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Air Pilots Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777276 and PR778013).
Clause(s) affected by the most recent variation(s):
2—Definitions
10—Casual employees
15A—Employee right to disconnect
32—Dispute resolution
Table of Contents
[Varied by PR738768, PR742720, PR747359, PR750409, PR774758, PR778013]
Part 6— Workplace Delegates, Consultation and Dispute Resolution.............................. 46
Schedule A —Classifications, Minimum Salaries and Additions to Salaries—Airlines/General Aviation 56
Schedule B —Classifications, Minimum Salaries and Additions to Salaries—Regional Airlines 61
Schedule C —Sector Specific Conditions—Aerial Application Operations..................... 68
Schedule D —Sector Specific Conditions—Helicopter Operations—Pilots..................... 72
Schedule E —Sector Specific Conditions—Helicopter Operations—Aircrew................. 85
Schedule H —Agreement to Take Annual Leave in Advance.......................................... 108
Schedule J —Agreement for Time Off Instead of Payment for Overtime...................... 110
Part 1—Application and Operation of this Award
1. Title and commencement
1.1 This award is the Air Pilots Award 2020.
[Varied by PR733833, PR738768, PR774758, PR777276]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
addition to salary means a payment in addition to the pilot’s minimum salary, which is regarded as salary for all purposes as if part of salary, other than the payment of commission for aerial application operations.
aerial application means a flight for the purpose of applying application material, including any flight in support of such operations such as inspection of a work area, pilot training or checking, training of another crew member, travel from a landing area to a work area and back, carriage of a passenger as permitted by CASA regulations, or preparation for any of the above activities. Aerial application includes all operations previously called agricultural operations.
airline operation means employers operating aircraft for the purposes of providing commercial scheduled passenger and freight air transport services in, and from a base in Australia, excluding regional airlines.
application material means fertiliser, trace elements, seeds, baits, water, pesticides or other material.
[Definition of appropriate accommodation varied by PR738768 ppc 07Mar22]
appropriate accommodation means accommodation which is at a minimum, quiet and free from factors which may reduce adequate rest and provides a separate room with air conditioning and heating for each employee. NOTE: for aerial application operations refer to clause C.1.2.
CAO means Civil Aviation Orders made under subsection 98(4A) or referred to in subsection 98(5) of the Civil Aviation Act 1988 (Cth).
CAR means Civil Aviation Regulations.
CASA means Civil Aviation Safety Authority.
[Definition of casual employee inserted by PR733833 from 27Sep21; varied by PR777276 from 27Aug24]
casual employee has the meaning given by section 15A of the Act.
NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.
check pilot means a pilot who is approved by CASA to conduct, and who does so conduct, flight proficiency tests for the issue and renewal of pilots’ approvals, ratings, licences, and who certifies to the competency of pilots so tested.
chief flying instructor means the instructor appointed by a school and approved by CASA to carry out the function of chief flying instructor, or chief pilot at the school rating level specified on the flying school licence issued to the school by CASA.
chief pilot means the pilot appointed by the employer and who is approved by CASA to perform the duties and responsibilities of the chief pilot.
[Definition of continuous service varied by PR738768 ppc 07Mar22]
continuous service means service which includes all approved absences under the award and other employer and employee agreed absences.
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
employee means national system employee within the meaning of the Act.
[Definition of employee organisation inserted by PR774758 from 01Jul24]
employee organisation has the meaning given by section 12 of Act.
employer means national system employer within the meaning of the Act.
[Definition of enterprise inserted by PR774758 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
first officer means a pilot who is appointed as first officer by the employer and who currently is licensed by CASA to act as second or third in command of an aircraft requiring 2 or more pilots.
flight instructor Grade I means a person who is the holder of a commercial or higher pilot’s licence which is endorsed by CASA with a Grade I Instructor rating and who is required by their employer to exercise the privileges of their rating and whose duties include flight instruction.
flight instructor Grade II means a person who is the holder of a commercial or higher pilot’s licence which is endorsed by CASA with a Grade II Instructor rating, or Grade I Instructor rating and who is required by their employer to exercise the privileges of their rating and whose duties include flight instruction.
flight instructor Grade III means a person who is the holder of a commercial or higher pilot’s licence which is endorsed by CASA with a Grade III Instructor rating and who is required by their employer to exercise the privileges of their rating and whose duties include flight instruction.
general aviation employer means an employer in the industry of operating aircraft for purposes other than providing commercial scheduled passenger and freight air transport services, including non-scheduled commercial air transport (private, business, and instructional flying) in, and from a base in, Australia but not including aerial application operations or helicopter operations.
[Definition of helicopter aircrew, helicopter aircrewperson and aircrewperson inserted by PR738768 ppc 07Mar22]
helicopter aircrew, helicopter aircrewperson, or aircrewperson means an employee other than a pilot who is employed in helicopter operations as a surveillance aircrewperson, rescue aircrewperson, surveillance mission coordinator, aircrewperson, line training aircrewperson, check and training aircrewperson, or chief aircrewperson.
[Definition of home base (pilots employed subject to Schedule D—Sector Specific Conditions—Helicopter Operations of this Award) substituted by PR738768 ppc 07Mar22]
home base (employees subject to Schedule D or Schedule F) means the base at which an employee from time to time is permanently domiciled.
home base (pilots employed subject to Schedule A, Schedule B or Schedule C) means the base at which a pilot from time to time is permanently assigned or awarded.
[Definition of layover varied by PR738768 ppc 07Mar22]
layover means the continuous period of time in excess of 9 hours in every 24 hour period standing alone from the time of commencement of duties that an employee spends free of duty between consecutive duty periods at a port other than the employee’s home base. For the purpose of this definition a temporary transfer base will be regarded as home base. NOTE: for aerial application operations refer to clause C.1.4.
marine pilot transfer (MPT) means a pilot whose main duties involve transfer of marine pilots both day and night.
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
night operations means all duty between the hours of 2300 and 0400 hours local time at departure base. NOTE: for aerial application operations refer to clause C.1.5.
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.
permanent means any period in excess of 180 days.
