEMBERS AT UNREASONABLE HOURS ................................... 147 NOTIFICATION OF ROSTER CHANGES ......................................................................................................... 147 SPECIAL CONSIDERATION ......................................................................................................................... 147 DUTY IMMEDIATELY BEFORE OR AFTER ANNUAL LEAVE .......................................................................... 147 BIDDING ................................................................................................................................... 148 BIDDING SENIORITY .................................................................................................................................. 148 BIDDING TIMETABLE................................................................................................................................. 148 RESERVE DUTY...................................................................................................................... 149 AIM TO REDUCE UNWARRANTED RESERVE COVERAGE & IMPROVE FLEXIBILITY ...................................... 149 COMPANY MAY REQUIRE A FLIGHT CREW MEMBER TO CARRY OUT RESERVE DUTY .................................. 149 PERIOD OF RESERVE DUTY ........................................................................................................................ 149 FLIGHT CREW MEMBER TO REMAIN AVAILABLE UNTIL THE END OF RESERVE DUTY .................................. 149 SIGN-ON FOR RESERVE DUTY .................................................................................................................... 149 PAY FOR RESERVE DUTY .......................................................................................................................... 150 AGREED DAILY RESERVE COVERAGE FOR BASES....................................................................................... 150 REQUESTS TO BE RELEASED FROM RESERVE DUTY OR TO VARY OR SWAP THE RESERVE DUTY ................. 150 ORDER OF PRIORITY FOR ALLOCATING RESERVE DUTY ............................................................................. 150 CONSULTATION ON LEVEL OF RESERVE DUTY COVERAGE......................................................................... 151 RESERVE DUTY ONLY TO BE ROSTERED AT HOME BASE ............................................................................ 151 RECORDS TO BE KEPT ............................................................................................................................... 151 REVIEW .................................................................................................................................................... 151 RESERVE ROSTERS ................................................................................................................................... 151 OPEN TIME .............................................................................................................................. 153 GENERAL .................................................................................................................................................. 153 SHORT OF TIME FLIGHT CREW MEMBERS ................................................................................................... 153 OPEN TIME LIST ........................................................................................................................................ 154 OPEN TIME BOOK ...................................................................................................................................... 155 OPEN TIME PATTERN DROP ...................................................................................................................... 155 PRIORITY OF ALLOCATION OF OPEN TIME.................................................................................................. 155 ROSTER CONSTRUCTION FOR TRAINING FLIGHT CREW ...................................... 160 TRAINING CAPTAIN CATEGORY A/B ........................................................................................................ 160 TRAINING CAPTAIN CATEGORY D ............................................................................................................ 160 TRAINING FIRST OFFICER ......................................................................................................................... 160 ALLOCATION OF PERSONAL FLYING FOR TRAINING CAPTAINS CATEGORY A/B AND TFOS .................... 160 QUARANTINED TRAINING PATTERNS ........................................................................................................ 161
PART E:
PART F:
PART G:
PART H:
126
Part A: Introduction 1. 1.1 Objects, title and purpose The objects of this Rostering Manual are to provide an agreed set of: 1.2 1.3 Rostering Manual limits that will sit inside the CAO48 Exemption limits (except where no Rostering Manual limits are specified) and regulate the process used by the Company to build flight crew members rosters for each bid period; and procedures for the Company to use in the administration of flight crew members rosters on a day to day basis.
The parties recognise that the CAO48 exemption is not intended to be the regular flight time and duty limits for flight crew members. The Company will roster and schedule flight crew members for duty in accordance with this Rostering Manual. This Rostering Manual contains the: Rostering Manual limits; flight crew flight and duty limits; practices and procedures; and rules, agreed between the parties that regulate how flight crew members are to be rostered to carry out their duties as required by the Company under the Agreement.
1.4
2.
Duration
2.1. The Rostering Manual will operate from 1 September 2007 and will continue to operate until varied or cancelled by agreement between the parties. 2.2. The Rostering Manual will survive the expiration, termination or cancellation of the Agreement unless expressly stated otherwise. 3. Parties bound This Rostering Manual is binding on the Company and the Association and all flight crew members employed by the Company in operations known as the Qantas short haul operations. 4. Relationship with Agreement
4.1. This Rostering Manual is made pursuant to clause 30.4 of the Agreement and must be read in conjunction with the Agreement. 4.2. To the extent of any inconsistency between this Rostering Manual and the Agreement, the Agreement prevails unless expressly stated otherwise.
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5.
Consultation and the Scheduling Consultative Committee
5.1. The parties will establish a Scheduling Consultative Committee (SCC) consisting of two (2) representatives nominated by the Association and two (2) representatives nominated by the Company. 5.2. The SCC will meet at the request of either party (providing reasonable notice is given) in order to discuss any issues or questions regarding: 5.2.1. 5.2.2. 5.2.3. 5.2.4. 5.2.5. 5.2.6. the implementation of this Rostering Manual; the interpretation of this Rostering Manual; the development and maintenance of the most efficient method of rostering of flight crew members; the operation of this Rostering Manual; any potential amendments or variations to this Rostering Manual; and rostering and scheduling matters generally.
5.3. If CAO 48 is amended then the SCC will meet and reconsider the terms of the Rostering Manual. 6. Dispute avoidance procedure
6.1. Any dispute arising out of any matter contained in this Rostering Manual will first be discussed by the SCC. 6.2. If the SCC is unable to resolve the dispute then it will be processed in accordance with the Disputes Settlement Procedure in the Agreement. 7. Varying the Rostering Manual The Rostering Manual may be varied or terminated by agreement between the parties. In circumstances where the regulations applying to Qantas short haul operations are changed, Qantas may change the Rostering Manual to conform with the regulations and will consult with the Association in relation to any such changes.
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Part B: 8. General
Interpretation
8.1. Headings and explanatory notes are inserted for convenience only and do not affect interpretation. 8.2. The following rules of interpretation apply unless the context requires otherwise: 8.2.1. 8.2.2. 8.2.3. 8.2.4. 8.2.5. 8.2.6. Where a word or phrase is defined, its other grammatical forms have a corresponding meaning; the singular includes the plural and conversely; a reference to one gender includes the other gender; where the word includes is used it means includes, but is not limited to; where a word or phrase is defined, its other grammatical forms have a corresponding meaning; a reference to the Company or the Association in this Rostering Manual or any other agreement or document or attachment includes the partys successors, substitutes or assigns; unless stated otherwise a reference to any agreement, document or attachment is to that agreement, document or attachment as amended, novated, supplemented, varied or replaced from time to time; and unless stated otherwise a reference to any legislation or any section or provision thereof (except CAO 48) includes any statutory modification or re-enactment thereof or any statutory provision substituted therefore and any ordinances laws, regulations or other statutory instruments issued there under.
8.2.7.
8.2.8.
9.
Definitions
9.1. In this Rostering Manual, unless the contrary intention is expressed or the context suggests otherwise: accommodation means accommodation provided for a flight crew member that is recognised as first class accommodation. Act means the Workplace Relations Act 1996. Agreement means the Qantas Airways Limited Flight Crew (Short Haul) Agreement 2007 as varied or replaced. aircraft type means the specifications and model number of an aircraft as designated by the manufacturer of that aircraft.
129
allocated means awarded or assigned. assigned means allocation of a duty, vacancy or period of leave to a flight crew member, for which the flight crew member has not bid. Association means the Australian and International Pilots Association or its nominated representative or representatives. available day (AV day) means a day, not being a Day Off or a BL day, on which a flight crew member is not: rostered for duty; obliged to be readily available for duty; or required to advise the Company of his or her whereabouts, BUT is a day on which the flight crew member may be allocated duty in accordance with the open time procedures as set out in the Rostering Manual. awarded means allocation of a duty, vacancy or period of leave to a flight crew member as a result of the flight crew members bid for, or acceptance of, an offer. base means the geographic location to which a flight crew member is allocated by the Company for the purposes of commencing and finishing duty. bid period means a twenty eight (28), thirty (30) or thirty one (31) day period designated by the company for the purpose of bidding for, and allocation of, duties. blank day (BL day) means a day, not being a Day Off, on which a flight crew member is not: rostered for duty; or obliged to be readily available for duty; or required to advise the Company of his or her whereabouts, BUT is a day on which the flight crew member may be allocated duty in accordance with the open time procedures as set out in this Rostering Manual. In terms of not requiring a flight crew member to be available for duty, a BL day carries a high priority for non-availability, exceeded only by the priority for non-availability attaching to a Day Off. CAOs means a direction, notification, permission, approval or authority issued pursuant to Regulation 5 of the Civil Aviation Regulations 1988 (CAR) as a Civil Aviation Order (CAO). CAO Part 48 means Civil Aviation Order Part 48, Issue 6 issued as a CAO. CAO48 Exemption means Sections 1-4 (Schedule Introduction) and Part II (Domestic (High Capacity) Operations) of the standard industry exemptions granted to the Company by CASA pursuant to paragraph 4.1 of CAO Part 48 and is annexed to this Rostering Manual. Captain means a flight crew member employed to act in command of an aircraft.
130
CASA means the Civil Aviation Safety Authority or its successor. Category means a flight crew members status according to a particular aircraft type. Categories are ranked in the following descending order: (c) (d) B737 Captain; B737 First Officer.
cleared to the line means the operating status of a flight crew member who has successfully completed all training associated with endorsement on an aircraft type or for promotional training, and who has been approved by the Company to fly in the category for which the training was allocated to the flight crew member. Closure of open time means the date that open time can be allocated to a flight crew member pursuant to clause 55 of this Rostering Manual and: Early closure means any closure of open time before four (4) calendar days before the day on which the duty commences or before Month End closure. Late closure means within two (2) calendar days of the day on which the duty commences (e.g. a duty commencing on Wednesday can be allocated on the preceding Monday). Month End closure means that open time occurring between day twenty nine (29) of a bid period and day three (3) of the following bid period will close seven (7) days before the day on which the duty commences. Normal closure means that open time will close at 08:00, four (4) days before the day on which the duty commences, with notification commencing at 12:00 on the day of closure (e.g. a duty commencing Wednesday may be allocated on the preceding Saturday). Company means Qantas Airways Limited (ABN 16 009 661 901) or any of its duly delegated officers. Company briefing day (CB day) means a day rostered for the purpose of providing Company information to flight crew members on issues including but not limited to safety information, Company financial performance and operational based presentations. Company Manuals means Company manuals including publications such as the Flight Administration Manual, Flight Standing Orders and Notices to Flight Staff and other relevant documents pertaining to a flight crew members employment provided they are consistent with the Agreement and this Rostering Manual. Contacted on the day of reserve means contacted by the Company on or after the commencement of reserve duty. day means the period between local midnight and the subsequent local midnight. Day Off (X Day) means a day on which a flight crew member is not: rostered for duty; or obliged to be readily available for duty; or required to advise the Company of his or her whereabouts,
131
