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[2002] AIRC 967
procedural. The Commission found the proposed Draft Order reflected the WROLA Act and related Commission decisions, invited party concerns by 6 September 2002, and stated that an Order reflecting the draft...
2 cited instruments linked from this judgment.
The Commission reviewed the pilots' award to simplify and update it. It accepted the parties' agreed proposals as a starting point but made changes of its own. It also found that the award's existing wage rates had an uncertain basis and could not be treated as properly fixed minimum rates. Because direct comparison with the Metal Trades classifications was unsuitable, it used a comparable Captain BAe-146 rate in another pilots' award to construct proposed rates. The decision attached a draft, not a confirmed final Order, and gave the parties an opportunity to raise concerns.
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2,394 words · generated 30/09/2026
On 13 August 2002, Senior Deputy President O'Callaghan issued a decision reviewing the National Jet Systems Pilots' Award 1995 under Item 51 of Part 2 of Schedule 5 to the Workplace Relations and Other Legislation Amendment Act 1996 (WROLA Act) [1]. The review concerned both simplification of the award and whether its wage rates complied with the approach to minimum rates described in the Commission's earlier decisions.
The parties, National Jet Systems, the National Jet Systems Pilots Group and the Australian Federation of Air Pilots, had proposed an agreed package of updates and simplifications. The Commission took that agreement as its starting point, but considered it against the WROLA Act and relevant Commission decisions [2]. It attached a proposed revised award as a Draft Order, explaining that this would let the parties consider the Commission's suggested changes in draft form [3].
The review addressed award provisions including discrimination, training, leave, allowances, overtime and redundancy. The Commission also deleted provisions it considered not allowable [4], [6]–[8]. Its proposed changes were not identical to the parties' agreed draft. For example, it changed the stand down provisions, adjusted the redundancy provision, limited allowances to matters it considered allowable, and adopted standard Commission provisions on reasonable overtime [7].
The central issue was the award's wage rates. The award had first been made on 6 June 1997, to operate from October 1996, and had not been varied by the time of this review. It had been made by consent, and the Commission had no information establishing the foundation for its existing rates [11]. The parties said that pilots were employed under Australian Workplace Agreements that provided substantially higher pay than the award [12]. That information did not resolve the Commission's concern about whether the award rates themselves were properly fixed minimum rates.
The Commission concluded that it could not regard the existing rates as properly fixed minimum rates. The reason was substantial uncertainty about the basis of the rates, particularly whether they reflected adjustments under the Minimum Rates Adjustment principle from the August 1989 National Wage Case [13]. The Commission therefore proposed a conversion method. Because the classifications in this pilots' award did not readily compare with Metal Trades classifications, it used the Captain BAe-146 classification in the Pilots (General Aviation) Award 1999 as the foundation for the proposed rates [16]–[17]. It then applied internal relativities proposed by the parties and suggested that the Cadet Pilot rate reflect a negotiated amount rather than the very low rate then in the award [18].
The decision did not itself establish that the Draft Order became the final award. It invited the parties to raise concerns by 6 September 2002. If no issues were raised, the Commission said an Order reflecting the Draft Order would issue on or shortly after that date [21]. The decision said that such an Order, when issued, would remain in force for 12 months [22]. The supplied text does not confirm whether a final Order was subsequently issued.
The Commission's method had two connected parts: first, it assessed whether the old rates met the minimum-rates framework described in the cited decisions; second, it selected a comparator to develop proposed revised rates.
The decision recounts that the Paid Rates Review Decision interpreted Item 51(4) as requiring, as far as possible, affected awards to be converted to properly fixed minimum rates [9]. It also quotes the August 1989 National Wage Case's approach: rates for classifications and supplementary payments should bear proper relationships to those in other minimum rates awards, with comparisons based on relative skill, responsibility and working conditions [10]. These are propositions reproduced in this decision from the cited authorities. The decision applies that framework to the award under review.
The evidence available to the Commission about the award's existing rates was limited. The award had been made by consent, and no information before the Commission established how the rates had been fixed [11]. The Commission was therefore unable to determine whether the rates reflected the historical adjustment process it considered relevant [13]. The fact that actual pilot pay under Australian Workplace Agreements was substantially higher than the award rates [12] did not supply the missing foundation for the award minima.
The Commission then had to identify an appropriate comparison. Its stated reason for not using a direct Metal Trades comparison was that the pilots' classifications did not readily lend themselves to that exercise [16]. It instead chose a Captain BAe-146 classification in the Pilots (General Aviation) Award 1999, which had itself been considered under the WROLA Act in 1998 [17]. The award review principles reproduced at [15] also emphasised using a key classification as a starting point and maintaining internal relativities. Consistently with that approach, the Commission used the Captain BAe-146 rate as its foundation and applied internal relativities proposed by the parties [18].
The Commission's treatment of the parties' agreement is also important. It did not treat agreement alone as determinative. It used the agreed position as a starting point, then made changes where it considered that the statute or Commission decisions required a different result [2], [7]. Its proposed changes included provisions on leave, overtime, stand down, redundancy and allowances. The reasons given for these changes varied, but the overarching stated purpose was to update and simplify the award, remove provisions the Commission considered not allowable, and incorporate relevant standard provisions [3]–[7].
The decision gives a specific account of the framework it applied in 2002. It does not provide a comprehensive history of industrial law before or after that date, so the comparison here is limited to what the judgment itself says.
Before the proposed review, the award contained rates that had been set when it was made by consent. The Commission had no information showing their foundation, and the award had not been varied since it was made [11]. The decision does not state that the rates were necessarily wrong in amount. Rather, it says that the available information did not allow the Commission to regard them as properly fixed minimum rates [13].
The decision then explains the minimum-rates framework by reference to the Paid Rates Review Decision and the August 1989 National Wage Case [9]–[10]. It reproduces principles for identifying awards that require review, comparing rates with appropriate classifications, preserving internal relativities, separately identifying any residual component, and determining rates if the parties cannot agree or the Commission is not satisfied that agreed rates are properly fixed minima [15]. These principles are set out as part of the decision's account of the governing approach. They should not be mistaken for a comprehensive statement of all applicable law outside the judgment.
The proposed “after” position was a Draft Order, not a confirmed final order in the supplied material. It would replace the existing award clauses, schedules and appendices with a simplified award, including revised remuneration provisions and the other terms set out in Attachment A. The proposed remuneration clause separated minimum rates from residual amounts in its table and included a safety-net adjustment provision. The Commission's reasons explain that it had considered the application of safety-net adjustments in constructing the proposed rates [19]. The draft also proposed updated provisions on leave, allowances, hours of duty, termination and other subjects.
The decision's procedural endpoint matters. It gave the parties until 6 September 2002 to raise concerns, anticipated further discussion if issues were raised, and otherwise expected an Order shortly after that date [21]. Because the source does not include the later Order or subsequent decisions, it cannot establish the final form or duration of the award in practice. The decision says only that any Order, when issued, would remain in force for 12 months [22].
At [2], the Commission says it took the parties' agreement “as a starting point” and considered it against the Act and relevant decisions. In plain English, the parties' agreed proposal was influential but did not prevent the Commission from making changes it considered necessary.