[Definition of permanent transfer varied by PR738768 ppc 07Mar22]
permanent transfer means the transfer of an employee from home base to a new home base for a period of 180 calendar days or more.
pilot means a person who is the holder of a commercial pilot’s licence or airline transport pilot’s licence and is employed under the provisions of the award, including pilots operating overseas from a base within Australia on behalf of the operator. The term pilot includes a check pilot, training pilot, first officer and second officer.
regional airline means an employer operating aircraft for the primary purpose of transporting goods and passengers by scheduled commercial air services or charter by air to and/or from regional airports throughout Australia (including between regional airports and airports in capital cities).
salary means minimum salaries and additions to minimum salaries as prescribed by this award.
[Definition of search and rescue varied by PR738768 ppc 07Mar22]
search and rescue means a pilot or helicopter aircrewperson primarily engaged in search and rescue operations involving twin engine aircraft both by day and night.
second officer means a pilot who is appointed as a second officer by the employer and who currently is licensed by CASA to act as third in command of an aircraft requiring more than 2 pilots.
senior instructor means a pilot who is designated by their employer as a senior instructor and who is required to carry out duties associated therewith in addition to flying duties.
[Definition of small business employer inserted by PR774758 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum salary for a Captain single engine UTBNI 1360 kg in A.1.1 divided by 52.
[Definition of standard rate for helicopter aircrew inserted by PR738768 ppc 07Mar22]
standard rate for helicopter aircrew means the minimum weekly wage for an aircrewperson.
[Definition of temporary transfer varied by PR738768 ppc 07Mar22]
temporary transfer means the transfer of an employee from home base to another base for the purpose of being temporarily utilised at that base for a minimum of 6 days and a maximum of 180 days.
training pilot means a pilot other than a check pilot who is appointed to perform route endorsing and or training duties.
URTI means upper respiratory tract infection.
[Definition of workplace delegate inserted by PR774758 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3. The National Employment Standards and this award
3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
[Varied by PR738768]
[4.1 varied by PR738768 ppc 07Mar22]
4.1 This occupational award covers employers throughout Australia of air pilots and helicopter aircrew and those employees.
[4.2 varied by PR738768 ppc 07Mar22]
4.2 The award does not cover an employee covered by an industry award that contains pilot or helicopter aircrew classifications or an employee excluded from award coverage by the Act.
[New 4.3 inserted by PR738768 ppc 07Mar22]
4.3 This award does not cover employees who are covered by:
(a) the Medical Practitioners Award 2020;
(b) the Airline Operations – Ground Staff Award 2020;
(c) the Ambulance and Patient Transport Industry Award 2020.
[4.3 renumbered as 4.4 by PR738768 ppc 07Mar22]
4.4 The award does not cover employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
[4.4 renumbered as 4.5 by PR738768 ppc 07Mar22]
4.5 The award does not cover employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
[4.5 renumbered as 4.6 by PR738768 ppc 07Mar22]
4.6 This award covers any employer which supplies on-hire employees in classifications set out in clause 11—Classifications and those on-hire employees, if the employer is not covered by another modern award containing a classification which is more appropriate to the work performed by the employee. Clause 4.6 operates subject to the exclusions from coverage in this award.
[4.6 renumbered as 4.7 by PR738768 ppc 07Mar22]
4.7 Subject to clause 4.1, where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.
5. Individual flexibility arrangements
5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:
(a) arrangements for when work is performed; or
(b) overtime rates; or
(c) penalty rates; or
(d) allowances; or
(e) annual leave loading.
5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.
5.3 An agreement may only be made after the individual employee has commenced employment with the employer.
5.4 An employer who wishes to initiate the making of an agreement must:
(a) give the employee a written proposal; and
(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.
5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.
5.6 An agreement must do all of the following:
(a) state the names of the employer and the employee; and
(b) identify the award term, or award terms, the application of which is to be varied; and
(c) set out how the application of the award term, or each award term, is varied; and
(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and
(e) state the date the agreement is to start.
5.7 An agreement must be:
(a) in writing; and
5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.
5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.
5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.
5.11 An agreement may be terminated:
(a) at any time, by written agreement between the employer and the employee; or
NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).
5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.
5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee
6. Requests for flexible working arrangements
[6 substituted by PR763243 ppc 01Aug23]
Requests for flexible working arrangements are provided for in the NES.
NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 32—Dispute resolution and/or under section 65B of the Act.
[Varied by PR738768]
7.1 Facilitative provisions
(a) This award contains facilitative provisions that allow agreement between an employer and employees on how specific award provisions are to apply at the workplace or section or sections of it.
(b) The specific award provisions establish both the standard award condition and the framework within which agreement can be reached as to how particular provisions should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations nor should they result in unfairness to an employee or employees covered by an award.
(c) Where agreement is reached with the majority of employees in the workplace or part of it to implement a facilitative provision that requires agreement between the employer and majority of employees in the workplace or part of it, that agreement binds all such employees.
7.2 An employee or employees may nominate a representative to meet and confer with the employer under clause 7.
7.3 If any dispute or difficulty arises over the implementation or continued operation of a facilitative provision, the matter will be handled in accordance with the dispute resolution procedure in this award.
[7.4 varied by PR738768 ppc 07Mar22]
7.4 Facilitative provisions in this award are contained in the following clauses:
|
Clause |
Provision |
Agreement between an employer and: |
|
14.1(b) |
Transfers – Permanent |
an individual |
|
15.4 |
Maximum flying times |
the majority of employees |
|
15.5 |
One or two pilot operation |
the majority of employees |
|
15.6 |
Reserve time |
the majority of employees |
|
15.7 |
Periods of duty |
the majority of employees |
|
15.8 |
Periods free of duty |
the majority of employees |
|
19.1(c) |
Payment of wages |
the majority of employees affected |
|
20.3(b)(iii) |
Expense-related allowances – Provision of transport and travel |
an individual |
|
23.2 |
When payment will be made for annual leave |
an individual |
|
23.9(a) |
Recall from annual leave |
an individual |
|
23.11 |
Annual leave in advance |
an individual |
|
23.12 |
Cashing out of annual leave |
an individual |
|
C.5.2 |
Annual leave – payment |
an individual |
|
D.5.5(a)(iii) |
Duty/flight time |
an individual |
|
D.5.5(b)(vi) |
Multiple day tours |
an individual |
|
D.6.5(e) |
Hours of duty |
the majority of employees |
7.5 Aerial application operations
(a) Clause 7.5 applies only to aerial application operations.
(b) Where the employer or its pilots wish to make an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process will apply:
(i) a consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace will be established; or
(ii) for the purposes of the consultative process, the pilots may nominate any person to represent them.