and remains a day free of duty except that a flight crew member may volunteer to perform a duty on a Day Off or be required to perform a flight duty on a Day Off in accordance with the open time provisions in this Rostering Manual. Deadhead/ing means travelling on an aircraft at the Companys direction other than as an operating flight crew member for the purpose of positioning for duty or returning to base after completing a duty. disruption means any event that causes a change to the Companys scheduled operations or a flight crew members roster. Divisor actual divisor means the average of the credited hours achieved for a specific category and base, at the completion of a bid period. planned divisor means the average hours allocated to flight crew members of a specific category and base, at the completion of the roster allocation process. planning divisor means the average hours projected to be allocated to flight crew members of a specific category and base at the completion of the pattern planning process and is the published figure that is used as a guide for the purpose of bidding. duty means the work of a flight crew member and covers any and all activities that may be required of a flight crew member by the Company in accordance with the Agreement, the CAOs and this Rostering Manual. duty free day means an AV day, or a BL day or a Day Off. duty period means a period that starts when a flight crew member is required by the Company to report for a duty and continues until the flight crew member is free of all duties. First Officer means a flight crew member employed to act as second-in-command of an aircraft. Flight crew includes a Captain and a First Officer. flight crew member has the same meaning as that given to flight crew officer in clause 1 of Schedule 2 of the Act and also means a flight crew member (or, where relevant, a group of flight crew members) employed under the Agreement. flight duty means any duty where a flight crew member is in control of, or a member of the operating crew of, an aircraft within a duty period and commences from the moment that the aircraft first moves under its own power for the purposes of taking off until the moment that it comes to rest at the end of a flight. flight time means the total time from the moment that the aircraft first moves under its own power for the purposes of taking off until the moment that it comes to rest at the end of a flight.
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Flight crew flight and duty limits means flight and duty time limitations in accordance with CAO Part 48 and any exemptions or concessions given by the CASA and agreed by the Association, not including dispensations given by the CASA. hours creep means the variation of hours (usually positive) that affects the duty or flight duty hours performed by a flight crew member for which the variation has not been planned. initial roster means a flight crew members roster for a bid period comprising patterns, tours of duty, duties, leave and duty free days allocated immediately following the completion of the roster allocation process before the commencement of the bid period. initial training means any training required of a flight crew member (whether by the Company or the CASA) on commencement of employment with the Company as a prerequisite to being cleared to the line. Integration Award means the Qantas/Australian Airlines Pilots Integration Award 1994. Late night operation means a duty period that includes flight duty, where the duty period includes more than thirty (30) minutes between the hours of 2300 and 0530 referenced to Local Midnight determined in accordance with clause 14 of this Rostering Manual. Monthly bid package means the collection of documents issued by the Company on the ninth (9th) day of each bid period that provides the information necessary for flight crew members to make their bids and includes: Details of the aircraft patterns and their numbers; State Age Limits; Line Hours; Line Bids Timetable; Daily Commitment; Planned Absences; PSN; and Condensed patterns.
Multi day reserve means more than one consecutive day of reserve/reserve duty. open time means any duty that is not contained in a Roster. open time book means the book (or any other administrative facility or record maintained by the Company or any computer program) into or under which a flight crew member may indicate their willingness to carry out open time. open time list means the list of open time maintained by the Company. Parties means the Company and the Association. Passive credit means credit which does not apply during roster construction but which does apply for pay purposes. Pattern means the planned itinerary of a tour of duty or a series of tours of duty.
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Pilot Crew Allocation Module (PCAM) bidding means the system under which flight crew members bid for patterns of flight duty. Preferential Sequence Number (PSN) means the list of all flight crew members used to provide priority for the purpose of bidding each bid period pursuant to clause 39 of this Rostering Manual. Promotion means a change by a flight crew member to a higher category or status. promulgate means to make known to flight crew members via the Company manuals and, in addition to being circulated in the normal manner, will be: sent to each flight crew member (if requested) when on approved annual leave, long service leave or leave without pay; sent to each base station and posted on the crew room notice board; sent to the Associations office; and transmitted by other agreed electronic means. Re-routing means a change to the Companys scheduled operations or a flight crew members roster. Reserve duty means a fourteen (14) hour period of standby at the flight crew members base or temporary transfer base at the Companys direction for the purpose of being available for operational duty, but on the day of operation the period of standby will be reduced to twelve (12) hours, such twelve (12) hour period to be advised to the flight crew member by the Company no later than twenty-four (24) hours before it commences. If the Company makes no contact, the flight crew member will recognise the first twelve (12) rostered hours as the intended reserve duty period. roster means a flight crew members rostered arrangement of duty for a bid period. Roster Construction means the building of a flight crew members initial roster for a bid period which is comprised of awarded and/or assigned patterns and/or other duties following the bidding process. Rostering Manual means the operations and administration manual developed as at 25 May 2007 for the purposes of complying with the requirements of the exemption to CAO section 48 granted by CASA. The Rostering Manual contains a set of limits and procedures for roster construction and administration in the Companys short haul operations and is the document under which the rostering and scheduling of flight crew members in the Companys short haul operations is conducted. Rostering Manual limits mean the allocation, rostering, flight time and duty limits as agreed between the parties and set out in this Rostering Manual. Schedule means the planned arrangement for the use of an aircraft. Scheduling Consultative Committee (SCC) means a committee established pursuant to clause 5 of this Rostering Manual and comprising representatives of the Company and the Association.
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sector means a flight duty, pattern or tour of duty departing from a port and arriving at a port. Short of time flight crew member means a flight crew member whose projected credited hours for a bid period and the next consecutive bid period are: more than 2 hours (or, for carers, the number of hours pro-rated to the flight crew members nominated percentage) below the hours in his or her initial roster; or more than 3 hours (or, for carers, the number of hours pro-rated to the flight crew members nominated percentage) below the planned divisor for his or her category and base, and who is not hours restricted because of the possible exceedance of the Rostering Manual limits or the flight crew flight and duty limits. A flight crew member is not considered short of time where credits have been lost as a result of trip swapping. For the purposes of this definition, the bid period for the purposes of defining a flight crew members monthly roster or determining the monthly average for his or her base and category, is the bid period in which the flight crew member becomes a short of time flight crew member and those figures are also to be used to determine when the he/she ceases to be a short of time flight crew member. sign-off means the time of completion of all duties associated with a tour of duty. This time will be not less than fifteen (15) minutes at a domestic terminal and not less than thirty (30) minutes at an international terminal after the aircraft arrival time following flight duty. sign-on means the actual time a flight crew member is required by the Company to report for duty. This time will be not less than thirty (30) minutes before a flight departure time. When the duty involved is other than deadheading or acting as operating crew, sign-on will be as shown on the flight crew members roster. split duty means a duty period that contains a rest period during which the flight crew member is relieved of all duty. suitable sleeping accommodation means a comfortable self contained room with (normal) single occupancy, with the use of a bed and a comfortable chair. The room is to be subject to minimum noise levels, with facilities to control light, be well ventilated and with air conditioning (if available). The flight crew member must have access to sustenance at times appropriate to the flight duty requirements. temporary transfer means a flight crew members transfer so designated, from the flight crew members base to a geographic location where the flight crew member is to be located on conditions agreed by the Association for a period not exceeding three bid periods, except where extended by mutual agreement. Temporary transfer base means a base at which a flight crew member is located on a temporary transfer as defined. time means local time (unless stated otherwise).
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tour of duty means the period between the time a flight crew member commences any duties associated with his or her employment before making a flight or series of flights until he or she is finally relieved all such duties after the termination of such flights or series of flights. unscheduled recency or unscheduled route-check flight duty means any recency or routecheck flight duty that has previously been pre-allocated to a flight crew member but has not been undertaken by that flight crew member because of circumstances outside the Companys control.
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Part C: 10.
Rostering Manual Limits and Flight Crew Flight and Duty Limits
Flight Time Limits
10.1. Flight crew members are, in addition to the provisions contained in this Rostering Manual, subject to the flight and duty time limitations contained in the CAO 48 Exemption. 10.2. A flight crew members total flight duty time must not exceed: 10.2.1. One hundred (100) hours in any consecutive twenty-eight (28) day period; or 10.2.2. One thousand (1000) hours in any consecutive three-hundred-sixty-five (365) day period. 10.3. At the time a flight crew members roster is promulgated each bid period, no flight crew member will be rostered for more than nine hundred and fifty (950) hours of flight duty in any twelve (12) consecutive bid periods. 11. Cumulative Duty Time Limits
11.1. The Company must not require, and a flight crew member will not perform, in excess of: 11.1.1. Sixty (60) duty hours in any consecutive seven (7) day period; and/or 11.1.2. Ninety (90) duty hours in any consecutive fourteen (14) days. 11.2. Notwithstanding sub-clause 11.1.2 of this Rostering Manual: 11.2.1. After the allocation of a flight crew members initial roster the Company may, with the agreement of the flight crew member concerned, roster a flight crew member so that his or her cumulative duty exceeds ninety (90) duty hours in any fourteen (14) consecutive days. 11.2.2. A flight crew member may bid for, and be awarded, open time that would result in the flight crew members cumulative duty exceeding ninety (90) duty hours in any fourteen (14) consecutive days. 11.2.3. If a flight crew member's roster is varied because of scheduling or hours creep, and a flight crew member is likely to exceed ninety (90) duty hours of cumulative duty in fourteen (14) consecutive days, the Company must notify the flight crew member and the flight crew member must tell the Company if he or she wishes to be removed from a future duty, pattern or tour of duty. 11.3. Notwithstanding sub-clauses 11.2.1, 11.2.2 and 11.2.3, the Company must not require a flight crew member to perform, and a flight crew member must not perform, in excesses of onehundred (100) duty hours in any fourteen (14) consecutive day period. 11.4. The Company must ensure that each flight crew member:
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11.4.1. is not rostered, or required, for duty for more than nine (9) days in any eleven (11) day period; and 11.4.2. is not rostered, or required, for duty on more than six (6) consecutive days. 11.5. The Company must ensure that each flight crew member has either: 11.5.1. one (1) period free of all duty which is a minimum of thirty-six (36) consecutive hours duration in any consecutive seven (7) days; OR 11.5.2. one period free of all duty comprising two consecutive local nights, starting no later than 22:00 local, and finishing not earlier than 05:00 local in any consecutive eight (8) nights. 12. Maximum duty periods
12.1. Subject to sub-clauses 12.2 and 12.3 and clause 13 the Company must not roster a flight crew member for duty for more than maximum duty periods as per the table below: Maximum duty periods Local start time 0500 1459 1500 1959 2000 0459 Sectors 1 to 4 12 hours 11 hours 10 hours Sectors 5 or 6 11 hours 10 hours 10 hours
A flight crew member may extend a flight duty period beyond the limits set out in sub-clause 12.1 by up to two (2) hours when: 12.1.1. it is operationally necessary in order to complete the objective of the duty; and 12.1.2. the flight crew member considers himself or herself physically and mentally fit for the extension. 12.2. The Company may extend the maximum duty period as set out in sub-clause 12.1 to thirteen (13) hours for a flight crew member (not being a flight crew member based in Sydney or Melbourne) who is required to undertake Emergency Procedures Training at a base other than his or her home base. 13. Late night operations
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13.1. Subject to clause 13.2, the Company will not require a flight crew member to perform duties in any duty period that involves late night operations for more than four (4) consecutive nights in any seven (7) consecutive night period. 13.2. Once in any consecutive twenty-eight (28) day period, the Company may require a flight crew member to perform duties in a duty period that involves late night operations for five (5) nights in any seven (7) consecutive night period. 13.3. Where there are more than two (2) duty periods involving late night operations in any seven (7) consecutive night period: 13.3.1. Notwithstanding clause 11 of this Rostering Manual, the Company will not require and the flight crew member must not undertake, more than forty (40) hours of duty in that seven night period; 13.3.2. Except as provided by clause 13.2 the Company will not roster a flight crew member for more than four (4) duty periods in that seven (7) night period; and 13.3.3. Where a flight crew member has undertaken late night operations on consecutive nights, the Company must ensure that he or she either: 13.3.3.1. 13.3.3.2. remains on late night operations (up to the limits prescribed in clause 13.1 and 13.2); and/or has at least twenty four (24) hours free of duty before being required to perform any other duty.
14.
Local Midnight