At [9], the decision quotes the Paid Rates Review Decision as stating that awards with rates not operating as minimum rates, or not bearing a proper work-value relationship to properly fixed minimum rates, should be subject to conversion. The plain-English point is that the award review was not simply about editing language: the Commission considered whether the rates had been established on a suitable minimum-rates basis.
At [13], the Commission states that it could not treat the award's existing rates as properly fixed minimum rates. This is the key conclusion on the wage-rate issue. Its stated reason was uncertainty about the basis of the rates and the extent to which they incorporated the 1989 adjustment principle.
At [16], the Commission explains that the award's classifications did not readily support direct comparison with Metal Trades classifications. This explains why it did not use the most obvious comparison identified in the reproduced review principles.
At [17], it selects the Captain BAe-146 classification in the Pilots (General Aviation) Award 1999 as the foundation for proposed rates. In plain English, the Commission chose a comparator it considered more suitable to the work covered by the award.
At [18], it says it applied the parties' proposed internal relativities, with a different approach suggested for the Cadet Pilot classification. The practical significance is that the proposed rates were built from an external comparator while retaining relationships among classifications proposed by the parties.
At [21], the Commission invites concerns before issuing a final Order. This confirms that the document is a decision accompanied by a draft for consideration, and that the Commission contemplated a further procedural step.
The judgment's discussion is most directly relevant to an award review where the Commission has to decide whether existing rates can be regarded as properly fixed minimum rates. The decision identifies two categories of awards requiring review, as reproduced from the Paid Rates Review Decision: awards whose rates had not been adjusted under the 1989 Minimum Rates Adjustment principle, and awards whose rates had been adjusted but were later varied for reasons other than safety-net increases or work-value changes [15].
A second relevant feature is an uncertain historical foundation for the rates. Here, the award had been made by consent, and the Commission lacked information establishing the basis for the rates [11]. The uncertainty was material because the Commission could not establish the rates' relationship to the 1989 approach [13]. The judgment therefore provides a worked example of the Commission responding to missing or uncertain rate-setting information in an award review.
A third feature is the availability of a suitable comparator. The Commission did not consider a direct comparison with Metal Trades classifications readily workable for these pilots' classifications [16]. It instead found a comparable Captain BAe-146 classification in another pilots' award [17]. The decision's reasoning may be relevant when a reviewing body has to explain why a particular comparator is better suited to the award's classifications than the comparator otherwise identified in a general framework.
Finally, the decision concerns an award simplification process involving party agreement, but also Commission review of whether clauses and rates met statutory and Commission requirements. The parties' agreement was a starting point rather than an automatic endpoint [2], [7]. The decision does not establish that every agreed award variation must be treated in the same way; its observations are tied to this review and its stated statutory setting.
The supplied judgment contains no later judicial decisions or subsequent treatment of this decision. It would therefore be unsupported to say whether later courts or tribunals followed, limited, distinguished or overruled it.
The decision itself refers to earlier Commission material. It quotes and applies the Paid Rates Review Decision, Print Q7661, and the August 1989 National Wage Case, Print H9100 [9]–[10], [14]–[15]. It also refers to the Kenworth Trucks Vehicle Industry Award 1981 and the Commonwealth Serum Laboratories Commission Sales Representative Award 1987 as examples of maintaining internal relativities [15]. In selecting a comparator, it notes that the Pilots (General Aviation) Award 1999 had been considered under the WROLA Act in a 1998 decision, Print Q8606 [17].
Those references show the sources the Commission relied on in 2002. They do not establish how later bodies treated the National Jet Systems decision itself. Establishing later treatment would require material beyond the judgment supplied here.
The first unresolved matter is procedural: the decision describes a Draft Order and a planned opportunity for the parties to raise concerns by 6 September 2002 [21]. The supplied text does not show whether concerns were raised, whether the proposed rates or clauses changed, or whether the anticipated final Order was issued.
Second, the decision does not give the complete calculation underlying each proposed salary figure. The draft includes a remuneration table, but some entries appear in a layout where column alignment is unclear in the supplied text. The reasons say that the Captain BAe-146 rate provided the foundation, that party-proposed internal relativities were applied, and that safety-net adjustments up to May 2002 were incorporated [17]–[19]. They do not explain each arithmetic step.
Third, the decision says that Australian Workplace Agreements paid substantially higher rates, but it does not explain how those agreements affected individual pilots or how any particular above-award amounts would interact with the proposed safety-net adjustment clause [12] and Attachment A, clause 15.3.1. That question would depend on the terms and operation of the relevant agreements, which are not included in the decision's reasons.
Fourth, the decision records the Commission's understanding that public holidays were not to be referenced in the award because neither the existing award nor the agreed draft included such a provision. It expressly left the parties an opportunity to raise the matter if that understanding was incorrect [8]. The supplied text does not show whether the issue was raised or resolved.
Finally, the decision's stated 12-month term relates to an Order “when issued” [22]. The source does not establish the eventual commencement date, final wording, or subsequent variations. Those limits matter when using this decision to understand the award's historical development. This is general legal information, not legal advice. Zoe can make mistakes. Before acting on this, relying on it, or using any draft, have a qualified Australian lawyer check it.
Review of Award pursuant to Item 51 of Part 2 of Schedule 5 of the
[1] This Decision reflects a review of the National Jet Systems Pilot's Award 1995, pursuant to Item 51 of Part 2 of Schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996 (the `WROLA Act').
[2] This review has been largely undertaken by the Parties to this Award, in that National Jet Systems, the National Jet Systems Pilots Group and the Australian Federation of Air Pilots have proposed an agreed position, to update and simplify the Award on a range of issues. I have taken this agreed position as a starting point and considered it in the context of the requirements of the WROLA Act and relevant decisions of this Commission.
[3] I have attached to this Decision, the proposed revised Award as a Draft Order, to allow the Parties to consider the changes I have suggested in draft form (Attachment A). This Draft Order now incorporates Australian Industrial Relations Commission standard test case provisions adapted to suit the Parties' agreed requirements where appropriate.
[4] The existing Award clauses have been substantially reviewed to ensure that it contains:
· provisions that are expressed (insofar as is possible) in plain English; and
[5] Because of the nature of the industry, the Award does not provide for junior or regular part-time employment provisions.
[6] Existing Award provisions, which I do not consider to be allowable, have now been deleted from the attached Draft Order.
[7] I specifically draw the attention of the Parties to the following provisions in this Draft Order, which represent differences from the proposal presented to me by the Parties
· I have made minor changes to the Stand Down provisions contained in clause 12.
· I note that the parties have proposed agreed changes to the Commission's Standard Redundancy provision. I have also deleted the small employer exemption contained in the standard provision, as I do not consider it relevant.
· I have modified clause 17 Allowances and Uniforms to include only those matters that I consider to be allowable. I have adjusted the Overtime rates of pay to apply the pre-existing relativities to the revised rates of pay addressed later in this Decision. Redundant classifications have been deleted. I have also inserted in this clause the Commission's recently determined standard provisions relating to reasonable Overtime.
· I have endeavoured to simplify the Annual leave loading provisions in clause 20.