Part 2—Types of Employment and Classifications
[Varied by PR738768]
[8.1 varied by PR738768 ppc 07Mar22]
8.1 Employees under this award will be employed in one of the following categories:
(a) full-time;
(b) part-time; or
(c) casual.
[8.2 varied by PR738768 ppc 07Mar22]
[Varied by PR733833, PR738768]
[9.1 varied by PR738768 ppc 07Mar22]
9.1 An employer may employ part-time pilots or helicopter aircrew in any classification in this award.
[9.2 varied by PR738768 ppc 07Mar22]
9.2 A part-time employee is an employee who is engaged to perform less than the full-time hours at the workplace on a reasonably predictable basis.
[9.3 varied by PR738768 ppc 07Mar22]
9.3 Part-time employees are entitled on a pro rata basis to equivalent pay and conditions to those of full-time employees.
[9.4 varied by PR738768 ppc 07Mar22]
9.5 Any agreed variation to the regular pattern of work will be recorded in writing.
[9.6 varied by PR738768 ppc 07Mar22]
9.6 An employer is required to roster a part-time employee for a minimum of 2 consecutive flying hours.
[9.7 deleted by PR733833 from 27Sep21]
[Varied by PR718864, PR733833, PR729304, PR738768, PR740726, PR762155, PR773930, PR777276]
10.1 Clause 10 does not apply to employees engaged in aerial application operations.
[New 10.3 inserted by PR738768 ppc 07Mar22]
[10.3 renumbered as 10.4 and varied by PR738768 ppc 07Mar22]
10.4 A casual employee will be paid an amount of 25% for each hour in addition to the amount in clause 10.2 or 10.3. This loading is instead of entitlements to leave and other matters from which casuals are excluded by the terms of this award and the NES.
[10.4 renumbered as 10.5 and varied by PR738768 ppc 07Mar22]
10.5 Casual employees must be paid at the termination of each engagement but may agree to be paid weekly or fortnightly in accordance with usual payment methods for full-time employees.
[10.5 varied by PR718864, PR729304 ppc 01Nov21; renumbered as 10.6 by PR738768 ppc 07Mar22; varied by PR740726, PR762155, PR773930 ppc 01Jul24]
[10.6(a) varied by PR738768 ppc 07Mar22]
(i) for a period of duty (including rostered stand-by) of 4 hours or less, a minimum payment of 2 hours; and
(ii) for a period of duty (including rostered stand-by) exceeding 4 hours, a minimum of 4 hours.
(b) Where actual flight time exceeds the minimum shift payments detailed in clause 10.6(a), payment is to be calculated for each flying hour or part thereof.
Example – Casual hourly
rate for casual airlines/general aviation employees
Emma is a casual pilot paid an
hourly rate derived from the minimum salaries in Schedule A of the award. Emma flies a piston engine aircraft with a
maximum take-off weight of 3810kg on commuter operations and is required to
carry out flying using a Command instrument rating.
The annual salary for a full-time pilot under the classification of Captain,
Multi engine 3360 kg UTBNI 5660 kg is $65,023.
Emma is entitled to additions to salary under clause A.1.3(a) of $1890.04 per annum and clause A.1.4
of $7560.17.
The formula to calculate her hourly casual rate under clauses 10.2
and 10.4
of the award is:
(Annual salary + annual applicable additions to salary) divided by 800 = hourly
rate
Hourly rate x casual loading = casual hourly rate
Calculating Emma’s casual hourly rate:
Step 1: (annual salary + annual applicable additions to salary) = $74,473.21
Step 2: $74,473.21 / 800 = $93.09 per hour (hourly rate)
Step 3: $93.09 x 1.25 = $116.36* per hour (casual hourly rate)
Emma’s casual hourly rate of pay is $116.36* per hour.
*Emma’s actual rate of pay may differ based on other allowances that may be
payable under the Air Pilots Award.
10.7 Changes to casual employment status
[10.6 renamed and substituted by PR733833; 10.6 renumbered as 10.7 by PR738768 ppc 07Mar22; renamed and substituted by PR777276 from 27Aug24]
A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.
NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 32—Dispute resolution.
[Varied by PR738768]
11.1 All employees covered by this award must be classified according to the applicable structure as set out in the relevant schedules:
(a) Airlines/General aviation
See Schedule A—Classifications, Minimum Salaries and Additions to Salaries—Airlines/General Aviation
(b) Regional airlines
See Schedule B—Classifications, Minimum Salaries and Additions to Salaries—Regional Airlines
(c) Aerial application operations
See Schedule C—Sector Specific Conditions—Aerial Application Operations
(d) Helicopter operations—pilots
[11.1(d) renamed and substituted by PR738768 ppc 07Mar22]
See Schedule D—Sector Specific Conditions—Helicopter Operations—Pilots
(e) Helicopter operations—aircrew
[11.1(e) inserted by PR738768 ppc 07Mar22]
See Schedule E—Sector Specific Conditions—Helicopter Operations—Aircrew
11.2 Employers must advise their employees in writing of their classification and of any changes to their classification.
11.3 The classification by the employer must be according to the skill level or levels required to be exercised by the employee in order to carry out the principal functions of the employment as determined by the employer.
12. Change of pilot category/classification
12.1 Temporary
(a) An employer may require a pilot to carry out flying duties of a different category or classification either within the pilot’s home base or at a temporary transfer base.
(b) If the relief or temporary transfer involves flying duties of a category or classification attracting a higher level of remuneration and/or employment benefit, the pilot will be paid for all such duties at the applicable higher rate and benefit appropriate to the pilot’s period of service with the employer for a minimum of one week. Except as stated in clause 12.1(c), the remuneration rate and benefits will return to the pilot’s normal rate at the expiry of the relief/transfer or one week, whichever is the latter.
(d) If, during a relief or temporary transfer a pilot is required to carry out flying duties in a category or classification attracting a lower level of remuneration the pilot will continue on the existing salary scale.
12.2 Permanent
(a) On a change of category or classification of work, years of service with the employer will determine the incremental level in the new category or classification of work.
(b) On promotion to a different category or classification of work attracting a higher remuneration, the pilot will maintain their existing salary until proficient in the new category or classification.