14.1. Where the Company operates from places of different local midnight, the Company will determine the place for local midnight for flight crew members. 14.2. At the date of this Rostering Manual the place for determining local midnight is Sydney. 14.3. Any determination of local midnight by the Company will last a minimum of twenty-eight (28) days and will be promulgated to all flight crew. 14.4. The Company may, following consultation with the Association, change the place used to determine local midnight. The Company will give all affected flight crew twenty-eight (28) days notice of any change pursuant to this clause. 15. Deadheading following a Flight duty 15.1. The Company may, in addition to the limits prescribed in the table at sub-clause 12.1, roster a flight crew member to Deadhead following a flight duty up to the limits prescribed by subclause 3.1 in the CAO 48 Exemption. 15.2. Deadheading must be included in the calculation of the total duty period for the calculation of the subsequent rest period and flight and duty time limitations.
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15.3. Notwithstanding sub-clause 15.1 no duty period where the flight crew member is required to perform flight duty will exceed sixteen (16) hours. 16. Flight crew member projected to exceed the flight or duty time limitations If a flight crew member is projected to exceed the flight crew flight and duty limits the Company will remove, or the flight crew member will relinquish, the flight duty containing as little flight duty time as necessary to relieve the possible breach of the limits. 17. Split duty
17.1. The Company must not use split duty to construct patterns or rosters, without the approval of the Association. 17.2. The Company may only use split duty; 17.2.1. in the case of disruption; 17.2.2. when no reasonable alternative is available; 17.2.3. if the flight crew member affected consents; and 17.2.4. if a rest period of no less than six (6) hours is provided at a suitable sleeping accommodation. 17.3. Where the Company uses split duty in accordance with this clause the maximum duty limits pursuant to sub-clause 12.1 may be increased by up to four (4) hours (the total duty period must not exceed sixteen (16) hours). 17.4. For the purposes of determining subsequent time free of duty and cumulative duty time, the rest period set out in sub-clause 17.2.4 may be discounted by 50% up to a maximum of four (4) hours. Example: Where a flight crew member is on a tour of duty of sixteen (16) hours which comprises: a 6 hour flight duty period; a six (6) hour rest period; and another four (4) hours flight duty period. The rest period at the completion of the (16) hour tour of duty must be calculated by taking into account the entire sixteen (16) hours. Although by use of the discount in subclause 17.4 the subsequent time free of duty and cumulative duty time can be calculated based on a 13 hour tour of duty (50% discount of the rest period is three (3) hours therefore remove three (3) hours from sixteen (16) hours to calculate the total tour of duty). The minimum rest period following this tour of duty must be calculated in accordance with clause 3.7 of the CAO48 exemption which states that where the previous duty period exceeds twelve (12) hours, the time free of duty must be twelve (12) hours, plus one and a
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half (1.5) times the time that the previous duty period exceeded twelve (12) hours. Therefore the total rest period must be 12 + (13-12 x 1.5) = 13.5. 17.5. Where the rest period pursuant to sub-clause 17.2.4 includes any period between 2300 and 0530, the rest period must be for an uninterrupted period of at least seven (7) hours at suitable sleeping accommodation and, under these circumstances: 17.5.1. the maximum flight duty period may be increased to sixteen (16) hours; and 17.5.2. discounting of the rest period pursuant to sub-clause 17.4 is not permitted. 18. CB days are to be considered duty CB days are to be considered duty for Rostering Manual limits and flight crew flight and duty limit purposes. 19. Time free from duty following a three (3) or four (4) day pattern
19.1. The Company will ensure that a flight crew member has at least fifteen (15) hours free of all duty immediately following a three (3) or four (4) day pattern. 19.2. The minimum rest breaks immediately following a three (3) or four (4) day pattern may, at the flight crew members discretion, be reduced from fifteen (15) hours to twelve (12) hours. 20. Sign-on Flight crew members must report for duty in accordance with the following table: Type of Duty Operating International Domestic Deadheading International Domestic 21. Sign-off All ports All ports 60 minutes before departure 30 minutes before departure All ports All ports 60 minutes before departure 60 minutes before departure International or Domestic flights Point of departure Sign-on
21.1. A flight crew member will sign off from duty: 21.1.1. thirty (30) minutes after arrival for international flights; and 21.1.2. fifteen (15) minutes after arrival for domestic flights.
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Part D: 22.
Roster/Pattern Construction and Amendment
General Guidelines
22.1. This Part D applies to Roster Construction and any adjustment, variation or amendment of a flight crew members roster, allocated patterns, tours of duty, duty free days and/or leave during a bid period. 22.2. Patterns or tours of duty considered onerous or patterns that exceed the Rostering Manual limits published herein may be modified or accepted by a consultative process between the Company and the Association. 22.3. All rostered, supervisory, checking, training and pilot representative flight duty will be selected and removed from total flight duty before roster publication for a bid period. 23. Efficient tours of duty and patterns
23.1. The Company will construct efficient patterns and tours of duty in order to: 23.1.1. maximise the flight duty time and minimise transit time within each pattern and tour of duty ; and 23.1.2. optimise flight crew members duty free days at his or her base. 24. 78 hours flight duty each bid period Seventy eight (78) hours flight duty for each flight crew member is considered optimum for a bid period. If the average number of flight duty hours for flight crew members exceeds (or is forecast to exceed) eighty two (82) hours in a bid period for more than three (3) consecutive bid periods, the Company and the Association will meet and discuss the reasons, timeframe, ramifications and possible effects on establishment. 25. Passive Training Duties
25.1. For the purposes of roster construction, the following training duties are passive credits: 25.1.1. 3 recurrent training simulator duties annually; 25.1.2. Annual Emergency Procedures Training Day; and 25.1.3. Annual Security Training Day. 25.2. The maximum training duty to be treated as a passive credit is one training duty per bid period and five per recurrent training year. 26. Divisor Balancing
26.1. Balancing of hours within a flight crew members base:
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26.1.1. The Company will build rosters for flight crew members in each base to within five (5) hours of the planned divisor for each category within that base (i.e. Captains hours will be referenced to the planned divisor for Captains and First Officers will be referenced to the planned divisor for First Officers). 26.2. Balancing of hours between flight crew member bases: 26.2.1. Each bid period the Company will compare the planning divisor for flight crew members of a particular category within a base with the average actual divisor for all flight crew members of that category across all bases. 26.2.2. Where there is a discrepancy between the actual divisor of a particular category within a base and the average actual divisor for all flight crew members of that category across all bases, the Company will ensure that the hours are balanced in accordance with the following provisions: 26.3. the Company will ensure that the average actual divisor for flight crew members of a particular base and category are balanced at least once each six (6) month period; 26.3.1. the Company will correct any imbalance in the average actual divisor for flight crew members of a particular base and category every three (3) months (e.g. any imbalance between the actual divisor between bases for the quarter January to March will be corrected in the quarter April to June); 26.3.2. the Company will ensure that the maximum discrepancy between the actual divisor for flight crew members of a particular base and category and the average actual divisor for all flight crew members of that category does not exceed fifteen (15) hours as at 30 June and 30 December each calendar year; and 26.3.3. the Company will perform the balancing of flight crew member hours before the allocation of rosters. 26.4. Calculating the planned divisor: 26.5. When calculating the number of flight crew members available within a base for the purpose of calculating the planned divisor, the following are excluded from the calculation: 26.5.1. flight crew members on annual or long service leave for the whole of the bid period; 26.5.2. flight crew members on long term sick leave for the whole of the bid period; 26.5.3. flight crew members on leave without pay for the whole of the bid period; and 26.5.4. flight crew members on leave of absence for the whole of the bid period. 26.6. Flight crew members who have been awarded golden annual leave days in a bid period are not excluded from the calculation of the number of flight crew members available within a base for the purpose of calculating the planned divisor. 26.7. Where a flight crew member is unavailable for part of the bid period the flight crew members availability will be determined by dividing the number of days that he or she is available by
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the number of days within the bid period. The resulting number will be added to the number of available flight crew members. 26.8. Where a flight crew member is approved by the Company to operate less than a full roster the flight crew members availability will be determined by dividing the number of hours allocated to the flight crew member in question by the planning divisor for flight crew members of a similar category. The resulting number will be added to the number of available flight crew members. 26.9. After completing the summation of all available flight crew members of a particular category and base, the resultant number will be rounded to the nearest 0.25 flight crew member. 26.10. Failure to comply: 26.10.1. The Company will inform the Association of any event that will result in the provisions of this clause not being met. 26.10.2. When the Association is notified of an event as outlined in this sub-clause, the Association and the Company will meet to discuss the reasons for the Companys inability to comply with this clause and to develop a suitable method to rectify any imbalance in flight crew member hours. 26.10.3. The Company will rectify any imbalance in flight crew member hours as soon as reasonably practicable but, in any event, no later than three (3) months after the notification pursuant to this sub-clause. 27. Days Off
27.1. The Company will allocate each flight crew member nine (9) Days Off in each bid period. 27.2. The Company will not allocate a flight crew member a single Day Off on more than one occasion in each bid period unless the flight crew member requests a single day or days off. 27.3. Any single Day Off will be at least 36 hours. 27.4. Any duty that immediately precedes a Day Off will be completed on or before 22:00 the previous day. 27.5. Any duty immediately following a Day Off will not commence before 05:00. 27.6. Subject to any other clauses contained in this Rostering Manual and the Agreement, a flight crew member may agree to waive the requirements of sub-clause 27.3, 27.4 and 27.5 of this Rostering Manual. 28. Infringement of Days off
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28.1. Days Off are normally considered to be inviolate unless the flight crew member volunteers or is required for duty in accordance with the open time procedures in Part G. 28.2. A flight crew member may agree to fly on Days Off, however if a flight crew member performs a duty on a Day Off that Day Off must be replaced within that bid period or within the next available bid period, as agreed between the flight crew member and crew scheduling. 28.3. Days Off rostered as at the publication of a flight crew member's roster will remain days free from duty except during severe disruption and only as a last resort in accordance with Part G of this Rostering Manual. 28.4. If a Day Off is infringed or disrupted, the Day Off will become an AV day and the flight crew member must be allocated another Day Off in the bid period. 28.5. Where a replacement Day Off is required because a flight crew members Day Off is disrupted or infringed, the replacement Day Off must not be provided on a subsequent day where the flight crew member is rostered to perform a duty. 29. Blank days and Available days
29.1. The Company will, in addition to nine (9) Days Off, allocate each flight crew member two (2) BL days in each bid period. 29.2. All days free of duty not designated as Days Off or BL days will be designated AV days. 30. CB Days
30.1. The Company may allocate up to two (2) CB days for each flight crew member every calendar year. CB days are for the purpose provided in the definition in this Rostering Manual. 30.2. Flight crew members will not be paid for CB days. 30.3. If required, the Company will provide return air travel from the flight crew member's base in accordance with normal Company policy. 30.4. CB days are to be considered duty for Rostering Manual limits and flight crew flight and duty limit purposes. 31. Ground Training
31.1. Two tours of duty that include at least one simulator duty cannot be rostered within a single twenty-four (24) hour period (calculated from midnight to midnight). 31.2. On the day immediately preceding the commencement of a simulator duty, a flight crew member must sign-off from any rostered flying duty at, or before, 20:00 hours. 31.3. A flight crew member must have a minimum of twelve (12) hours rest before he or she signson for a simulator duty or any deadheading associated with a simulator duty. 32. Pattern repair for flight duty between Sydney, Brisbane and Melbourne
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32.1. The Company may remove a flight crew member from a single (1) deadhead sector and a single (1) operating sector in order to effect pattern repair where: 32.1.1. a flight crew member is rostered to perform a two (2) sector flight duty departing from Sydney, Melbourne or Brisbane (no other ports can be involved) and returning to the port of departure on the same calendar day; 32.1.2. one of the flight crew members operating sectors is changed to a deadhead sector; and 32.1.3. another flight crew member is rostered to deadhead over the relevant sector on the same calendar day and is able to perform the operating sector without infringing his or her Rostering Manual limits or the flight crew flight and duty limits. 32.2. The parties agree to meet and discuss amending this clause to include other bases if the Company opens other bases. 33. Disruption of multi-day Pattern or tour of duty because of illness or cancellation