· The Personal Leave provision at clause 21, substantially reflects the Commission's standard provisions. I have adopted some modified provisions which are consistent with the position put to me by the Parties with respect to these provisions.
· I have adopted the Commission's Standard test case provision relating to Parental Leave, with the exception that I have deleted references to casual and part-time employees.
[8] I note that neither the current Award, nor the agreed draft provided to me by the Parties, include provision for recognition of Public Holidays. I consider that this reflects the position adopted by the Parties and have based my consideration of the Award on the understanding that there is agreement that Public Holidays are not to be referenced in the Award. If this is not the case, the Parties have the opportunity to raise this issue with me.
[9] In the Paid Rates Review Decision[1], the Commission determined that Item 51(4) of the WROLA Act concluded that an award whose wage rates operated as minimum rates of pay would be one which contained properly fixed minimum rates of pay. The Commission was therefore obliged, as far as possible, to convert the wage rates in an award affected by Item 51(4) to properly fixed minimum rates bearing a proper relationship to properly fixed minima in other minimum rates awards. The Full Bench stated:
"We have decided that in principle all awards which provide for rates of pay which are not operating, or not intended to operate, as minimum rates and which do not bear a proper work value relationship to award rates which are properly fixed minima, should be subject to a conversion process so that they do contain properly fixed minimum rates of pay. We consider that the Act compels this conclusion. Item 51(4) refers to ss.88A, 88B and 89A(3).
...
These provisions clearly demonstrate that awards made under Part VI of the Act should be minimum rates awards.... Equity requires that so far as possible the rates contained in those awards should be fixed and adjusted on a common basis. Furthermore, without a common basis for fixation and variation of minimum rates awards it is not possible to maintain stable relativities between such awards.
The [August 1989 National Wage Case Minimum Rates Adjustment Principle] was designed to establish a consistent pattern of minimum rates in awards covering similar work thereby removing inequities and providing a stable foundation for enterprise bargaining. That objective is as important now, perhaps even more important, than it was in 1989."[2] (emphasis added)
[10] The concept of a properly fixed minimum rate of pay is derived from the August 1989 National Wage Case[3]. In that Case, the Full Bench said:
" Minimum rates awards would be reviewed:
"to ensure that classification rates and supplementary payments in an award bear a proper relationship to classification rates and supplementary payments in other minimum rates awards"
...
[The Full Bench established the minimum classification rate payable for a tradesperson under the then Metal Industry Award 1984 - Part 1[4]. Using this classification as the benchmark, or key classification within that award, minimum classification rates and supplementary payments for other classifications throughout awards should be set in individual cases in relation to these rates on the basis of relative skill, responsibility and the conditions under which the particular work is normally performed. The Commission will only approve relativities in a particular award when satisfied that they are consistent with the rates and relativities fixed for comparable classifications in other awards".[5] (emphasis added)
[11] The National Jet Systems Pilot's Award 1995 was first made on 6 June 1997 (Print P0995), to operate from October 1996. The current Award has not been varied since that time. The current Award was made by consent, and there is no information available to me which establishes the foundation for the existing rates of pay.
[12] The Parties have advised that pilots are engaged by National Jet Systems under the provisions of Australian Workplace Agreements which establish substantially higher rates of pay than those contained in the Award.
[13] I have considered the wages and classifications contained in the current Award, and have formed the view that because of the substantial uncertainty as to the basis of the wage rates and, in particular, the extent to which the rates reflect adjustments made in accordance with the Minimum Rates Adjustment principle in the August 1989 National Wage Case Decision, I cannot consider that the existing Award contains rates which can be described as Properly Fixed Minimum Rates of pay.
[14] The Paid Rates Review Decision establishes Principles for the conversion of awards which do not contain Properly Fixed Minimum Rates. These principles were formulated pursuant to Item 53 and Section 106 of the Workplace Relations Act 1996.
"1. Awards requiring review under item 51(4) will be:
(a) awards containing rates which have not been adjusted in accordance with the minimum rates adjustment principle in the August 1989 National Wage Case decision; and
(b) awards containing rates which have been adjusted in accordance with the minimum rates adjustment principle in the August 1989 National Wage Case decision but which have been varied since the adjustment other than for safety net increases or pursuant to the work value change principle. (emphasis added)
2. The rates in the award under review should be examined to ascertain whether they equate to rates in other awards which have been adjusted in accordance with the August 1989 approach with particular reference to the current rates for the relevant classifications in the Metal, Engineering and Associated Industries Award 1998 - Part 1 [Print Q2527]; where the rates do not equate they will require conversion in accordance with these principles.
3. Fixation of appropriate minimum rates should be achieved by making a comparison between the rate for the key classification within the award with rates for appropriate key classifications in awards which have been adjusted in accordance with the 1989 approach.
4. In the fixation of rates the relationship between the key classification in the award and the metal industry fitter should be the starting point; internal award relativities established, agreed or determined should be maintained: see, for example, the approach adopted in Kenworth Trucks Vehicle Industry Award 1981 [Print J0540] and Commonwealth Serum Laboratories Commission Sales Representative Award 1987 [Print K4939].
5. Any residual component above the identified minimum rate, including where relevant incremental payments, should be separately identified and not subject to future increases.
6. If the rates are too low it is consistent with the purpose and intent of item 51(4) that the rates be increased so that they are properly fixed minima.
[16] The Classifications in the Award do not readily lend themselves to a direct comparison with the Metal Trades classification for the purpose of establishing Properly Fixed Minimum rates.
[17] I have consequently decided that the rates of pay in the National Jet Systems Pilot's Award 1995 should be considered in the context of the rate for a comparable classification contained within the Pilots (General Aviation) Award 1999. This Award was the subject of consideration pursuant to the WROLA Act in a decision of Commissioner Wilks in 1998 (Print Q8606). This Award contains a classification applicable to the Captain BAe-146 aircraft which I have taken as the foundation for the rates of pay to be included in the National Jet Systems Pilots Award.
[18] As the Parties have advised that the majority of the Classifications inserted in this award by consent at the time of the Award's inception, are now no longer relevant, I have determined that the internal relativities proposed by the Parties should be applied, to establish the rates of pay based on the rate for the Captain BAe-146 which remains relevant. An exception to this relates to the Cadet Pilot classification which I have suggested should reflect a negotiated amount, rather than the very low rate of wage which exists in the current Award.
[19] The rates of pay that I have proposed incorporate recognition of all Safety Net Adjustments up to, and including the May 2002 Decision (PR002002). In the event that any of the Parties to this Award do not consider that the basis for the foundation of these rates, and the application of the Safety Net Adjustments to be appropriate, I expect to be advised accordingly.
[20] I am satisfied that the provisions of the attached Draft Order reflect the requirements of the WROLA Act and related decisions of this Commission.
[21] I invite the Parties to this award to contact me by 6 September 2002, should they have any concerns relating to the proposed Draft Order. Should any such issues be raised with me, I will provide an opportunity for them to be discussed between the Parties. In the event that no such issues are raised, an Order reflecting the terms of this Draft Order will be issued on or shortly after 6 September 2002.
[22] This Order, when issued, will remain in force for a period of twelve months.