(c) Transfer to lower paid duties
If a pilot is transferred to lower paid duties by reason of reduction of establishment or phase out or withdrawal of aircraft type, the pilot will be given the following minimum notice or paid at the existing salary rate for the notice specified below:
|
Period of service |
Minimum notice |
|
Under 1 year’s continuous service |
3 weeks |
|
Over 1 year but under 3 years’ continuous service |
6 weeks |
|
Over 3 years’ continuous service |
8 weeks |
[Varied by PR738768]
13.1 Clause 13 does not apply to employees engaged in aerial application operations.
[13.2 varied by PR738768 ppc 07Mar22]
13.2 Where the employer requires an employee to reach and maintain minimum qualifications for a particular aircraft type in accordance with this award, all facilities and other costs associated with attaining and maintaining those qualifications will be the responsibility of the employer.
[13.3 substituted by PR738768 ppc 07Mar22]
[13.4 varied by PR738768 ppc 07Mar22]
13.4 Where an employee fails the second check in clause 13.3, the employee may, where practicable, be reclassified to the previous or a mutually agreed equivalent position.
[13.5 varied by PR738768 ppc 07Mar22]
13.5 Where employment commences under this award the employee’s service required to be undertaken by the prospective employer, prior to commencing employment, during training period will be recognised and any training required to be conducted at the employee’s cost will be reimbursed to the employee.
13.6 Training bonds—pilots
[13.6 renamed by PR738768 ppc 07Mar22]
(a) An employer and a pilot may, by agreement, enter into a training bond whereby the costs of training which have been or are to be borne by the employer may be recovered from the pilot if the pilot ceases to be employed by the employer within a period of time agreed between the pilot and the employer, subject to the following:
(i) The training bond must be agreed between the employer and an individual pilot.
(ii) The training bond must be in writing, specify the amount of the bond, and be signed by the pilot prior to commencing training.
(iii) The maximum term of the training bond will be 2 years for piston engine/turbo prop aircraft and 3 years for jet aircraft.
(iv) The training bond amount cannot exceed 50% of the actual cost of the training.
(v) The training bond amount reduces on a monthly pro rata basis over the term of the training bond when the pilot successfully checks to line.
(vi) A pilot can be subject only to one training bond at a time. Where a pilot is subject to one training bond, and subsequently enters into another, the bonds are not cumulative and the highest value training bond will apply.
(vii) The employer can recover an amount payable under a training bond only where the pilot resigns, or, subject to the provisions of clause 13.6(a)(viii), the pilot’s employment is terminated for serious misconduct.
(ix) A training bond cannot be entered into in circumstances where an employer directs a pilot to undertake training.
(b) For the avoidance of doubt, a training bond can be entered into between an employer and a pilot only in respect of:
(i) class and type rating training necessary to operate a particular aircraft, including the aircraft type for which the pilot was initially employed (including pre-employment training and initial class and type rating training); and
(ii) upgrade training (change in rank and status training).
[Varied by PR738768]
[14.1(a) varied by PR738768 ppc 07Mar22]
(a) An employee will be given no less than 56 days written notice by their employer of an intended permanent transfer, provided that within this period the employee will be given at least 28 days written notice of the actual date of transfer.
[14.1(b) varied by PR738768 ppc 07Mar22]
[14.1(c) varied by PR738768 ppc 07Mar22]
(c) Where an employee is permanently transferred they will be granted upon arrival at their new base such period of time, as they require up to a maximum of 5 days, free of all duty to attend to personal matters arising from them being so transferred.
(d) Duty-free days prescribed by this award will not be used to meet the requirements of clause 14.1.
[14.1(e) varied by PR738768 ppc 07Mar22]
(e) An employee who is permanently transferred to another base at the direction of the employer will be reimbursed for all reasonable expenses incurred by the employee for the consequential removal of the employee, immediate family (including dependent children under 21 years of age), and their furniture, possessions and personal effects as approved by the employer prior to the transfer.
[14.1(f) varied by PR738768 ppc 07Mar22]
(f) An employee transferred to a new home base will be reimbursed the costs of appropriate accommodation until the employee has obtained suitable permanent accommodation. The provision of the reimbursement will be limited to a period of up to 2 weeks.
[14.2(a) varied by PR738768 ppc 07Mar22]
[14.2(b) varied by PR738768 ppc 07Mar22]
(b) An employee whose child is due to be born will wherever possible, not be required by their employer to transfer away from the employee’s home base during the 2 week period immediately preceding the anticipated confinement of their spouse or de facto partner and during the two-week period immediately following the birth of the child.
[14.2(c) varied by PR738768 ppc 07Mar22]
(c) On completion of a temporary transfer assignment an employee will be granted one day free of all duty for each week or part thereof in respect of the employee’s period of transfer at their home base.
[14.2(d) varied by PR738768 ppc 07Mar22]
(d) Until such time as agreed alternative accommodation becomes available the provisions of clause 20.3(a) will apply to an employee on temporary transfer. The cost of such agreed alternative accommodation will be reimbursed to the employee.
[14.2(e) varied by PR738768 ppc 07Mar22]
(e) Clause 14.2(e) does not apply to employees engaged in aerial application operations. Where the temporary transfer is to be for a period in excess of 28 days the employer will reimburse the cost of travel for the employee’s spouse or de facto partner and each dependent child, as defined, to join the employee when the agreed alternative accommodation is occupied by the employee. Where agreed, if alternative accommodation has not been found within 28 days of the commencement of the temporary transfer and provided the unexpired period of transfer is at least a further 28 days, the employee will be entitled to reimbursement of the travel and accommodation costs of the employee’s spouse or de facto partner and each dependent child.
[14.2(f) varied by PR738768 ppc 07Mar22]
(f) In the case of a temporary transfer an employee will be reimbursed any actual reasonable personal expense to which the employee incurred as a result of the transfer away from the employee’s home base.
[14.2(g) varied by PR738768 ppc 07Mar22]
15. Hours of work, days off and rest periods
[Varied by PR718864, PR729304, PR738768, PR740726, PR762155, PR773930]
15.1 Clause 15 does not apply to employees engaged in aerial application operations.
15.2 Hours of work, days off and rest periods will be determined in accordance with the following provided that ordinary hours of work must not average more than 38 per week:
(a) the regulations approved by CASA from time to time;
(b) general or employer-specific exemptions to, or concessions under, the regulations approved by CASA from time to time; or
(c) a Fatigue Risk Management System (FRMS) that has been developed by the employer after consultation with the affected pilots and/or their representatives and approved by CASA to apply to particular employers and employees.