33.1. Where a flight crew member is rostered to perform a multi-day pattern or tour of duty and the flight crew member: 33.1.1. was unfit to operate part of that pattern or tour of duty because of personal illness or injury and contacts the Company to advise it that he or she is fit for duty (in accordance with the Agreement); or 33.1.2. has that duty, tour of duty or pattern cancelled, the Company may: 33.1.3. allocate an alternative duty to the flight crew member; or 33.1.4. subject to clause 49, roster the flight crew member for Reserve duty for the first day of those remaining from the original pattern or tour of duty in which case all subsequent days from the original pattern or tour of duty will be AV days. 34. Re-routing If the Company intends to re-route it must do so in a manner that causes the least disruption to the smallest number of flight crew members. 35. Pattern or tour of duty trading Flight crew members may, if approved by the Company, trade or swap tours of duty or patterns and the Company will facilitate any approved trades or swaps. 36. Flight crew members inability to fly due to illness, duty limits or other reason When a flight crew member cannot fly a particular pattern or tour of duty due to illness, duty limits, or any other reason, the Company will only reassign the affected flight crew member.
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37. Company not to contact flight crew members at unreasonable hours The Company will make every effort not to contact flight crew members between the hours of 22:00 and 05:00. 38. Notification of roster changes 38.1. The Company will, if requested to do so by the flight crew member, notify a flight crew members nominated contact of any roster change that affects the duration of the sector, pattern or tour of duty being flown. 38.2. Whilst in flight, the Company may contact the operating flight crew to advise them to contact crewing on arrival if there are any changes to their current (on the day) duty only. This message can only be delivered in flight if it is included in the normal arrival information contact period that occurs prior to descent and can be made via ACARS or VHF radio. 39. Special consideration 39.1. Requests for particular allocations (eg. days off, training patterns, etc) by flight crew members during roster construction must be submitted, in writing, to the General Manager (or his/her delegate) of the relevant aircraft type at least one bid period before the commencement of the bid period concerned. 39.2. Where a flight crew member wishes to be allocated a particular pattern he or she must apply to the Company in writing. 39.3. All requests for particular allocations will be provided to, and co-ordinated with, the Association if requested by the Association. 40. Duty immediately before or after annual leave The company will not roster a flight crew member to perform duty which would extend beyond 20:00 hours on the day before commencement of annual leave or to commence duty before 08:00 hours on the day following completion of such annual leave unless the particular duty reflects the flight crew members bid.
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Part E: 41.
Bidding
Bidding seniority
41.1. Bidding seniority will be determined by the bid period rotation of the PSN. In each bid period the top seven percent (7%) of flight crew members on the PSN for the previous bid period will rotate to the bottom of the PSN. 41.2. Flight crew members who are on; 41.2.1. approved leave; or 41.2.2. temporary transfer to another base, 41.2.3. for a complete bid period will retain the place in the PSN that they were at the date that the approved leave or temporary transfer commenced. 41.3. A flight crew member who is cleared to the line will adopt the most junior position on the PSN for the bid period which commences immediately following the date that he or she was first cleared to the line and will then rotate in accordance with sub-clause 41.4. 41.4. Each flight crew members position on the PSN will rotate at the time of publication of the rosters for that bid period. 41.5. A flight crew member who is involved in a base swap with another flight crew member will adopt the position of the flight crew member that he or she swapped with on the PSN at the relevant base for bidding purposes. 42. Bidding timetable
42.1. The Company will: 42.1.1. make the monthly bid package available in order to allow bidding by flight crew members as early as possible but no later than 12:00 on the ninth (9th) day of each bid period; 42.1.2. close bids by 12:00 on the fifteenth (15th) day of each bid period; and 42.1.3. publish rosters on the twenty-second (22nd) day of each bid period. 42.2. (the Association reserves its rights to insist that rosters are published by 15:00 on the twentysecond (22nd) day of each bid period.) 42.3. The bidding or allocation system to be used by the Company for the building of flight crew members' Rosters must be mutually agreed between the Association and the Company.
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Part F: 43.
Reserve Duty
Aim to reduce unwarranted reserve coverage & improve flexibility
43.1. The Company acknowledges that the aim of these provisions is to reduce unwarranted reserve coverage and that, by agreeing to the following procedures, the Association is adopting a cooperative approach rather than pursue a claim for payment for flight crew members who stand-by on reserve. 43.2. Both parties seek to improve the administrative and operational flexibility of the Reserve duty system and to simplify the process of allocating Reserve duty. 44. Company may require a flight crew member to carry out reserve duty
44.1. Subject to the provisions of the Agreement and the Rostering Manual the Company may require a flight crew member to carry out reserve duty at the flight crew members base. 44.2. Notwithstanding clause 44.1 a flight crew member who is at a geographic location other than his or her base for other than duty purposes may, by mutual agreement with the Company, carry out reserve duty at that location. 45. Period of reserve duty
45.1. The Company may roster a flight crew member for a period of reserve duty not exceeding fourteen (14) consecutive hours. 45.2. On the day of operation the period of reserve duty will be reduced to twelve (12) hours. 45.3. The Company must, no later than twenty-four (24) hours before it commences, inform the flight crew member of when the consecutive twelve (12) hour period of reserve duty begins. If the Company makes no contact, the flight crew member will recognise the first twelve (12) rostered hours as the intended reserve duty period. 46. Flight crew member to remain available until the end of reserve duty A flight crew member who is required to perform reserve duty must remain available until the completion of the specified twelve (12) hour period of reserve duty or until instructed otherwise by the Company. 47. Sign-on for reserve duty A flight crew member called out for reserve duty must sign-on at the airport as soon as possible but no later than one hundred and twenty (120) minutes after being contacted by the Company.
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48.
Pay for Reserve duty
48.1. If the Company contacts a flight crew member who is on Reserve duty and requires that flight crew member to perform a flight or simulator duty that flight crew member will be paid the following: 48.1.1. with respect to single day patterns or tours of duty, four (4) hours pay or the actual scheduled block time worked for that duty period, whichever is greater; and 48.1.2. with respect to multi-day patterns or tours of duty, four (4) hours pay or the actual scheduled block time worked for the first day (whichever is greater), and actual scheduled block time for each subsequent day. 49. Agreed daily reserve coverage for bases 49.1. Notwithstanding any other clause in this Rostering Manual, the Agreement and the Award, the Company, on any given day, will not hold more flight crew members on reserve than: 49.1.1. Sydney: 49.1.2. Melbourne: 49.1.3. Brisbane: Four (4) Captains and four (4) First Officers; Five (5) Captains and five (5) First Officers; and Three (3) Captains and three (3) First Officers.
49.2. The Company will not roster a flight crew member for more than three (3) reserve days in any bid period. 49.3. The Company will not roster or hold on reserve a number of flight crew members exceeding the agreed daily reserve coverage set out in this clause 49 without consultation with the Association. 50. Requests to be released from reserve duty or to vary or swap the reserve duty A flight crew member may request that the Company release the flight crew member from reserve duty or that flight crew member may vary or swap the reserve duty with other flight crew members. 51. Order of priority for allocating reserve duty 51.1. The Company will allocate flight duty to flight crew members on reserve duty in accordance with this clause 51. 51.2. A flight crew member who is placed on a reserve duty will (on the day of the reserve duty) be given priority in the allocation of open time. Where two or more flight crew members have a similar reserve duty status on reserve duty coverage, the following will apply: 51.2.1. the Company will, before the commencement of each bid period, produce a record of each flight crew member's cumulative annual flight duty hours based on the twelve (12) bid periods immediately preceding the current bid period;
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51.2.2. the flight crew member with the lowest annual hours will be used first, followed by the flight crew member with the next lowest hours; and 51.2.3. where two flight crew members have the same annual hours, the priority will be decided in favour of the most senior flight crew member in accordance with the PSN. 51.3. Flight crew members can request to be called first or last for reserve duty 51.4. If flight crew members prefer not to have their flight duty allocated in the order set out in this clause 51 they may request that the Company contact them first or last, and the Company will use its best endeavours to accommodate the request.
51.5. Volunteering for reserve duty 51.5.1. Subject to clause 49 a flight crew member may volunteer to have an additional reserve duty placed on his or her Roster by contacting the Company. The Company will not allocate a reserve duty to a flight crew member who has already been allocated another duty for that particular day. 51.5.2. When contacted by the Company, a flight crew member cannot convert that contact into an opportunity to volunteer for reserve duty. 51.5.3. The Company cannot assign a duty to a flight crew member who contacts it for the purposes of volunteering for reserve duty. 52. Consultation on level of reserve duty coverage
52.1. The Company will consult with the Association on the level of reserve duty coverage. These consultations will take place at least once every six (6) bid periods unless agreed otherwise by both parties. 52.2. This sub-section will be subject to change after the implementation of a computerised line/bid construction system to include the ability to bid for pre-constructed Reserve duty patterns. 53. Reserve duty only to be rostered at home base The Company will only roster a flight crew member to do a reserve duty at his/her base, unless otherwise agreed (subject to clause 44.2 and 49) between the Company and the flight crew member concerned. 54. Records to be kept The Company will keep records of its utilisation of flight crew members for reserve duty. 55. Review The parties will continue to review and modify reserve coverage, but any changes considered desirable or necessary will only be implemented by agreement between the parties. 56. Reserve Rosters
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56.1. Consultation 56.1.1. Before allocating Reserve Rosters to any flight crew member the Company must meet with the Association and discuss the reasons why Reserve Rosters are necessary. 56.1.2. The rostering of flight crew members on Reserve Rosters can only be by mutual agreement with the Association. 56.1.3. The Company may, with the agreement of the Association, allocate Reserve Rosters to flight crew members on the conditions set out in this clause 56. 56.2. Reserve Roster construction 56.2.1. a Reserve Roster must contain at least nine (9) Days off and two (2) BL days; and 56.2.2. the number of reserve days on a Reserve Roster must not exceed the average actual divisor divided by four (4). 56.3. Pay for Reserve Rosters 56.3.1. flight crew members on Reserve Rosters must be paid the actual divisor for the flight crew members base and category, or the actual hours flown plus a credit of four (4) hours pay at the flight crew members applicable hourly rate for each day of reserve duty placed on a Reserve Roster, whichever is the higher; 56.3.2. a flight crew member on a Reserve Roster, who fails to make himself or herself available to stand reserve will, for the purposes of the calculation of his or her pay, have the value of the actual divisor for the flight crew members base and category reduced by four (4) hours; 56.3.3. reserve days will not be allocated to flight crew members not allocated a Reserve Roster unless flight duty is lost by the flight crew member or unless it is crucial for maintaining schedule integrity. Any reserve day placed on the roster of a flight crew member who has not been allocated a Reserve Roster will attract a four (4) hour credit; 56.3.4. flight crew members not allocated a Reserve Roster who lose flight duty may access additional flight duty through the open time system in accordance with normal open time rules; and 56.3.5. a flight crew member who is sick on a reserve day is entitled to normal sick leave entitlements upon production of a medical certificate.
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Part G: 57. General
Open Time
57.1. Any duty that is not contained in a Roster is open time. 57.2. An award of open time to a flight crew member is final and cannot be relinquished or amended without the approval of the Company. 57.3. After the rosters have been published, any additional administrative, training, unscheduled recency or unscheduled route-check flight duty will, whenever possible, be taken from open time and will have priority over line flight crew members. If no suitable open time is available, then displacement of line flight crew members may take place. 57.4. Displacement pursuant to clause 57.3 will be kept to a minimum, and the Company will make records of such displacement available to the Association. Where the Company must displace a flight crew member pursuant to 57.3 for the purposes of accommodating unscheduled recency or unscheduled route-check flight duty the flight crew member must not be displaced from more than: 57.4.1. two (2) sectors; and 57.4.2. three (3) hours of flight duty. 57.5. Where the company wishes to maintain a flight crew members recency, a flight crew member may be displaced for one sector, with no subsequent loss of credit for the displaced sector. 57.6. If operational constraints require rescheduling and open time commitments exceed available resources (that is, the total number of flight crew members on reserve duty and AV days), the Company may award/assign open time up to seven (7) days before tour of duty commencement, in accordance with clause 62. 57.7. The Company will keep a record (and make that record available to the Association on request) of all transactions involving open time including: 57.7.1. the award or allocation of open time (or the withdrawal of an award or allocation of open time); 57.7.2. the open time list; and 57.7.3. the open time book. 58. Short of time flight crew members
58.1. If a flight crew member is a short of time flight crew member for the purposes of this Rostering Manual he or she: 58.1.1. may select any open time to increase his/her credit hours;
