AG2004/7839, Transcript of Proceedings [2004] AIRCTrans 4375 (12 November 2004)

AUSCRIPT AUSTRALASIA PTY LTD
ABN 72 110 028 825

Level 6, 114-120 Castlereagh St SYDNEY NSW 2000
PO Box A2405 SYDNEY SOUTH NSW 1235
Tel:[phone] Fax:[phone]

TRANSCRIPT OF PROCEEDINGS

O/N 14717

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

COMMISSIONER RAFFAELLI

AG2004/7839

APPLICATION FOR VARIATION OF
CERTIFIED AGREEMENT

Application under Section 170MD(2) of the Act
by Jetstar Airways Pty Limited and Another to
vary the Impulse Airlines Pilots Agreement 2001

SYDNEY

9.30 AM, WEDNESDAY, 3 NOVEMBER 2004

PN1

THE COMMISSIONER: Yes, could I have the appearances please.

PN2

MR. T. NUTTALL: I appear for Jetstar and with me I have Mr C. GOLLEDGE from the Jetstar Pilot Council.

PN3

THE COMMISSIONER: Yes, thank you. Yes, thank you Mr Nuttall, proceed.

PN4

MR NUTTALL: Thank you Commissioner for allowing us in on such short notice, we appreciate it. This application is under section 170MD of the Act by the employer, Jetstar Airways formerly known as Impulse Airlines for approval by the Commission under 170MD(2) to vary the Impulse Pilots Agreement 2001 as varied 2003 AG815379.

PN5

The documents supplied with our application include the stat dec from John Gissing on behalf of the company. The stat dec from Craig Golledge on behalf on the Jetstar Pilot Council, the employees. A copy of the variation document number two. An explanatory memorandum. A letter to the pilots that we sent out with the documentation and the result of the election. Is the Commission happy with all of those documents received?

PN6

THE COMMISSIONER: Yes.

PN7

MR NUTTALL: The original agreement was certified by the agreement, Commissioner Lawson on 3 May 2002 as an agreement made pursuant to section 170LK of the Act between Impulse and the all pilots and first officers employed. The nominal date of the expiry of the agreement is 2 May 2005. As set out in the statutory declarations filed at the time and the statutory declarations filed in connection with this application for approval the work to which the agreement applies is the preparation for and conduct of commercial flights on the Australian domestic routes. The details of the changes to the agreement and the procedure followed by Jetstar to secure the variations are set out in the statutory declarations. Again, we just make sure that you are quite happy, having reviewed those statutory declarations?

PN8

THE COMMISSIONER: Yes.

PN9

MR NUTTALL: Recently Jetstar and Qantas agreed on a mechanism to allow the exchange of career opportunities for Jetstar and Qantas pilots. A memorandum of understanding was struck between Jetstar, Qantas, the Jetstar pilot council and the Australian International Pilots Association to establish that mechanism to allow for the exchange of career opportunities. In expectation of the MOU's being accepted by the Jetstar and Qantas pilots the management of Jetstar and the pilots' elected representatives on the JPC met on numerous occasions to determine that it was appropriate to make a number of changes to our agreement.

PN10

The variations to the agreement relate to varying the title of the agreement to reflect the change from Impulse to Jetstar, and we have replaced the name of Impulse throughout the agreement to Jetstar Airlines but there is no other changes other than those in the title. Period of the variation, the agreement, it doesn't change from the expiry date of May 2005. We have the application of the agreement in clause one which is including the variation. Clause two we have included additional definitions. Clause four we have gone into the effect of this agreement on your employment and clause 21 on your job performance and this relates to including fixed term employees to be covered under the same conditions as ongoing employees.

PN11

Our mutual obligations to training under clause 23. Clause 24 relates to the categories of employment specifically seniority and the introduction of new narrow bodied aircraft. Clause 33 relates to long service leave and other payments, specifically leave without pay from either company to engage in, or take up career opportunities in the other. Clause 34 relates to the termination. Clause 35 covers the redundancy provisions covered in the EBA.

PN12

You will note that the statutory declarations confirm that the application for variation is not related to requests by one or more employees under 170MD(A)(1) of the Act. The variation was voted on and approved by a majority of Jetstar pilots through a secret ballot process which was concluded on 28 September 2004. Submitted with the statutory declarations, Commissioner, is confirmation that various matters that would be required for the Commission to certify the agreement as varied if it were a new agreement have been satisfied in this matter.

PN13

There is no relevant award that applies to the employment of pilots by Jetstar. Accordingly prior to the certification of the original agreement, Commissioner Lawson in the matter of AG2002/1542 determined that pursuant to section 170XF of the Act the Pilots General Aviation Award of 1998 was the most appropriate award for the purposes of the no disadvantage test. The variation as set out in the stat declarations again in accordance with 170LT(7) the variations to the agreement were explained to the pilots prior to the vote through documentation being provided to all pilots including the explanatory documentation. All pilots attended briefing sessions with management and representatives of the JPC, Jetstar Pilot Council. The president of the Jetstar Pilot Council was taken off flying duties so that he could attend staff briefings. All reasonable steps were taken to ensure the pilots had a minimum of 14 clear days to consider the documents. Briefing sessions were held and there was ample time and opportunity to ask questions about the agreement and pilots not rostered to work on days immediately proceeding the release of the variation package had the documents delivered to their home.

PN14

In accordance with section 170LT(8) of the agreement as varied includes procedures for the prevention and settlement of disputes between the employer and employees whose employment will be subject to the agreement about matters arising under the agreement. There was no coercion as contemplated by the Act. The nominal expiry date of the agreement remains at 2 May 2005. I submit that the agreement as varied does not contain provisions inconsistent with part XA of the Act and I submit that the agreement as varied does not contain discriminatory provisions as contemplated in the Act.

PN15

Unless the Commission has any questions I submit that on the grounds set out above and request that the Commission approves the variation pursuant to 170MD(3) of the Act.

PN16

THE COMMISSIONER: Yes, thank you Mr Nuttall. Mr Golledge, do you support the variation?

PN17

MR GOLLEDGE: We do.

PN18

THE COMMISSIONER: Yes, thank you. The signed agreement that has been handed up I will mark exhibit A.

EXHIBIT #A SIGNED AGREEMENT

PN19

THE COMMISSIONER: This is an application to vary the agreement that is currently known as the Impulse Airlines Pilot Agreement 2001 and the parties that support that variation are Jetstar Airways Pty Limited and the Jetstar's pilots council. The form of the variation is reflected in exhibit A. That variation has been voted on in an appropriate way as contemplated by the Act and it is clear that there is approval for the variation. In the circumstances the Commission proposes to vary the Impulse Airlines Pilots Agreement 2001 so that it reflects the variation reflected in exhibit A. The variation will come into force from 3 November 2004 and will remain in force until 2 May 2005. On that basis these proceedings are now adjourned.

ADJOURNED INDEFINITELY [9.41am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #A SIGNED AGREEMENT PN19