Clauses 15.4 to 15.8 may be varied by agreement between the employer and a majority of the employees in the workplace or part of it.
[15.4 varied by PR738768 ppc 07Mar22]
15.4 If an employee works in accordance with clause 15.2(a) the following provisions will apply:
[15.4(a) varied by PR738768 ppc 07Mar22]
[15.4(b) varied by PR738768 ppc 07Mar22]
(b) An employee will not fly and the employer will not roster the employee to fly as a flight crew member in excess of 900 hours in 365 consecutive days.
[15.4(c) varied by PR738768 ppc 07Mar22]
(c) An employee engaged in flight instruction will not be required to exceed 6 hours of instructional flight time in any tour of duty.
(d) The flight time in a tour of duty already commenced may be extended to the maximum prescribed by the limitations in CAO 48, CAO 48E, or an approved FRMS.
[15.4(e) varied by PR738768 ppc 07Mar22]
(e) Where an extension occurs the employee will receive a rest period on the ground of not less than:
[15.4(e)(i) varied by PR738768 ppc 07Mar22]
(i) 9 consecutive hours which will include the hours between 2200 and 0600 local time, plus one additional hour for each 15 minutes or part thereof by which the employee’s flight time exceeded 8 hours; or
(ii) 10 consecutive hours plus one additional hour for each 15 minutes or part thereof by which the flight time exceeded 8 hours.
15.5 One or two pilot operation
Clauses 15.6 to 15.8 apply to circumstances where an employer is operating a one or 2 pilot operation in accordance with clause 15.2(a).
[15.6(a) varied by PR738768 ppc 07Mar22]
(a) An employee on reserve or stand-by duty will be contactable within any scheduled reserve duty period and will report for the appointed duty no later than 2 hours after being contacted. The employer will specify reserve duty period commencement and finishing times which will be as agreed between the employer and the majority of employees but the duration of such reserve duty periods will not exceed 11 hours.
(b) On any day a rostered tour of duty will not be immediately preceded by or immediately followed by a period of reserve duty.
[15.7 varied by PR738768 ppc 07Mar22]
The weekly duty period will normally consist of 5 days’ duty and 2 consecutive days free from all duty. By mutual agreement between the employee and the employer one day free of duty can be deferred. Where a day has been deferred a substitute day will be granted and taken within 28 days unless further deferred by mutual agreement in writing. For the purpose of rotating the roster one 2 day period may be reduced to single days in each 28 day cycle.
[15.8(a) varied by PR738768 ppc 07Mar22]
(a) When an employee completes the maximum permissible flying or duty hours prescribed in CAO 48 the employer will not require the employee to perform any further duties whatsoever for the remainder of the relevant period.
[15.8(b) varied by PR738768 ppc 07Mar22]
(b) The employer will ensure that an employee is rostered at least one weekend off in each 28 day cycle, where practical.
[15.8(c) varied by PR738768 ppc 07Mar22]
(c) An employee on a temporary assignment away from home base may elect to defer duty-free days. The employee will receive the deferred days off immediately upon return to home base.
[15.8(d) varied by PR738768 ppc 07Mar22]
(d) An employee will not be rostered for a tour of duty terminating after 2200 hours on the day preceding the rostered day or days free of duty and will not be rostered to commence duty prior to 0600 hours on the day following the day or days free of duty.
[15.8(e) varied by PR738768 ppc 07Mar22]
(e) Where a tour of duty, rostered to terminate before 2200 hours on the day preceding the day or days rostered free of duty, is extended by delays so that it terminates after 2200 hours, the employee will be regarded as having worked on a day off. In those circumstances clause 15.8(f) applies, except where an employee receives 6 or more calendar days free of duty in any fortnight standing alone.
[15.8(f) varied by PR738768 ppc 07Mar22]
(f) An employee who is a pilot will not be required to work on a rostered duty-free day. In the event of unforeseen circumstances an employer may request a pilot to work on a rostered duty-free day. If a pilot agrees to work:
(i) a substitute duty-free day will be arranged within a month of the day worked; and
[15.8(f)(ii) varied by PR718864, PR729304, PR740726, PR762155, PR773930 ppc 01Jul24]
(ii) the pilot will receive an additional amount of $128.07 per day worked.
[15.8(g) varied by PR738768 ppc 07Mar22]
(g) Where a tour of duty is cancelled and the employee has been notified of the cancellation by 1900 hours on the preceding day, then the day of the cancellation may be regarded as a day off.
[15.8(h) varied by PR738768 ppc 07Mar22]
(h) If a tour of duty scheduled to commence after 1200 hours is cancelled, and the employee has been notified of the cancellation by 2000 hours on the preceding day, then the day of the cancellation may be regarded as a day off.
[15.8(i) varied by PR738768 ppc 07Mar22]
(i) When an employee on assignment away from home base is not required for duty on any rostered duty day, the day will not be deemed to be a day off.
(j) A tour of duty or period of reserve time at home will be preceded by a rest period on the ground of at least:
(i) 9 consecutive hours embracing the hours between 2200 and 0600 local time; or
(ii) 10 consecutive hours.
[15.8(k) varied by PR738768 ppc 07Mar22]
(k) When an aircraft is scheduled to arrive at a time that the employees would be free of duty not later than 2200 hours local time and the aircraft is delayed beyond that time, the 9 hour rest period prescribed may be commenced up to 2300 hours local time, provided the succeeding tour of duty does not exceed 6 hours.
[15.8(l) varied by PR738768 ppc 07Mar22]
(l) An employer will not roster an employee for a tour of duty in excess of 11 hours. Where a tour of duty has commenced it may be extended to 12 hours.
[15.8(m) varied by PR738768 ppc 07Mar22]
(m) Where an extension occurs the employee will receive a rest period on the ground of not less than:
(i) 9 consecutive hours which will include the hours between 2200 and 0600 local time, plus one additional hour for each 15 minutes or part thereof by which the tour of duty time exceeds 11 hours; or
(ii) 10 consecutive hours plus one additional hour for each 15 minutes or part thereof by which the tour of duty time exceeded 11 hours.