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58.1.2. may trade patterns or tours of duty with any open time in the open time list, 58.1.3. provided that any such selection or trade increases the flight crew members credit hours for the bid period and is with concurrence of crew scheduling requirements. 58.2. A flight crew member can not use sub-paragraph 58.1 to increase his/her credit hours to more than ten (10) hours above his or her initially awarded roster. 58.3. A flight crew member will be considered a short of time flight crew member for two (2) bid periods, the bid period in which the flight crew member becomes a short of time flight crew member and next consecutive bid period (excluding a full bid period of leave) unless subparagraph 58.4 applies. 58.4. A flight crew member is no longer deemed short of time once his/her credit time is increased above short of time flight crew member criteria. 59. Open time list The Company will maintain a list of all open time to be called the open time list. 59.1. The Company will, as soon as it becomes aware that a duty is open time, place the details of the open time in the open time list. 59.2. The Company will include the following information in the open time list in relation to any entry of open time: 59.2.1. type of duty; 59.2.2. type of aircraft; 59.2.3. date/s of operation; 59.2.4. pattern routing and pattern number; and 59.2.5. the number of hours of fight duty in the pattern, tour of duty or sector. 59.3. The Company will provide flight crew members with access to the open time list (or provide a copy of the open time list if the flight crew member so requests): 59.3.1. in person; 59.3.2. by email; 59.3.3. by telephone; 59.3.4. by facsimile; or 59.3.5. electronically (by computer and modem).
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59.4. A flight crew member may request that the Company provide details of available open time and the Company must advise the flight crew member (by providing a copy of the open time list if the flight crew member so requests) of the open time that is in the open time list. 60. Open time book
60.1. The Company will maintain a list of flight crew members who wish to be allocated open time. The list will contain a flight crew members name, category and available dates and will be called the open time book. 60.2. A flight crew member may submit, or remove, a bid for open time by requesting that the Company place the flight crew members name in the open time book or remove the flight crew members name from the open time book. 60.3. A flight crew member may request that the Company allocate him or her: 60.3.1. specific open time; 60.3.2. a specific type of open time; or 60.3.3. open time on a particular date or dates, 60.3.4. when he or she places his or her name in the open time book. 60.4. The Company will ensure that the open time book is available to flight crew members at all times and that flight crew members can enter or remove their names from the open time book: 60.4.1. in person; 60.4.2. by email; 60.4.3. by telephone; 60.4.4. by facsimile; or 60.4.5. electronically (by computer and modem). 61. Open Time Pattern Drop The parties agree to work together to trial and, when acceptable to both parties, implement a pattern drop facility within the open time arrangements. 62. Priority of allocation of open time The Company must allocate open time in accordance with the order of priority set out in the table below:
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Priority of Allocation of Open Time Early Closure (Any closure of open time before four (4) calendar days before the day on which the duty commences or before Month End closure) Order of Priority Conditions to be met before allocating open time Company discretion to early close.
Priority 1 Assigned to a flight crew member who may already be scheduled to deadhead on the uncovered flight.
Flight crew member is assignable, who is not on an X day and does not have an X Awarded or assigned to a flight crew member day infringed by the duty. with less than 58 projected hours. Allocation is not restricted by seniority. Priority 2 Priority 3 Awarded to short of time flight crew member. Open time must be awarded. Must increase the flight crew members projected hours. When more than one flight crew member is classified as short of time, open time will be awarded in the order of the lowest time flight crew member to the highest time flight crew member measured over the preceding twelve months.
Company discretion to early close. Emphasis will be given to maintaining Assigned to a flight crew member who is the flight crew members original pattern coincidently losing flight time on the and to minimise the disruption to other same day and is able to fly the open time. flight crew members. If more than one flight crew member is in this priority, open time will be awarded in the order of the lowest time flight crew member to the highest time flight crew member measured over the preceding twelve months. Priority 4
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Normal closure (Open time will close at 08:00, four (4) days before the day on which the duty commences, with notification commencing at 12:00 on the day of closure (e.g. a duty commencing Wednesday may be allocated on the preceding Saturday.) Month End closure (Open time occurring between day twenty nine (29) of a bid period and day three (3) of the following bid period will close seven (7) days before the day on which the duty commences.) Priority 1-3 Priority 4 See priorities 1 3 of Early Closure. Normal closure and month end closure does not apply to this priority.
Emphasis will be given to maintaining the flight crew members original pattern Assigned to a flight crew member who is and to minimise the disruption to other coincidently losing flight time on the flight crew members. same day and is able to fly the open time. If more than one flight crew member is in this priority, open time will be awarded in the order of the lowest time flight crew member to the highest time flight crew member measured over the preceding twelve months. Priority 5 If more than one flight crew member is in this priority, open time will be Awarded to a flight crew member scheduled to awarded in the order of the lowest time fly on that day whose duty will flight crew member to the highest time accommodate the additional flight duty flight crew member measured over the time. preceding twelve months. Priority 6 If more than one flight crew member is in this priority, open time will be Awarded to a flight crew member NOT on awarded in the order of the lowest time reserve whose name appears in the open flight crew member to the highest time time book whether on an AV day, BL day flight crew member measured over the or X day. preceding twelve months. Priority 7 Base Specific Company discretion. Must not reduce projected hours if Awarded to a flight crew member NOT on conflict results. reserve, at another base station whose If more than one flight crew member is name appears in the open time book. in this priority, open time will be awarded in the order of the lowest time flight crew member to the highest time flight crew member measured over the preceding twelve months. Priority 8
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Any infringed duty free days must be repaid in the current bid period, or if not Assigned in the following order: possible, in the immediately ensuing bid (a) A flight crew member on an AV day period. (base specific); (b) A flight crew member on an AV day (not base specific); (c) A flight crew member already flight duty that day; (d) Re-routing crews; (e) A flight crew member on a BL day. Priority 9 Late closure (Within two (2) calendar days of the day on which the duty commences (e.g. a duty commencing on Wednesday can be allocated on the preceding Monday). Priorities 1-8 (priority 9 does not apply) Priority 10 Within 2 calendar days of the day on which the duty commences (e.g. a duty commencing on Wednesday can be allocated on the preceding Monday). Allocated in the following order: (a) Use of Volunteers (not base specific); (b) Awarded to a flight crew member on reserve whose name appears in the open time book (see note) (c) Assignment to flight crew members on AV days (base specific); (d) Assignment to flight crew members on AV days (not base specific); (e) Assignment to flight crew members on reserve duty (not base specific); (f) Re-routing crews; (g) Assignment to flight crew members on BL days; or (h) Any available flight crew member, including flight crew members on Days off. As per normal closure. BL days not to be infringed unless complete re-routing of crews has taken place. Any infringed duty free days must be repaid in the current bid period, or if not possible, in the immediately ensuing bid period. 10(b) is Base Specific. If more than one flight crew member is in this priority, open time will be awarded in the order of the lowest time flight crew member to the highest time flight crew member measured over the preceding 12 months. 10(e) Flight crew members on reserve who wish to be reserve volunteers must nominate prior to the day of reserve. Flight crew members on reserve who are volunteers to fly will be utilised prior to reserve flight crew members who are not reserve volunteers to fly. If more than one flight crew member is in either category of reserve flight crew member, open time will be assigned in the order of the lowest time flight crew member to the highest time flight crew member measured over the preceding 12 months.
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Priority 11 (On the day of the duty) Allocated in the following order: (a) Assigned to flight crew members on reserve duty (base specific); (b) Assigned to flight crew members on reserve duty (not base specific); (c) Use of Volunteers (not base specific); (d) Assigned to flight crew members on AV days (base specific); (e) Assigned to flight crew members on AV days (not base specific); (f) Re-routing crews; (g) Assigned to flight crew members on BL days; (h) Assigned to any available flight crew member including Flight crew Member on days off, BUT Within 4 hours of departure may be allocated using the categories of Priority 11, in any order.
On the day of operation flight crew members on reserve duty must be utilised first. Flight crew members on reserve who wish to be reserve volunteers must nominate prior to the day of reserve. Flight crew members on reserve who are volunteers to fly will be utilised prior to reserve flight crew members who are not reserve volunteers to fly. If more than one flight crew member is in either category of reserve flight crew member, open time will be assigned in the order of the lowest time flight crew member to the highest time flight crew member measured over the preceding twelve months. BL days not to be infringed unless complete re- routing of crews has taken place. Any infringed duty free days must be repaid in the current bid period, or if not possible, in the immediately ensuing bid period.
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Part H:
Roster Construction for Training Flight Crew
63. Training Captain Category A/B 63.1. A Training Captain A/B is entitled to: 63.1.1. twelve (12) X days each bid period; 63.1.2. at least one (1) day each bid period being reserved for management duty (an MD day); 63.1.3. any other days not planned for duty being designated on the roster as AV days; 63.1.4. the re-designation (by agreement between the Company and the Training Captain A/B) of infringed X days regardless of the reason for the infringement and, where possible, the redesignation will take place within the bid period of the infringement. If the infringed X days are not capable of being re-designated within the bid period of infringement, they will be carried over into the immediately ensuing bid period and redesignated as additional X days. 64. Training Captain Category D
64.1. The following duties will be pre-allocated by the Company: 64.1.1. all checking duties (including final command checks, pre-final command checks, final First Officer checks and route checks); 64.1.2. planned recency flying; 64.1.3. initial (six sector low density) line training; 64.1.4. training operations into CTAF-R and thirty metre wide runways; and 64.1.5. training operations as mutually agreed between the Training Captain Category D, the Company and the Association. 65. Training First Officer
65.1. Training duties for TFOs will be pre-allocated by the company. 66. Allocation of Personal Flying for Training Captains Category A/B and TFOs
66.1. The Company will pre-allocate all checking and training duties and, where possible, requested days off; 66.2. Personal flying requests for the following bid period must be nominated by 10:00 am on the 12th day of each month;
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66.3. A maximum of 6 days of personal flying will be selected and allocated for the following bid period based upon a rolling seniority of the Training Captains Category A/B or TFOs who are available that bid period; 66.4. Personal flying should be representative flying, which may be audited from time to time by the Scheduling Consultative Committee. 67. Quarantined Training Patterns
67.1. An agreed number (maximum 4) of suitable training patterns (1-3 days in length) of low density (maximum 4 hours per day) may be quarantined during periods of significant training requirements for the purpose of minimising displacements due to training failures. These patterns must be flagged in the open time list as not available. When not required for training, these patterns may be allocated in accordance with clause 62.
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GENERAL INDEX ARRANGEMENT OF PROVISIONS PART 1 - INTRODUCTION................................................................................................................................5 1. 2. 3. 4. 4.1. 4.2 5. 6. 7. 7.1. 7.2. 7.3. 7.4. TITLE .........................................................................................................................................................5 DURATION................................................................................................................................................5 PARTIES BOUND .....................................................................................................................................5 RELATIONSHIP TO OTHER INSTRUMENTS...................................................................................5 RELATED AGREEMENTS/AWARDS ................................................................................................................5 INTEGRATION AWARD & OTHER MATTERS ...................................................................................................5 NO PRECEDENT ......................................................................................................................................6 NO EXTRA CLAIMS................................................................................................................................6 INTENT & PURPOSE/STATEMENT OF COMMITMENT ...............................................................6 INTENT & PURPOSE.......................................................................................................................................6 STATEMENT OF COMMITMENT ......................................................................................................................6 TYPES OF AIRCRAFT AND CATEGORIES OF FLYING .......................................................................................7 RESPONSE TO CHANGED COMPETITIVE CIRCUMSTANCES ..............................................................................7