Printed by authority of the Commonwealth Government Printer
Review of Award pursuant to Item 51 of Part 2 of Schedule 5 of the
A. Further to the decision issued by the Commission on {insert date}, [{insert Print No.}] the above award is varied as follows:
By deleting all clauses, schedules and appendices and inserting the following:
This award will be known as the National Jet Systems Pilots' Award 2002.
This award will be binding upon National Jet Systems Pty Limited and the employees in the capacity of pilots, whether members or not of the Australian Federation of Air Pilots.
This award will come into operation from the first pay period to commence from XX XXXXX 2002, and will remain in force for a period of 12 months.
5.1 It is the intention of the respondents to this award to achieve the principal object in s.3(j) of the Workplace Relations Act 1996 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, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
5.2 Accordingly, in fulfilling their obligations under the dispute avoidance and settling clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.
5.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;
5.3.3 an employee, employer or registered organisation, pursuing matters of discrimination in any State or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission;
5.3.4 the exemptions in s.170CK(3) and (4) of the Act.
In this award, unless a contrary intention appears:
6.2 Home base - means the city or town corresponding to the actual residential location for the time being at which a pilot resides in accordance with the employer's requirements.
6.3 CASA - means the Civil Aviation Safety Authority Australia.
6.4 Cadet pilot - means a pilot who has been appropriately trained, licensed and endorsed to act as a first officer, but has insufficient aeronautical experience to exercise first officer line privileges and responsibilities.
6.7 Captain - means a pilot who holds the necessary licences, ratings and endorsements approved by the CASA and employed by the company pursuant to this award, and who is designated, in writing, as a pilot in command of any aircraft operated by the company.
6.8 Check - means any formal test or other assessment conducted by, or on behalf of, the company towards a pilot being cleared to line duties or maintaining such status.
6.9 Check captain - means any captain nominated by the company, approved by the CASA and designated in writing to conduct flight proficiency tests and to certify the competency of pilots for the issue and renewal of professional pilots' licences.
6.10 Day's pay - means 1/365th of the annual salary prescribed at 15.3.1 below.
6.11 Dead head travel - means all travel performed at the direction of the employer not associated with the actual operation of an aircraft, but required for the purpose of positioning for a tour of duty, or returning to home base or base of temporary transfer after a tour of duty.
6.12 Duty travel - means any travel, other than as a crew member of an aircraft, which a pilot undertakes at the company's direction and includes dead head travel, travel for the purpose of taking up a new base, either permanent or temporary, and any other travel for any purpose required by the company_._ Duty travel as defined herein will count as duty time.
6.13 Duty time - means all duty time in accordance with CAO 48 and so far as the law permits in accordance with the provisions of this award.
6.14 Employer - means National Jet Systems Pty Limited.
6.15 First Officer - means a pilot, who holds the necessary licences, ratings and endorsements, who is employed by the employer pursuant to this award and who is designated, in writing, by the employer to act as a pilot other than pilot in command of multi-pilot aircraft operated by the employer.
6.16 Flight time - for the purposes of this award, means the time between when the aircraft commences push back from a terminal or first moves under its own power until the aircraft engines are shut down at the completion of the flight .
6.17 Flight time limitations - means the limitations imposed by CAO 48 in respect to flight time or any concessions granted thereto by the CASA in writing.
6.18 Pilot - means any holder of the appropriate pilots' licence, rating and endorsement employed by the company pursuant to this award.
6.19 Pilots' roster - means the system utilised by the employer to allocate revenue flying, proficiency flying, simulator and dead head travel and other authorised duty to each pilot employed by the employer pursuant to this award.
6.20 NJS - means National Jet Systems Pty Limited
6.21 Senior base pilot - means a pilot, who is designated by the employer, in writing, to act as a supervisor at base level in accordance with the approved company duty statement for senior base pilot.
6.22 Sign off time - means an agreed time for duty purposes after flight time is determined.
6.23 Suitable accommodation - means accommodation which is, as a minimum, quiet and free from factors which may reduce adequate rest, and must include a separate bedroom for each pilot.
6.24 Reporting time - means an agreed time for duty purposes prior to commencement of any flight time.
6.25 Time - means the local standard time at the point of departure of a flight.
6.26 Trainee pilot - means any pilot who holds a current pilots' licence, employed by the employer and who:
· is undergoing initial ground training or flight training; or,
· has not been certified as competent to act as a crew member in any specific capacity on an aircraft operated by the employer; or,
· does not hold the necessary ratings and endorsements necessary to act as crew member on any multi-pilot aircraft operated by the employer.
6.27 Training captain - means any captain, who is approved, in writing, by the employer to provide either or both ground and flight instructional training for other pilots.
A copy of this award, together with any variations thereof, will be made available by the employer so that it is accessible to the pilots at their place of work.
8.1 The pilot hereby covenants and agrees that at all times during the currency of this award the pilot will:
8.1.1 Faithfully and diligently discharge all his/her duties as a pilot in accordance with this award.
8.1.2 Comply with all applicable legislation, both statute and delegated, as amended relating to operational aviation matters giving preference to the rule of law in derogation of any clause, provision or instruction given under this award to the contrary.
8.1.3 If required by the employer, perform services for any affiliates of the employer pursuant to the terms and conditions of this award.
8.1.4 After due consultation on terms and conditions and at the direction of the employer, perform duties in any part of the world in which the employer may from time to time be permitted to operate.
8.1.5 During their service with the company, a pilot will not fly for any entity other than the company, for financial or other reward, unless the pilot has the written consent of the company.
9. COMMAND POTENTIAL AND/OR EQUIPMENT CHANGE ASSESSMENT
9.1 The command potential and or suitability for equipment change of a pilot will be assessed by the employer on a continuous basis.
9.2 The assessment program will take place in accordance with criteria established by the employer, and will be based on pilot suitability, experience, skill and operational performance.
9.3 If the pilot fails to meet the requirements specified in their command potential and or equipment change assessment, the pilot's employment may be reviewed by the employer.
10.1 When vacancies occur within the employer's operations the employer may offer a pilot a conversion, reconversion or upgrade. After accepting such offer and whilst undertaking any associated training the pilot will maintain their existing salary until the date of successful completion of his check to line. The appropriate salary for the new position will be effective from that date.
10.2 Where the pilot elects for conversion, reconversion or upgrade training and subsequently fails such training, then the pilot's employment may be reviewed by the employer.
10.3 If a pilot is directed by the employer to undergo conversion, reconversion or upgrade training and subsequently fails such training the pilot will be reinstated to the previous position or equipment assignment or to a position as close as possible if the position is not available.
10.4 The pilot may be given the opportunity to make two attempts at a check to line. A suitable period of training may be given after a failed check. The pilot may request a change of his training captain or check captain on any subsequent check. Should a second check result in a failure, the employer may review the employment of the pilot.
11.1 When any dispute arises between a pilot and the employer for any reason, the party alleging a dispute exists will notify the other party in writing of the nature of the dispute, detailing the basis of the dispute, the facts as each party see them and the resolution proposed.
11.2 The party served with the notice of dispute aforesaid, will convene an initial discussion between the senior base pilot and the pilot concerned, in order to resolve the dispute without prejudice to either party's position.