[15.8(n) varied by PR738768 ppc 07Mar22]
(n) Where a tour of duty already commenced exceeds 12 hours or the flight time exceeds 9 hours the employee will have, at the completion of the tour of duty, a rest period of at least 24 consecutive hours.
[15.8(o) varied by PR738768 ppc 07Mar22]
(o) Where an employee has completed 2 consecutive tours of duty, the aggregate of which exceeds 8 hours flight time or 11 hours duty time, and the intervening rest period is less than:
(i) 12 consecutive hours embracing the hours between 2200 and 0600 local time; or
(ii) 24 consecutive hours, if not embracing the hours between 2200 and 0600 local time,
the employee will have a rest period on the ground of at least 12 consecutive hours embracing the hours between 2200 and 0600 local time or 24 consecutive hours, prior to commencing a further tour of duty.
[15.8(p) varied by PR738768 ppc 07Mar22]
(p) When an aircraft is scheduled to arrive at such a time that the employee would be free of duty not later than 2200 hours local time and the aircraft is delayed beyond that time, the 12 hour rest period may be commenced up to 2300 hours provided that the succeeding tour of duty does not exceed 6 hours.
[15.8(q) varied by PR738768 ppc 07Mar22]
(q) An employee will not commence a flight and an employer will not roster the employee for a flight unless during the 7 day period terminating coincident with the termination of the flight the pilot has been relieved from all duty associated with the employment for at least one continuous period embracing the hours between 2200 and 0600 on 2 consecutive nights.
[15.8(r) varied by PR738768 ppc 07Mar22]
(r) The employer will not roster an employee to fly when completion of the flight will result in the employee exceeding 90 hours of duty of any nature associated with the employment in each fortnight standing alone. For the purpose of clause 15.8, duties associated with an employee’s employment include reserve time at the airport, tour of duty, deadhead transportation, administrative duties and all forms of ground training. The operator will designate the day on which the first of the fortnightly periods will start.
15A. Employee right to disconnect
[15A inserted by PR778013 from 26Aug24]
15A.1 Clause 15A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.
NOTE:
(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:
(1) their employer outside of the employee’s working hours,
(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.
(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.
(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.
(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.
(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.
15A.2 Clause 15A applies from the following dates:
(a) 26 August 2024—for employers that are not small business employers on this date and their employees.
(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.
15A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
15A.4 Clause 15A.3 does not prevent an employer from requiring an employee to monitor, read or respond to contact, or attempted contact, from the employer outside of the employee’s working hours where:
(a) the employee is on reserve or stand-by duty under clause 15.6; and
(b) the employer’s contact is to notify the employee that they are required to attend or perform work or give other notice about the reserve or stand-by duty.
15A.5 Clause 15A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of a recall to work under clause 23.9.
16. Rostering arrangements
[Varied by PR738768]
16.1 Clause 16 does not apply to employees engaged in aerial application operations.
[16.2 varied by PR738768 ppc 07Mar22]
16.2 Rosters of employees will be compiled to cover a minimum 14 day period and published not less than 7 days prior to the commencement of the roster period.
[16.3 varied by PR738768 ppc 07Mar22]
16.3 Each roster will specify in detail each employee’s duty days and duty periods, stand-by duty, reserve duty days and periods free of duty and leave periods.
[16.4 varied by PR738768 ppc 07Mar22]
16.4 An employee’s rostered duty-free days may only be altered with the consent of both parties.
[16.5 varied by PR738768 ppc 07Mar22]
16.5 Subject to clause 31—Consultation about changes to rosters or hours of work, any alterations to rosters will be advised in writing to the affected employee(s) as early as practicable.
[16.6 varied by PR738768 ppc 07Mar22]
16.6 An employee must not be displaced from their rostered duty period except for the following reasons:
(a) disruptions to service;
(b) checking and training;
(c) cancellation of a flight; or
[16.6(d) varied by PR738768 ppc 07Mar22]
(d) the employee has insufficient hours to complete a flight.
[16.7 varied by PR738768 ppc 07Mar22]
16.7 The employer may grant exchange of flying and/or day-to-day flights between employees upon request of the pilots concerned, provided that an employee’s ability to complete their subsequent flying within the roster period will not be reduced as a result.
[16.8 varied by PR738768 ppc 07Mar22]
16.8 The employer must make every endeavour to keep an employee in their (designated) rostered duty period.
[Varied by PR738768]
[17.1 varied by PR738768 ppc 07Mar22]
[17.2 varied by PR738768 ppc 07Mar22]
17.2 The provision of clause 17.1 will not apply where the employee is reimbursed in full the reasonable cost of a meal or in the alternative is provided with a meal of an acceptable standard.
[Varied by PR738768]
See Schedule A—Classifications, Minimum Salaries and Additions to Salaries—Airlines/General Aviation
18.2 Regional airlines
See Schedule B—Classifications, Minimum Salaries and Additions to Salaries—Regional Airlines
18.3 Aerial application operations
See Schedule C—Sector Specific Conditions—Aerial Application Operations
18.4 Helicopter operations—pilots
[18.4 renamed and substituted by PR738768 ppc 07Mar22]
See Schedule D—Sector Specific Conditions—Helicopter Operations—Pilots
18.5 Helicopter operations—aircrew
[18.5 inserted by PR738768 ppc 07Mar22]
See Schedule E—Sector Specific Conditions—Helicopter Operations—Aircrew
NOTE: See Schedule F—Summary of Hourly Rates of Pay for a summary of hourly rates of pay.
[Varied by PR738768; corrected by PR738956]
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
(a) Clause 19.1 does not apply to employees engaged in aerial application operations.
(b) Wages must be paid weekly, fortnightly or monthly in arrears.
(d) Reimbursement of expense claims will be made within 21 days of lodgement.
19.2 Method of payment
Wages must either be paid by cash, cheque or electronic funds transfer into the bank or financial institution account nominated by the employee.
[19.3 varied by PR738768; corrected by PR738956 ppc 07Mar22]
19.3 If an investigation is pending into an accident or incident in which an employee has been involved (or as a result of a drug or alcohol test conducted under CASA regulations), and the employer does not propose to permit the employee to continue flying, the employer may suspend the pilot on minimum salary (including any additions to salary as defined) for a period not exceeding 28 days and the pilot will have recourse to the dispute resolution procedure specified in this award.