PART 2 DEFINITIONS, INTERPRETATION, ANTI-DISCRIMINATION AND SPECIAL CONDITIONS............................................................................................................................................9 8. 9. 9.1. 9.2. 9.3. 9.4. 10. DEFINITIONS ...........................................................................................................................................9 INTERPRETATION ...............................................................................................................................16 HEADINGS AND EXPLANATORY NOTES .......................................................................................................16 WHERE A WORD OR PHRASE IS DEFINED......................................................................................................16 A REFERENCE TO ONE GENDER INCLUDES THE OTHER GENDER. ..................................................................16 UNLESS STATED OTHERWISE REFERENCE TO ANY AGREEMENT . .................................................................16 ANTI-DISCRIMINATION PROVISION..............................................................................................16
10.1. IT IS THE INTENTION OF THE PARTIES . ........................................................................................................16 10.2. DISCRIMINATION IN OPERATION OF THE AGREEMENT.................................................................................16 10.3. NOTHING IN THIS CLAUSE IS TO BE TAKEN TO AFFECT:................................................................................16 11. SPECIAL CONDITIONS........................................................................................................................16
PART 3 DISPUTE RESOLUTION & CONSULTATION...........................................................................17 12. 13. 13.1. 13.2. 13.3. 13.4. DISPUTE SETTLEMENT PROCEDURE............................................................................................17 CONSULTATION ...................................................................................................................................17 CONSULTATIVE COMMITTEE ......................................................................................................................17 COMMITTEE MEETINGS...............................................................................................................................17 PURPOSE OF THE COMMITTEE ....................................................................................................................17 AGREEMENT IS REACHED BETWEEN THE COMPANY AND THE ASSOCIATION ..............................................17
PART 4 COMPANY & EMPLOYEES OBLIGATIONS, EMPLOYMENT RELATIONSHIP & RELATED ARRANGEMENTS .........................................................................18
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14. 14.1. 14.2. 14.3. 14.4. 14.5. 14.6. 14.7. 14.8. 14.9. 14.10. 14.11. 14.12. 14.13. 15. 15.1. 15.2. 15.3. 15.4. 15.5. 15.6. 16. 16.1. 16.2. 16.3. 16.4. 16.5. 17. 17.1. 17.2. 17.3. 17.4. 17.5. 17.6. 17.7. 17.8. 17.9. 18.
CONTRACT OF EMPLOYMENT ........................................................................................................18 MATERIAL TO BE PROVIDED TO FLIGHT CREW MEMBERS ON COMMENCEMENT OF EMPLOYMENT ...............18 FLIGHT CREW MEMBERS WILL CARRY OUT ORDERS OF THE COMPANY .......................................................18 EXCLUSIVE SERVICE ...................................................................................................................................18 CONTACTABILITY .......................................................................................................................................18 WORK ORGANISATION ................................................................................................................................19 ORDERS TO FLIGHT CREW MEMBERS ...........................................................................................................19 PROBATIONARY PERIODS ............................................................................................................................19 STAND-DOWN PROVISIONS .........................................................................................................................19 TERMINATION OF EMPLOYMENT .................................................................................................................20 WITHHOLDING FLIGHT CREW MEMBERS FROM SERVICE ..............................................................................21 SUSPENSION FROM DUTY ............................................................................................................................21 OVERPAYMENT OF FLIGHT CREW MEMBER..................................................................................................22 REDUNDANCY ............................................................................................................................................22 SENIORITY .............................................................................................................................................24 GENERAL PROVISIONS .................................................................................................................................24 SENIORITY LIST ...........................................................................................................................................26 APPLICATION OF SENIORITY ........................................................................................................................26 LETTERS OF PREFERENCE ...........................................................................................................................27 BIDS FOR SPECIFIC VACANCIES ...................................................................................................................28 LIMITATIONS ON SENIORITY ........................................................................................................................28 PROMOTION ..........................................................................................................................................28 STATUS ............................................................................................................................................28 SELECTION FOR TRAINING AND PROMOTION ...............................................................................................28 FAILING PROMOTIONAL TRAINING OR FAILING TO ACHIEVE REQUIRED STANDARD OF PROFICIENCY...........29 COMMAND POTENTIAL ASSESSMENT ...........................................................................................................30 PILOT ASSESSMENT COMMITTEE ................................................................................................................30 ALLOCATION TO BASE ......................................................................................................................31 COMPANY TO ALLOCATE EACH FLIGHT CREW MEMBER TO A BASE..............................................................31 PROMULGATION OF VACANCIES ..................................................................................................................31 TRANSFERS ............................................................................................................................................31 ALLOCATION PROCEDURES .........................................................................................................................32 REJECTION OF BIDS .....................................................................................................................................32 COMPASSIONATE BASE TRANSFER ..............................................................................................................32 ESTABLISHMENT OF NEW BASES .................................................................................................................32 REVIEW OF TERMS AND CONDITIONS AT BASES ...........................................................................................33 TEMPORARY BASE TRANSFERS AND PERMANENT BASE SWAPS....................................................................34 ALLOCATION TO AIRCRAFT TYPE ................................................................................................37
18.1. METHOD OF ALLOCATION...........................................................................................................................37 18.2. REDUCTION IN THE NUMBER OF FLIGHT CREW MEMBERS AT A BASE ...........................................................37 19. FREEZE PERIODS .................................................................................................................................37 19.1. TRAINING VACANCIES .................................................................................................................................37 19.2. FLIGHT CREW MEMBERS INITIAL COMMAND ..............................................................................................38 19.3. FLIGHT CREW MEMBER ASSIGNED A VACANCY ...........................................................................................38 20. 20.1. 20.2. 20.3. 20.4. 20.5. 20.6. 20.7. TRANSFER OF SHORT HAUL FLIGHT CREW MEMBERS TO LONG HAUL OPERATIONS ................................................................................................................38 DEFINITION OF LONG HAUL AND SHORT HAUL AIRCRAFT ............................................................................38 ORDER OF ALLOCATION OF VACANCIES ON LONG HAUL AIRCRAFT .............................................................38 RANKING OF A FLIGHT CREW MEMBERS STATUS ON AIRCRAFT TYPE .........................................................39 BIDDING FOR VACANCIES IN A LOWER CATEGORY ......................................................................................39 PAY AND CONDITIONS DURING TRANSITIONAL TRAINING............................................................................39 FAILURE TO QUALIFY ON LONG HAUL AIRCRAFT .........................................................................................40 CONTINUITY OF SERVICE ............................................................................................................................41
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20.8. COMMAND TRAINING .................................................................................................................................41 21. 21.1. 21.2. 21.3. 21.4. 22. 22.1 23 23.1 23.2 24 25 CONDITIONS GOVERNING TRAINING CAPTAINS CATEGORY A,B, D AND E AND TRAINING FIRST OFFICERS ..........................................................................41 CONDITIONS GOVERNING TRAINING CAPTAINS CATEGORY A/B ...............................................................41 CONDITIONS GOVERNING TRAINING CAPTAINS CATEGORY D...................................................................46 CONDITIONS GOVERNING TRAINING CAPTAIN CATEGORY E......................................................................49 CONDITIONS GOVERNING TRAINING FIRST OFFICERS .................................................................................49 SUPPLY OF AGREEMENT...................................................................................................................51 COMPANY TO SUPPLY COPY OF THIS AGREEMENT ......................................................................................51 ACCESS TO PERSONAL RECORDS ..................................................................................................51 FLIGHT CREW MEMBER MAY INSPECT HIS OR HER PERSONAL FILE ..............................................................51 FLIGHT CREW MEMBER TO HAVE ACCESS TO ADVERSE MATERIAL PLACED ON PERSONAL FILE ..................52 LOSS OF LICENCE INSURANCE .......................................................................................................52 PILOT INDEMNITY AND RELEASE .................................................................................................53
PART 5 PAY & RELATED MATTERS........................................................................................................54 26. 26.1. 26.2. 26.3. 26.4. 26.5. 26.6. 26.7. 26.8. 27. 27.1. 27.2. 27.3. 27.4. 27.5. 27.6. 27.7. 27.8. 27.9. 27.10. 27.11. 27.12. 27.13. 27.14. 27.15. 27.16. PAY ...........................................................................................................................................................54 CASH PAYMENT ON LODGEMENT................................................................................................................54 ANNUAL SALARY AND INCREMENTAL PAY SCALE FOR CAPTAINS .............................................................54 ANNUAL SALARY AND INCREMENTAL PAY SCALE FOR FIRST OFFICERS ....................................................54 ANNUAL BASE RATE INCREASES ................................................................................................................55 PUIT SALARY RATE ...................................................................................................................................55 ADDITIONAL HOURLY RATE AFTER FIFTY- EIGHT (58) HOURS.....................................................................56 EFFECTIVE DATE FOR SALARY RATE ...........................................................................................................56 COMPANY INCENTIVE PAYMENTS ...............................................................................................................56 CALCULATING PAY FOR VARIOUS DUTIES OR TRAINING OR LEAVE AND GENERAL PAY RULES...............................................................................................................57 PAYMENT FOR FLIGHT TIMES .....................................................................................................................57 PAY FOR CAPTAINS OPERATING AS FIRST OFFICERS ...................................................................................58 PAYMENT FOR SIMULATOR DUTY ................................................................................................................58 PAYMENT FOR EMERGENCY PROCEDURES TRAINING .................................................................................59 TRAINING PAY ............................................................................................................................................59 PAYMENT FOR FLIGHT CREW MEMBERS UNDERTAKING A COURSE OR TRAINING OUTSIDE AUSTRALIA ......60 JURY DUTY PAY..........................................................................................................................................61 ANNUAL LEAVE PAY ..................................................................................................................................61 PERSONAL LEAVE PAY ...............................................................................................................................61 RULES FOR SICK LEAVE THAT ACCRUED PRIOR TO THIS AGREEMENT..........................................................62 "TOPPING UP" OF SICK LEAVE .....................................................................................................................63 FLIGHT CREW MEMBERS MAY ACCESS NINETY (90) DAYS ACCUMULATED SICK AND PERSONAL LEAVE .....64 PAYMENT OF SICK LEAVE AND PERSONAL LEAVE ON MEDICAL TERMINATION ...........................................65 LONG SERVICE LEAVE PAY ........................................................................................................................65 SALARY SACRIFICE .....................................................................................................................................65 DUTY HOURS AND DUTY HOUR RATE OF PAY ............................................................................................65