11.3 In the event the initial discussion conference referred to in 11.2 above, does not satisfactorily resolve the dispute, a further conference between the pilot and the pilot's nominated representative, and senior management, will be held with a view to resolving the dispute. It is envisaged that the aforesaid conference will be in the nature of an expeditious low cost alternate dispute resolution process. However, the pilot may have as his representative another pilot employed by the National Jet Systems Pilot Group or a legal adviser or advocate.
11.4 In the event that the conference referred to in 11.3 above, does not satisfactorily resolve the dispute, the dispute will be referred to the Australian Industrial Relations Commission, for the appointment of a mediator to assist in the resolution of the dispute. In the event that mediation is unsuccessful the matter will be arbitrated by the Australian Industrial Relations Commission.
11.5 Until the dispute is finally determined the pilot will continue in employment as instructed by the employer. Such continuation of employment and acceptance of work will be without prejudice to either party in the determination of the dispute.
12.1 Notwithstanding anything elsewhere contained in this award and subject to the following conditions, the employer may stand down on a day, or days, a pilot who cannot be usefully employed because of any strike or stoppage of work which exceeds 24 hours for which the employer cannot reasonably be held responsible. Such pilots scheduled for duty will lose pay which otherwise would have accrued on such day or days.
12.2 A pilot who is stood down as aforesaid will be treated for all purposes (other than payment of wages) as having continuity of service and employment notwithstanding such standing down.
12.3 A pilot who is stood down as aforesaid may at any time during the period he is stood down terminate his employment without notice and will be entitled to receive from the employer as soon as practicable any monies due to him at the time of termination. The day on which the pilot exercises the right of termination without notice will be the day on which the employment is terminated.
12.4 A pilot whose employment is terminated under 12.3 above, will for all purposes be treated as if employment had been terminated by the employer without fault of the employee.
12.5 Notwithstanding the provisions of 8.1.5 above, the employer's consent for the pilot to earn remuneration from any flying endeavour is hereby granted immediately whenever this clause 12 - Stand down, is invoked by the employer**.**
12.6 Save and except a pilot engaged in a strike or stoppage at any establishment of the employer, a pilot stood down who has exercised the right to take other employment will be entitled to work out in such other employment notice of up to one week (or as agreed) provided that the pilot notifies the employer of his so doing.
12.7 A pilot who the employer proposes to stand down may elect to take, for the period of the stand down only, any leave to which the pilot is entitled or which is accruing and upon such election being exercised, the pilot's leave will be reduced accordingly.
12.8 Except for a pilot who is a member of an organisation engaged in a strike or stoppage at any establishment of the employer, the employer will not generally stand down a pilot away from home base. However, should it be necessary to do so, the pilot will be reimbursed an accommodation allowance equivalent to a mutually agreed standard plus full salary and allowances by the employer until such time as the pilot signs off at home base.
13.1.1 Redundancy occurs when an employer decides that the employer no longer wishes the job the pilot has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour. Provided, that a pilot will not be deemed to be redundant by virtue of the expiration of any set period of service between a pilot and the employer, as agreed at the commencement of employment.
13.1.2 This clause will not apply where employment is terminated as a consequence of conduct that justifies dismissal, including malingering, inefficiency within the first fourteen days, misconduct_,_ inefficiency or neglect of duty, or in the case of casual pilots or pilots engaged for a specific task or tasks.
Where a pilot is transferred to lower paid duties by reason of redundancy the same period of notice must be given as the pilot would have been entitled to if the employment had been terminated and the employer may at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing.
13.3.1 In addition to the period of notice prescribed for ordinary termination in clause 14 - Termination below, a pilot whose employment is terminated by reason of redundancy must be paid, subject to further order of the Commission, the following amount of severance pay in respect of a continuous period of service:
13.3.2 Week's pay means the ordinary time rate of pay for the employees concerned.
13.3.3 Provided that the severance payments shall not exceed the amount which the pilot would have earned if employment with the employer had proceeded to the pilot's normal retirement date.
A pilot whose employment is terminated by reason of redundancy may terminate his/her employment during the period of notice and, if so, will be entitled to the same benefits and payments under this clause had they remained with the employer until the expiry of such notice. However, in this circumstance the pilot will not be entitled to payment in lieu of notice.
An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for a pilot.
13.6.1 During the period of notice of termination given by the employer a pilot shall be allowed up to one business day's time off without loss of pay during each week of notice for the purpose of seeking other employment.
13.6.2 If the pilot has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the pilot shall, at the request of the employer, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.
13.7.1 Subject to further order of the Commission where a pilot who is terminated receives a benefit from a superannuation scheme, he or she shall only receive under clause 13.3 above, the difference between the severance pay specified in that clause and the amount of the superannuation benefit he or she receives which is attributable to employer contributions only.
13.7.2 If this superannuation benefit is greater than the amount due under clause 13.3 above, then he or she shall receive no payment under that clause.
13.8.1 Where a business is before or after the date of this award, transmitted from an employer (in this clause called the transmittor) to another employer (in this clause called the transmittee) and an employee who at the time of such transmission was a pilot of the transmittor in that business becomes a pilot of the transmittee:
13.8.1(a) the continuity of the employment of the pilot shall be deemed not to have been broken by reason of such transmission; and
13.8.1(b) the period of employment which the pilot has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee.
13.8.2 In this clause business includes trade, process, business or occupation and includes part of any such business and transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.
An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied on the basis of the employer's incapacity to pay.
14.1.1 In order to terminate the employment of a pilot, the employer shall give to the pilot the period of notice specified in the table below:
14.1.2 In addition to this notice, pilots over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week's notice.
14.1.3 Payment in lieu of the notice will be made if the appropriate notice period is not required to be worked. The employer may elect that the termination be effected by the pilot working part of the required period of notice and by the employer making payment for the remainder of the period of notice.
14.1.4 In calculating any payment in lieu of notice, the wages a pilot would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated will be used.
14.1.5 The period of notice in this clause, shall not apply in the case of dismissal for conduct that justifies instant dismissal including inefficiency within the first fourteen days, neglect of duty or misconduct.
14.1.6 In calculating continuous service, the following periods will be included:
14.1.6(a) any approved paid leave of absence pursuant to this award; and
14.1.6(b) periods of approved unpaid leave, provided that it has been agreed in advance between the pilot and the company that the leave will be counted as service, or if otherwise required by law to be so counted for any particular purpose.
14.1.7 If a retrenched pilot is re-employed within a period of twelve months, the absence will not break his or her continuity of service, but it will not count as service for any purpose.
14.2.1 The notice of termination required to be given by a pilot is the same as that required of an employer, save and except that there is no requirement on the pilot to give additional notice based on the age of the employee concerned.
14.2.2 If a pilot fails to give notice the employer has the right to withhold monies due to the pilot to a maximum amount equal to the ordinary time rate of pay for the period of notice.
Where an employer has given notice of termination to a pilot, a pilot shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the pilot after consultation with the employer.