[Varied by PR718864, PR719017, PR729304, PR729489, PR738768; corrected by PR738956; varied by PR740726, PR740894, PR762155, PR762319, PR773930, PR774101]
20.1 Employers must pay to an employee the allowances the employee is entitled to under clause 20.
NOTE: See Schedule G—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
20.2 Wage-related allowances
(a) Engineering and other duties allowances
[20.2(a)(i) varied by PR738768 ppc 07Mar22]
(i) Clause 20.2(a) does not apply to employees engaged in aerial application operations or to helicopter aircrew.
[20(a)(ii) varied by PR718864, PR729304, PR740726, PR762155, PR773930 ppc 01Jul24]
[20.2(a)(iii) varied by PR718864, PR729304, PR740726, PR762155, PR773930 ppc 01Jul24]
[20.2(a)(iv) varied by PR718864, PR729304, PR740726, PR762155, PR773930 ppc 01Jul24]
(v) Nothing in clause 20.2(a) will be construed to remove the obligations of a pilot to supervise the loading and/or unloading of their aircraft.
(i) Clause 20.2(b) does not apply to employees engaged in aerial application operations.
[20.2(b)(ii) varied by PR718864, PR729304, PR738768 ppc 07Mar22, PR740726, PR762155, PR773930 ppc 01Jul24]
(ii) Employees must be paid a personal inconvenience allowance of $18.59 per night operation flown.
(i) Clause 20.2(c) does not apply to pilots engaged in aerial application operations.
[20.2(c)(ii) varied by PR718864, PR729304; substituted by PR738768 ppc 07Mar22; varied by PR740726, PR762155, PR773930 ppc 01Jul24]
(ii) Where an employer requires the use of night vision goggles (NVG), employees other than helicopter aircrew who have been trained in the use of NVG’s will be paid the NVG allowance as follows:
|
|
$ per annum |
|
Single pilot command |
10,282.24 |
|
Multi pilot command |
6852.28 |
|
Co-pilot |
5136.47 |
[20.2(c)(iii) inserted by PR738768 ppc 07Mar22]
(iii) The night vision goggles allowance for helicopter aircrew is in clause E.4.1(b).
(d) Overseas duty
[20.2(d)(i) varied by PR718864, PR729304, PR738768 ppc 07Mar22, PR740726, PR762155, PR773930 ppc 01Jul24]
[20.2(d)(ii) varied by PR738768 ppc 07Mar22]
(ii) The employer will also be responsible for the provision and finalisation prior to departure of such flights of all items to facilitate the conduct of the operation by the employee. These items will include but not necessarily be limited to:
· the requisite customs and entry documentation;
· accommodation, adequate currency or credit cards valid in the ports to be visited; and
· letters of introduction or similar documentation to facilitate assistance from Australian diplomatic consular representatives or appropriate neutral representatives.
[20.2(d)(iii) varied by PR738768 ppc 07Mar22]
(iii) Passport and vaccination expenses incurred by an employee to operate overseas will be reimbursed by the employer.
20.3 Expense-related allowances
(a) Accommodation and meal allowance
[20.3(a)(i) varied by PR738768 ppc 07Mar22]
(i) Clause 20.3(a) does not apply to pilots employed by regional airlines or to helicopter aircrew.
[20.3(a)(ii) varied by PR719017, PR740894, PR762319 ppc 01Jul23]
[20.3(a)(iii) varied by PR719017, PR740894, PR762319 ppc 01Jul23]
(iii) When a pilot demonstrates to the satisfaction of the employer that appropriate accommodation was not available on the layover, a pilot will be paid, in addition to the reimbursement allowance in clause 20.3(a)(ii), a hardlying allowance of $124.03.
[20.3(a)(iv) varied by PR719017, PR740894, PR762319 ppc 01Jul23]
(iv) Where the employer and pilot agree, an allowance of $178.09 may be paid instead of the allowance in clauses 20.3(a)(ii) and 20.3(a)(iii).
[20.3(a)(v) varied by PR719017, PR729489, PR740894, PR762319, PR774101 ppc 01Jul24]
(v) Where a pilot commences a tour of duty from a layover port involving duty during a meal period and such duty exceeds 30 minutes the pilot will be provided with a meal or be paid the following allowances:
|
|
$ per meal |
|
0630–0800 hours |
34.19 |
|
1200–1330 hours |
38.31 |
|
1800–2000 hours |
65.85 |
|
Incidentals |
27.97 |
[20.3(a)(vi) varied by PR719017, PR740894, PR762319 ppc 01Jul23]
(vi) For each night or part thereof when a pilot is required to camp out, a pilot will be paid $136.35 camping out allowance. The allowance payable under clause 20.3(a)(vi) is instead of all other allowances in clause 20.3(a).
(b) Provision of transport and travel
[20.3(b)(i) varied by PR738768 ppc 07Mar22]
(i) Clause 20.3(b) does not apply to employees employed by regional airlines.
[20.3(b)(ii) varied by PR738768 ppc 07Mar22]
(ii) An employee when required by their employer:
· to undertake any travel in the course of their employment;
· when required by their employer or CASA, subject to the employer’s prior approval, to undertake any travel for the purposes of any training or certification, or
· for any other reason in the course of their employment,
will be provided with travel for all such duty travel at no expense to the employee.
[20.3(b)(iii) varied by PR738768 ppc 07Mar22]
[20.3(b)(v) varied by PR729489, PR738768 ppc 07Mar22, PR740894, PR762319, PR774101 ppc 01Jul24]
(c) Loss of pilot’s licence allowance
[20.3(c) varied by PR719017, PR729489, PR740894 ppc 01Jul22; renamed by PR738768 ppc 07Mar22; varied by PR740894, PR762319, PR774101 ppc 01Jul24]
In addition to all other remuneration prescribed by this award the employer will pay to each pilot on permanent hire an annual allowance of up to $2753 to assist the pilot to hold adequate insurance against loss of licence. Payment of the allowance will be made on the first date for payment of salary after production by the pilot of proof of payment.
(i) Where an employer requires a pilot to have a telephone at their residence the employer will pay any cost of installation or transfer plus rental (in the case of aerial application operations, only half the rental) and the cost of all business calls. This provision will operate only in respect of one installation per pilot at any one base. The provision of a mobile telephone will satisfy this requirement.
(ii) Where the employer does not require a pilot to have a telephone the employer will pay the cost of all business calls made on a pilot’s personal telephone plus in the case of full-time or part-time pilots, 50% of rental costs.