PART 6 HOURS OF WORK, SCHEDULING & RELATED ARRANGEMENTS ..................................67 28. 28.1. 28.2. 28.3. 28.4. 29. ROSTERING............................................................................................................................................67 ROSTERING AND HOURS OF WORK .............................................................................................................67 ROSTERS ............................................................................................................................................67 COORDINATED BIDDING FOR FLIGHT CREW MEMBERS WITH PARTNERS EMPLOYED BY QANTAS .................67 FLIGHT CREW MEMBERS GOLDEN BID BEFORE RETIREMENT ......................................................................67 CAO EXEMPTION - SUPPORT FOR CONTINUATION .................................................................67
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30. 30.1. 30.2. 30.3. 30.4. 30.5. 31. 32.
DUTY OF A FLIGHT CREW MEMBER.............................................................................................68 DUTIES OF A FLIGHT CREW MEMBER ...........................................................................................................68 FLIGHT CREW MEMBERS MUST BE AVAILABLE ............................................................................................68 CAPTAINS WILL PERFORM DUTIES OF A FIRST OFFICER ...............................................................................68 FLIGHT CREW MEMBERS WILL BE ROSTERED TO PERFORM . ........................................................................68 PRO-RATION OF HOURS FOR APPROVED LEAVE OR ABSENCE DURING BID PERIOD .......................................68 TEMPORARY ROSTER SWAPS .........................................................................................................69 DAYS OFF (X DAYS) .............................................................................................................................70
32.1. NUMBER OF X DAYS ...................................................................................................................................70 32.2 A REPLACEMENT X DAY MUST BE TAKEN, ARRANGED AND ADVISED TO THE FLIGHT CREW MEMBER ........70 32.3. BL DAYS ............................................................................................................................................70 33. 34. RESERVE DUTY ....................................................................................................................................71 CB DAYS ..................................................................................................................................................71
34.1. COMPANY MAY ROSTER TWO (2) CB DAYS EVERY CALENDAR YEAR .........................................................71 34.2. CONSULTATION WITH THE ASSOCIATION ....................................................................................................72 35. 35.1. 35.2. 35.3. 35.4. 35.5. 35.6. 35.7. 35.8. 36. INTERNATIONAL OPERATIONS PROTOCOL...............................................................................72 PROTOCOL ESTABLISHED PURSUANT TO THIS AGREEMENT ........................................................................72 APPLICATION OF PROTOCOL ........................................................................................................................72 LINE BUILDING ............................................................................................................................................72 FLIGHT CREW MEMBERS TO BE FLOWN TO HOME BASE IF PATTERN LINES DISRUPTED .................................72 ALLOWANCES ............................................................................................................................................73 ACCOMMODATION ......................................................................................................................................74 FLOW ON ............................................................................................................................................74 REVIEW OF INTERNATIONAL OPERATIONS PROTOCOL ................................................................................74 COMPANY MAY IMPLEMENT ELECTRONIC FLIGHT BAG OR SIMILAR APPLICATIONS FOR FLIGHT DECK ..............................................................................................................................74 28 DAY BID PERIODS ...........................................................................................................................74
37.
PART 7 LEAVE ENTITLEMENTS...............................................................................................................75 38. 38.1. 38.2. 38.3. 38.4. 38.5. 38.6. 38.7. 38.8. 38.9. 38.10. 38.11. 38.12. 38.13. 39. 39.1. 39.2. 39.3. 39.4. 39.5. 39.6. ANNUAL LEAVE....................................................................................................................................75 DEFINITION ............................................................................................................................................75 ENTITLEMENT ............................................................................................................................................75 AVAILABILITY ............................................................................................................................................75 GOLDEN LEAVE DAYS PRE-ALLOCATED...................................................................................................76 OPTION AT RETIREMENT .............................................................................................................................76 ILLNESS DURING ANNUAL LEAVE ................................................................................................................76 ADMINISTRATION .......................................................................................................................................76 COMPASSIONATE GROUNDS ........................................................................................................................79 RECALL FROM LEAVE ..................................................................................................................................79 EXCHANGE OF ALLOCATIONS ......................................................................................................................79 PAYMENT OF ANNUAL LEAVE ON TERMINATION .........................................................................................79 ABILITY TO CANCEL ANNUAL LEAVE FOR FLIGHT CREW MEMBERS BIDDING INTO BASES ............................80 ABILITY TO CANCEL ANNUAL LEAVE FOR FLIGHT CREW MEMBERS CHANGING CATEGORY .........................80 SICK AND PERSONAL LEAVE...........................................................................................................80 AMOUNT OF SICK LEAVE .............................................................................................................................80 THE ACCRUAL OF A FLIGHT CREW MEMBERS PERSONAL LEAVE IS CUMULATIVE .......................................81 FLIGHT CREW MEMBER TO ADVISE COMPANY OF ILLNESS OR INJURY AND PROVIDE DOCUMENTS ..............81 MEDICAL CERTIFICATE AND CARERS LEAVE DOCUMENTS .........................................................................81 COMPANY'S DISCRETION TO REQUIRE MEDICAL CERTIFICATES ...................................................................81 UPPER RESPIRATORY TRACT INFECTION (URTI)........................................................................................82
165
39.7. CONVERTING SICK LEAVE WHEN TRANSFERRING BETWEEN LONG HAUL OPERATIONS ................................82 40. 41. 42. 42.1. 42.2. 42.3. 42.4. 43. LONG SERVICE LEAVE ......................................................................................................................83 COMPASSIONATE (BEREAVEMENT) LEAVE ...............................................................................83 PARENTAL LEAVE ...............................................................................................................................84 AUSTRALIAN FAIR PAY AND CONDITIONS STANDARD ................................................................................84 ADDITIONAL MATERNITY LEAVE TERMS ...................................................................................................84 ADDITIONAL MATERNITY, PATERNITY AND ADOPTION LEAVE TERMS ......................................................85 PATERNITY LEAVE ......................................................................................................................................85 CARERS LEAVE AND CARERS LINES ..........................................................................................85
43.1. USING ACCUMULATED PERSONAL LEAVE FOR CARERS LEAVE ...................................................................85 43.2. UNPAID CARERS LEAVE .............................................................................................................................86 43.3. CARERS LINES............................................................................................................................................86 44. LEAVE OF ABSENCE WITHOUT PAY..............................................................................................91 44.1. ENTITLEMENT TO LEAVE OF ABSENCE WITHOUT PAY ..................................................................................91 44.2. EXTENDED LEAVE OF ABSENCE WITHOUT PAY ............................................................................................91 PART 8 TRAVELLING & WORKING AWAY FROM HOME ................................................................93 45. DAILY TRAVELLING ALLOWANCE................................................................................................93
45.1. HOURLY RATE FOR DAILY TRAVELLING ALLOWANCE................................................................................93 45.2. ANNUAL REVIEW OF DAILY TRAVELLING ALLOWANCE HOURLY RATE ......................................................93 46. ACCOMMODATION AND TRANSPORT ..........................................................................................93 46.1. FLIGHT CREW MEMBERS TO BE PROVIDED WITH FIRST CLASS ACCOMMODATION AND TRANSPORT .............93 46.2. FLIGHT CREW MEMBERS USING ALTERNATIVE ACCOMMODATION ..............................................................93 46.3. COMPANY TO CONSULT ASSOCIATION ........................................................................................................94 47. DUTY TRAVEL.......................................................................................................................................94 47.1. TRAVEL IN THE HIGHEST CLASS AVAILABLE ...............................................................................................94 47.2. TRAVEL ON ALL ECONOMY SERVICES..........................................................................................................94 47.3. ADMINISTRATION AND UNDERTAKINGS FOR DUTY TRAVEL ........................................................................95 48. 48.1. 48.2. 48.3. 48.4. 48.5. 49. DEADHEAD VARIATION POLICY ....................................................................................................95 APPROVAL TO VARY DUTY TRAVEL ARRANGEMENTS..................................................................................95 NO VARIATIONS WILL BE APPROVED WHERE IT WILL PREVENT THE PERFORMANCE ...................................95 CLASS OF TRAVEL FOR ALTERNATIVE DEADHEAD VARIATIONS...................................................................95 PAYMENT FOR DEADHEADING BASED ON ORIGINALLY PLANNED TRAVEL ...................................................95 ACCOMMODATION AND ALLOWANCES .......................................................................................................96 CONDITIONS GOVERNING TRAINING AT A LOCATION AWAY FROM A FLIGHT CREW MEMBER'S BASE................................................................................................96 ACCESS TO QANTAS CLUB................................................................................................................98 BOTTLED WATER PROVISION.........................................................................................................98
50. 51.
PART 9 TRAINING & RELATED MATTERS............................................................................................99 52. TRAINING AND QUALIFICATION....................................................................................................99
52.1. GENERAL ............................................................................................................................................99 52.2. LICENCE RENEWAL, TRAINING FLYING AND FLIGHT SIMULATOR TRAINING ................................................99 PART 10 ACCIDENTS & INCIDENTS, ACCIDENT PAY AND UNIFORMS......................................100 53. ACCIDENTS AND INCIDENTS .........................................................................................................100
166
54. 55.
WORKERS COMPENSATION AND ACCIDENT PAY ..................................................................100 UNIFORMS............................................................................................................................................100
PART 11 - APPENDICES ................................................................................................................................101 APPENDIX A ....................................................................................................................................................101 FLIGHT CREW MEMBERS ANNUAL LEAVE DUE MONTH CHART..............................................101 APPENDIX B.....................................................................................................................................................103 LOSS OF LICENCE INSURANCE POLICY .............................................................................................103 APPENDIX C ....................................................................................................................................................124 28 DAY BID PERIODS..................................................................................................................................124 APPENDIX D ....................................................................................................................................................125 ROSTERING MANUAL ...............................................................................................................................125
167
EXECUTED AS AN INDUSTRIAL AGREEMENT DATED this day of . SIGNED for and on behalf of Qantas Airways Limited . Signature of representative . Name of representative (print) . Office of representative . Signature of representative . Name of representative (print) Office of representative
SIGNED for and on behalf of the Australian and International Pilots Association . Signature of representative . Name of representative (print) . Office of representative . Signature of representative . Name of representative (print) Office of representative
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Qantas Short Haul Agreement 2007