15.1 Salary will be paid monthly in arrears by electronic funds transfer to the pilot's nominated bank account.
15.2 The pilot will, in consideration of the performance of his duties under this award, be entitled to a gross annual salary as specified in 15.3 below.
The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review - Wages May 2002 decision [PR002002]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.
Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.
A trainee pilot on appointment will be paid at the rate of not less than $25795 per annum. From the date of his check to line, the rate prescribed in 15.3.1 above, will be payable.
A cadet pilot on appointment will be paid at a rate negotiated at the time of commencement.
In addition to all remuneration, allowances or direct payments provided for pursuant to this award, the employer will contribute monthly payments to the company superannuation fund approved in accordance with relevant federal legislation at rates prescribed by the federal superannuation legislation.
17.1.1 In the event the employer requires the pilot to wear a specific uniform, the pilot will be reimbursed for the entire cost of the uniform unless it is supplied by the employer.
17.2.1 Where the employer requires the pilot to have a telephone at home, the employer will reimburse the pilot for the cost of installation and or connection (once per base).
17.2.2 Subject to normal company expense approval procedures, rental charges, STD/ISD calls attributable to the employer and 50% of local calls will be reimbursed.
17.2.3 Where the pilot elects to use a mobile telephone at home, instead of a fixed installation, the pilot will be entitled to reimbursement of the equivalent of the connection cost of a fixed installation (once per base).
The employer will reimburse the pilot as per 17.2.2 above for:
17.2. 3(a) all STD/ISD calls attributable to the employer; and
17.2.3(b) the monthly access fee, up to the equivalent of normal telephone rental charges and 50% of all local calls at a rate of 25 cents (or the fixed installation local call cost, whichever is greater) per call.
17.3.1 Where the employer requires a pilot to remain overnight at a location other than a home base due to:
the employer will reimburse the pilot for the cost of suitable accommodation and
meals. Additionally, a layover allowance as prescribed at subclause 1(a) of Schedule A below, will be paid to the pilot by the employer.
17.3.2 Notwithstanding 17.3.1 above, in lieu of the reimbursement for meal costs, the employer may, with advance notice, pay the pilot a meal allowance in accordance with subclause 1(b) of Schedule A below.
17.3.3 Where a pilot commences a tour of duty from a layover port, which involves duty in excess of 30 minutes in a meal period as specified in 17.3.1 above, the pilot will be reimbursed the appropriate meal allowance.
17.3.4 The reimbursement for accommodation costs provided for in 17.3.1 above, will also be provided to a pilot who must take a rest period of:
· four hours or more between the hours of 0600 and 2000; or
· three hours or more between the hours of 2000 and 0600,
17.3.5 Where a pilot stays at any designated place away from his home base he will be reimbursed by the employer for the reasonable return costs of transport between the airport and his place of accommodation at the required time.
17.3.6 Should a pilot be required by the employer to operate overseas, then employer will reimburse the pilot for any required visa, medical or any other approved expenses incurred.
17.4.1 A pilot who is either posted to a base on appointment or is transferred from one base to another at the direction of the employer, will be reimbursed for the costs of suitable accommodation by the employer for a maximum period of fourteen days or until permanent accommodation is obtained, whichever is the lesser. While occupying such accommodation the pilot will be paid meal allowance to a maximum of seven days at the rate prescribed in subclause 1(b) of Schedule A below.
17.4.2 A pilot when transferring from one base to another at the employer's direction will receive reimbursement from the employer for expenses resulting from the removal as follows:
17.4.2(a) All personal effects, household goods and furniture.
17.4.2(c) Storage of goods and furniture where required for up to 30 days.
17.4.2(d) Removal and storage insurance for the possessions noted above.
17.4.2(e) Penalties associated with the early termination of a residential rental lease.
17.4.2(f) Airfares for the pilot, spouse including de facto and dependant children to the pilot's new base.
17.4.2(g) Actual out of pocket expenses for fuel, accommodation and meals where the pilot elects to self drive a vehicle as provided for at paragraph 17.4.2(a) hereof, except that the amount of reimbursement to the pilot will be no greater than the employer's obligation to the pilot under paragraphs 17.4.2(a) and 17.4.2(d) above.
17.4.3 A pilot who at the direction of the employer is required to transfer base a second time within a 12 month period and who finds it necessary to sell his residence at the old locality and purchase a residence at his new home base will be reimbursed for all legal fees, agents fees, mortgage transfer fees, title fees and stamp duty so incurred in the sale and purchase of such residences. Where also as a result of base transfers under this subclause the pilot incurs out of pocket expenses in respect of non refundable school fees for dependant children, then the employer will reimburse the pilot all such expenses subject to suitable documentation being provided to the employer.
17.5 Training, check and administrative pilot allowances
In addition to allowances referred to in this clause, a pilot will be entitled upon such conditions as the employer may determine as follows:
17.5.1 A training captain will be paid an additional 8.5% of the salary prescribed in 15.3.1 above. This allowance will be paid for a minimum of seven days for any week or part thereof during which the training captain carries out the duties associated with this position, each seven days standing alone.
17.5.2 A check captain will be paid an additional 10% of the annual salary prescribed in 15.3.1 above.
17.5.3 An administrative pilot, in addition to the salary prescribed in 15.3.1 above, will be paid an administrative pilot allowance as agreed between the pilot and the employer. In the event that no such agreement can be readily reached, the allowance will be determined by the employer. If the pilot does not wish to accept the role on the basis offered, it will be offered by the employer to another employee. An administrative pilot will be eligible to fly at least 45 hours per month.
17.6.1 The pilot will be entitled to an overtime payment in accordance with 17.6.2 below, for every flight hour or part thereof in excess of 75 flight hours flown in any calendar month.
The overtime rate per flight hour for pilots will be:
17.7 Subject to clause 17.7.2 an employer may require an employee to work reasonable overtime at overtime rates.
17.7.1 An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:
17.7.1.1 any risk to employee health and safety;
17.7.1.2 the employee's personal circumstances including any family responsibilities;
17.7.1.3 the needs of the workplace or enterprise;
17.7.1.4 the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and
17.8.1 A pilot who, at the request of the employer, agrees to undertake duty on a rostered day off or while on recreation leave may at the discretion of the employer be paid a callout allowance as calculated at subclause 1(d) of Schedule A below. In cases where payment is approved, callout allowance for duty on a rostered day off will be paid for duty on the day of callout only, irrespective of whether the duty subsequently extends into a consecutive rostered day off. Callout allowance for duty while on recreation leave will be paid for each day worked, but where consecutive days are involved only the first day will be paid at the higher rate.
17.8.2 The employer will prescribe the conditions under which a callout allowance as detailed at 17.7.1 above, will be paid to all pilots. A payment determination in respect of each callout will also be made by the employer and conveyed to the pilot with each callout request. A pilot need not respond to a callout request until in receipt of such a determination.
17.8.3 A pilot who agrees to undertake duty on a rostered day off or while on recreation leave will receive from the employer a day in lieu for each day worked, and reimbursement for all reasonable out of pocket expenses so incurred. Substitute rostered days off will be reinstated by the employer within one calendar month.
18.1 The employer will roster and the pilot will fly a roster in accordance with CAOs, as amended or any concessions granted thereto in writing by the CASA as reflected in the company Operations Manual, and according to any other special considerations as specified at clause 19 - Pilot's roster, below.
Duty travel as defined in this award will count as duty time. Duty travel costs will be met by the employer.
19.1 The roster will be prepared monthly in advance and will be distributed to pilots not less than seven days before the beginning of the new month. Pilots will be rostered for duty as prescribed at 18.1 above, while being afforded the concessions herein as agreed between the employer and the pilot.
19.2 The employer will not amend a pilot's roster except where seven days written notice is given. For the purposes of this subclause a programme change affecting the reporting and sign-off times of a pilot on a rostered duty day within the seven day period will not constitute a roster amendment.
19.3 A pilot will be rostered free of duty for either two consecutive days four times or two consecutive days three times plus three separate days in any 28 day period. A pilot who agrees to work on a rostered day off will be rostered for a substitute day off within one calendar month.
19.4 A pilot at a layover port, or a pilot assigned to temporary duty away from home base, will be rostered for days free of duty as required, but insofar as is practicable such days will not detract from a pilot's basic entitlement to days off at home base as detailed at 19.3 above, except with the consent of the pilot concerned.
19.5 As far as is practicable, each pilot will be rostered free of duty for one or more weekends each calendar month. Where for operational reasons this requirement cannot be met, then every attempt must be made to roster the pilot free of duty for as many Saturdays or Sundays throughout the month as the roster will allow.
19.6 A pilot who is unavailable for part of a roster period due to leave or other company commitments may be rostered as normal for the remainder of that month except that the duty and flight times so rostered will not exceed on a pro rata basis the average duty and flight times for that roster period.
19.7 The employer agrees to publish a monthly list of simulator and line checks due. Any such assignments for the pilot will, insofar as is practicable, be scheduled in advance as for a normal rostered duty.
19.8 Individual pilots may arrange mutual exchanges of rostered duty period(s). In all such cases, not less than 48 hours notice is to be given to operations staff, and automatic approval of exchanged duty should not be anticipated.
20.1 A pilot will accrue 42 calendar days recreation leave (inclusive of Saturdays, Sundays and public holidays) for each completed year of service.
20.2 A pilot will be entitled to a recreation leave loading of 17.5% of salary (including allowances and additions) in respect of the first 28 days of the 42 days annual leave accrual.
20.3 Provided that a pilot has served continuously for a period of one month, a pilot whose services are terminated or who leaves the service of the employer during the course of any annual period will be entitled to pro rata recreational leave in respect of the period worked.
20.4 A pilot may request when he or she wishes to take recreation leave. The employer will as far as reasonably practicable, arrange its operations to facilitate the pilot's request. No pilot will be required by the employer to go on recreation leave unless at least one months prior notice has been given, except where a shorter period of notice is mutually agreed between the employer and pilot concerned.
20.5 In the event of the employer being unable to grant such leave in any year, the pilot concerned will take recreation leave at a time and date mutually convenient to the pilot and the employer. However, such leave must not accumulate for more than two years.
20.6 Where a pilot becomes seriously ill during recreation leave, for a period of not less than seven consecutive days, the duration of such illness will be counted as sick leave to the extent that the pilot has credited sick leave, provided that:
· the pilot will advise the employer as soon as practicable after the commencement of the illness; and
· the pilot must produce a medical certificate to the employer within seven days of his/her return to duty.
20.7 Unless by mutual agreement between the pilot and the employer, the employer will not recall a pilot for duty from recreation leave. A pilot so recalled will be entitled to the considerations detailed at 17.7.1, 17.7.2 and 17.7.3 above.
The provisions of this clause apply to full-time pilots and regular part-time pilots.
21.1.1 Paid personal leave will be available to a pilot when they are absent due to:
· because of bereavement on the death of an immediate family or household member (bereavement leave); or
· for the purposes of caring for an immediate family or household member that is sick and requires the pilot's care and support (carer's leave).
21.1.2 The amount of personal leave to which a pilot is entitled depends on how long he or she has worked for the employer and accrues as follows:
21.1.2(a) 28 days will be available in the first year of service;
21.1.2(b) 18 days will be available per annum in the second and subsequent years of service.
21.1.3 In any year unused personal leave accrues by the lesser of:
21.1.3(a) 15 days less the amount of sick leave and carer's leave taken during the year; or
21.1.3(b) the balance of that year's unused personal leave.
21.1.4 Personal leave may accumulate with no maximum limit.
21.2.1 The entitlement to carer's or bereavement leave is subject to the person in respect of whom the leave is taken being either:
21.2.1(a) a member of the pilot's immediate family; or
21.2.2(a) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the pilot. A de facto spouse means a person of the opposite sex to the pilot who lives with the pilot as his or her husband or wife on a bona fide domestic basis; and
21.2.2(b) child or an adult child (including an adopted child, a step child or an ex-nuptial child), parent or sibling of the pilot or spouse of the pilot.
21.3.1 A pilot is entitled to access his/her personal leave entitlement as sick leave on the following basis:
On completion of each additional twelve months service
21.3.2 A pilot is entitled to use accumulated personal leave for the purposes of sick leave where the current year's sick leave entitlement has been exhausted.
21.3.3 On becoming unfit for duty due to personal illness or injury (not covered by worker's compensation) the pilot will advise the company as soon as possible of such occurrence and, if known, the anticipated duration of the absence from duty.
21.3.4 A pilot on standby duty must advise the employer immediately the pilot is unable to provide reserve coverage because of illness.
21.3.5 An application for sick leave on the grounds of personal illness or injury (other than Upper Respiratory Tract Infection (`URTI')) in excess of 3 days each year, will be supported by the certificate of a qualified medical practitioner, for such leave to carry any entitlement to pay.
21.3.6 In addition to the provisions of clause 21.3.1 above, the pilot will be granted up to an additional six days paid sick leave per annum for absences due to URTI. Such additional leave will be non-cumulative.
21.3.6(a) Three days paid sick leave per annum due to URTI may be taken without the production of a certificate of a qualified medical practitioner, the remaining three days to be supported by such a certificate in order to attract payment.
21.3.6(b) Absence due to URTI will first be taken from the pilot's URTI leave entitlement and when that entitlement is exhausted, from ordinary sick leave entitlements.
21.3.7 When on sick leave the pilot will be paid at the relevant salary rate pursuant to Clause 15.3. above.
21.4.1 An employee is entitled to use up to three days personal leave per annum, on normal salary, on the death of any member of the pilots' immediate family. Under special circumstances, bereavement leave may also be granted on the death of a grandparent(s) or other close relative or family friend of the pilot. Any bereavement leave taken will be deducted from accrued personal leave.
21.4.2 Where an employee has exhausted all personal leave entitlements, including accumulated entitlements, they may seek unpaid bereavement leave from the employer.
21.5.1 An employee is entitled to use up to five days personal leave each year as carer's leave for the purposes of caring for an immediate family or household member who is sick and requires the pilot's care and support.
21.5.2 The employee must provide to the employer:
· the certificate of a qualified medical practitioner, without which such leave will not carry any entitlement to pay; and
· satisfy the employer of the relationship with the sick person.