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Qantas Short Haul Agreement 2007

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QANTAS AIRWAYS LIMITED FLIGHT CREW (SHORT HAUL) WORKPLACE AGREEMENT 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

PILOT INDEMNITY AND RELEASE..................................................................................................53

Short Haul Workplace Agreement 2007

BOTTLED WATER PROVISION .........................................................................................................98

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

INTENT & PURPOSE/STATEMENT OF COMMITMENT

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

(c) (d) (e)

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

(b) (c) (d)

Short Haul Workplace Agreement 2007

17.9.4.5. 17.9.4.6. 17.9.4.7.

Short Haul Workplace Agreement 2007

ALLOCATION TO AIRCRAFT TYPE

TRANSFER OF SHORT HAUL FLIGHT CREW MEMBERS TO LONG HAUL OPERATIONS

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

Short Haul Workplace Agreement 2007

ACCESS TO PERSONAL RECORDS

Short Haul Workplace Agreement 2007

Current $572,461 $452,153 $422,743 $393,329 $296,028 $266,656 $237,282

Effective 01.01.06 $692,678 $692,678 $692,678 $692,678 $692,678 $692,678 $418,000

Effective 01.01.07 $719,692 $719,692 $719,692 $719,692 $719,692 $719,692 $434,302

Short Haul Workplace Agreement 2007

$201,775 $181,675 $174,409 $145,340 $10,000

$305,000 $250,000 $190,000 $145,340* $10,000

$335,500 $275,000 $209,000 $159,874* $11,000

$348,585 $285,725 $219,265 $166,109* $0.00

PILOT INDEMNITY AND RELEASE

Short Haul Workplace Agreement 2007