21.5.3 An employee may take unpaid carer's leave by agreement with the employer.
Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.
22.1.1 For the purpose of this clause child means a child of the employee under the age of one year except for adoption of a child where `child' means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.
22.1.2 Subject to 22.1.3, in this clause, spouse includes a de facto or former spouse.
22.1.3 In relation to 22.5, spouse includes a de facto spouse but does not include a former spouse.
22.2.1 After twelve months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.
22.2.2 Subject to 22.3.6, parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:
22.2.2(a) for maternity and paternity leave, an unbroken period of up to one week at the time of the birth of the child;
22.2.2(b) for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.
22.3.1 An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are:
22.3.1(a) of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) - at least ten weeks;
22.3.1(b) of the date on which the employee proposes to commence maternity leave and the period of leave to be taken - at least four weeks.
22.3.2 When the employee gives notice under 22.3.1(a) the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.
22.3.3 An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date.
22.3.4 Subject to 22.2.1 and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth.
22.3.5 Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.
22.3.6(a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.
22.3.6(b) Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.
22.3.6(c) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks.
22.3.7 Where leave is granted under 22.3.4, during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.
22.4.1 An employee will provide to the employer at least ten weeks prior to each proposed period of paternity leave, with:
22.4.1(a) a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place; and
22.4.1(b) written notification of the dates on which he proposes to start and finish the period of paternity leave; and
22.4.1(c)(i) he will take that period of paternity leave to become the primary care-giver of a child;
22.4.1(c)(ii) particulars of any period of maternity leave sought or taken by his spouse; and
22.4.1(c)(iii) that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.
22.4.2 The employee will not be in breach of 22.4.1 if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.
22.5.1 The employee will notify the employer at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.
22.5.2 Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:
22.5.2(a) the employee is seeking adoption leave to become the primary care-giver of the child;
22.5.2(b) particulars of any period of adoption leave sought or taken by the employee's spouse; and
22.5.2(c) that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.
22.5.3 An employer may require an employee to provide confirmation from the appropriate government authority of the placement.
22.5.4 Where the placement of child for adoption with an employee does not proceed or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the employee's return to work.
22.5.5 An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.
22.5.6 An employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and the employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the employee is entitled to take up to two days unpaid leave. Where paid leave is available to the employee, the employer may require the employee to take such leave instead.
Unless agreed otherwise between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change to be notified at least four weeks prior to the commencement of the changed arrangements.
An employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of leave not exceeding 52 weeks.
22.8.1 Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.
22.8.2 If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee to commence parental leave for such period as is certified necessary by a registered medical practitioner.
22.9 Returning to work after a period of parental leave
22.9.1 An employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.
22.9.2 An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to 22.8, the employee will be entitled to return to the position they held immediately before such transfer.
22.9.3 Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.
22.10.1 A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.
22.10.2 Before an employer engages a replacement employee the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.
The long service leave entitlement of a pilot will be consistent with the standards as prescribed from time to time for employees of the Australian Public Service.
24.1 A pilot called for jury service will advise the employer of the details immediately they become known.
24.2 A pilot who attends for jury service during normal duty periods will be entitled to be paid the difference (where applicable) between the payment for such service and the normal salary rate.
25.1 Neither the pilot nor the pilot's estate will be liable for accidental or negligent loss or damage to any aircraft or other equipment used in the operation of the employer's services by the pilot.
25.2 The employer will be solely responsible for all claims by whomsoever brought arising out of operation of its aircraft, whether or not due to the negligence of the pilot save where any such claim arises out of the wilful act or omission of the pilot unless such wilful act or omission was necessitated by circumstances beyond the control of the pilot.
26.1 Following notification in writing and substantiation to the pilot, the employer will be entitled to deduct from the salary or allowance due to the pilot, or the pilot will be required to pay to the employer any overpayment, defined as follows:
26.1.1 any overpayment of salary or allowance made within the preceding six months;
26.1.2 any unauthorised expense paid by the employer on behalf of the pilot; and
26.1.3 any balance outstanding of any advance of money made by or on behalf of the employer to the pilot.
26.2 The employer will not be entitled to deduct or recover any overpayment beyond six months from the date of notification to the pilot.
26.3 Where the employer intends to deduct an overpayment as defined in 26.1 above, the employer will give the pilot concerned, four weeks written notice.
26.4 A pilot who disputes the employer's decision must inform the employer in writing within seven days and the employer will withhold deduction action until the matter is resolved pursuant to clause 11 - Settlement of disputes procedure.
The employer will maintain insurance pursuant to workers compensation legislation for each pilot at home base. The employer will pay to the pilot any difference between the pilot's usual salary rate (averaged over the preceding 12 months of active duty) and the amount the pilot receives by way of regular payment for any absence covered by and paid for as a benefit under workers compensation. The employer's liability will be for the period as specified by the relevant State or Territory legislation.
28.1 The employer will provide unconditional insurance cover for the pilot in respect of death for a capital benefit of $300,000.00.
28.2 The proceeds of insurance under 28.1 above, will be payable to the pilot's estate in addition to any other benefits to which the pilot may be entitled under this award or otherwise at law including, but not limited to any superannuation entitlements.
28.3 The employer will provide loss of licence insurance for the pilot in the sum of $300,000.00 or five times the pilot's salary at the date of claim whichever is the lesser.
28.4 The pilot will not be required to operate services into a war zone as declared by the United Nations or a sovereign state, but the employer may request volunteers for such operations and should the pilot be involved in such services, full insurance cover will be maintained in accordance with 28.1 above.
(a) A pilot will be entitled to claim layover allowance as follows:
(ii) International layovers - $43.00 for the first day and $25.00 for each consecutive day thereafter, each port standing alone.
(d) Callout allowance for pilots will be calculated as follows:
(i) For captain - payment will be for each flight hour or part thereof flown during the day of callout at the overtime rate as prescribed for captain at 17.6.2 above, or an amount of $350, whichever is the greater.
(ii) For first officer- payment will be for each flight hour or part thereof flown during the day of callout at the overtime rate as prescribed for first officer at 17.6.2 above, or an amount of $200, whichever is the greater.
(e) A pilot who is appointed as a senior base pilot will be paid an allowance of $5,125 per
(f) A pilot who is appointed as assistant senior base pilot will be paid an allowance of
1 Giudice P, Marsh, MacBean SSDP, Smith, Larkin CC; Print Q7661; 20 October 1998
3 Maddern, P, Ludeke, Peterson JJ, Keogh DP, Johnson, Nolan, Laing CC; Print H9100; 7 August 1989
The Commission found the proposed Draft Order reflected the WROLA Act and related Commission decisions, invited party concerns by 6 September 2002, and stated that an Order reflecting the draft would issue on or shortly after that date if no issues were raised. Any Order, when issued, was to remain in force for 12 months ([20]–[22]).
7. Any future increases in rates in the award will only be applied to the minimum rates component and will be absorbed against any residual component; that is, the residual component will be reduced by the amount of the increase in the minimum rates component.
8. Increments will only be retained where they have been included in the award pursuant to the relevant work value principle or where it can be established that the increments were inserted by the Commission on grounds of structural efficiency and work value.