(e) Uniform or protective clothing
(i) Clause 20.3(e) does not apply to employees engaged in aerial application operations or in cases where the employer provides a uniform and/or protective clothing and equipment.
[20.3(e)(iii) varied by PR738768; corrected by PR738956 ppc 07Mar22]
[20.3(e)(iv) varied by PR738768 ppc 07Mar22]
(iv) Where the employer does not provide protective clothing and equipment, the employer must reimburse the employee for the reasonable cost of purchase and maintenance of protective clothing and equipment required in the performance of the employees’ duties.
(f) Reimbursement of expenses—generally
[20.3(f) varied by PR738768 ppc 07Mar22]
The employer must fully reimburse an employee for all costs necessarily incurred by the employee which are associated with the operation of the aircraft, including expenses relating to the entertainment of or assistance rendered to passengers or clients.
(i) Clause 20.3(g) does not apply to employees engaged in aerial application operations.
[20.3(g)(ii) varied by PR729489, PR738768, PR740894, PR762319, PR774101 ppc 01Jul24]
(ii) An employee will be reimbursed an amount of $9.31 in respect of return travel between the employee’s home and the employee’s home base airport where an employee signs on for duty or signs off from duty between the hours of 1900 and 0700. This allowance will not be paid to an employee who is either provided with transport or the cost thereof or who is being paid the kilometre allowance prescribed in clause 20.3(b)(v).
[Varied by PR719017, PR729489, PR738768; corrected by PR738956; varied by PR740726, PR740894, PR762319, PR774101]
[21.1 varied by PR738768 ppc 07Mar22]
21.1 In addition to any statutory entitlement to workers compensation an employee will be paid make-up pay.
[21.2 varied by PR738768 ppc 07Mar22]
21.3 The amount in clause 21.2 will not apply for the first 5 or aggregate of 5 working days of incapacity nor will it apply during any paid leave period.
[21.4 varied by PR738768; corrected by PR738956 ppc 07Mar22]
21.4 Make-up pay, where no ascertainable amount is available will be based on the average for the previous 12 months for aerial application operations and 3 months for all other employees or lesser period of time which any employee has been employed.
[21.6 varied by PR738768 ppc 07Mar22]
[21.7 varied by PR738768 ppc 07Mar22]
21.7 Nothing in clause 21 will affect the right of an employer to terminate an employee’s employment in accordance with this award. No employee will be terminated as a result of their having received make-up pay or as a means of avoiding make-up pay obligations.
[21.8 varied by PR738768 ppc 07Mar22]
21.8 In the event that an employee receives a lump sum in redemption of regular statutory compensation entitlements, the liability of the employer to pay make-up pay will cease from the date of such redemption.
[21.9 varied by PR738768 ppc 07Mar22]
21.9 Where the employee recovers damages from the employer or from a third party in respect of a compensable injury independent of statutory entitlements, the employee will be liable to repay to the employer the amount of make-up pay which the employee has received in respect of the said injury and will have no further make-up pay entitlements in respect of the injury.
21.10 Any period spent on workers compensation will accrue for the purposes of accumulation of annual leave, personal/carer’s leave and long service leave entitlements.
[21.11(a) varied by PR719017, PR729489, PR738768, PR740894, PR762319, PR774101 ppc 01Jul24]
[New 21.11(b) inserted by PR738768 ppc 07Mar22; varied by PR740894, PR762319, PR774101 ppc 01Jul24]
(b) An employer will provide each of their employees engaged as helicopter aircrew with insurance for accidental death or accidental total and permanent disability benefit of not less than $364,222 over and above any entitlement under accident compensation legislation.
[21.11(b) renumbered as 21.11(c) and varied by PR738768 ppc 07Mar22]
(c) The insurance benefit from clause 21.11(a) or 21.11(b) (as applicable) will be paid only to the employee’s nominated dependants or next friend or trustee and a receipt or receipts for the amount insured from such dependant, next friend or trustee will terminate the employer’s obligation under clause 21.11.
[21.11(c) renumbered as 21.11(d) and substituted by PR738768 ppc 07Mar22]
(d) An employee’s entitlement under a superannuation scheme provided by their employer to a death benefit of not less than an amount prescribed in clause 21.11(a) or 21.11(b) (as applicable) will satisfy the employer’s obligations under 21.11.
[21.11(d) varied by PR719017, PR729489; renumbered as 21.11(e) by PR738768 ppc 07Mar22; varied by PR740894, PR762319, PR774101 ppc 01Jul24]
(e) Should an employer’s insurer reject a proposal for cover of an employee under clause 21.11(a), and should the employee be able to obtain their own insurance, the employee will be reimbursed, upon production of a receipt, for expenditure on such insurance up to $1134.00 for aerial application operations and $680.46 for all other operations.
[21.11(e) renumbered as 21.11(f) by PR738768 ppc 07Mar22]
(f) Payment under clause 21.11(a) will be deemed to discharge the employer’s obligation in clause 21.11.
21.12 Indemnity
[21.12 renamed and varied by PR738768 ppc 07Mar22]
An employee will not be required to pay for damage or loss of aircraft or equipment used in the service nor will any lien or other claim be made by the employer upon the employee’s estate. Any claim made by any member of the public, passenger or other person upon the employee’s estate as a result of any accident or happening caused by the employee when duly performing their nominated duty, whether efficiently or, as may be subsequently determined, negligently, will be accepted as a claim made against the employer. The employer will be solely responsible for all claims as a result of operations by or travel in their aircraft. The foregoing will not apply to an employee who knowingly performs their nominated duty in a manner contrary to law or the employer’s policy.
[Varied by PR738768, PR771321]
22.1 Superannuation legislation
[22.1 substituted by PR771321 ppc 09Apr24]
(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 22 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
22.3 Voluntary employee contributions
(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 22.2.
(c) The employer must pay the amount authorised under clauses 22.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 22.3(a) or (b) was made.
22.4 Superannuation fund
[22.4 substituted by PR738768 ppc 07Mar22, varied by PR771321 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 22.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 22.2 and pay any amount authorised under clauses 22.3(a) or 22.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(a) In respect of pilots:
(i) Aviation Industry Superannuation Trust (TAIST).
(b) In respect of helicopter aircrew:
(i) Australian Super; or
(ii) Sunsuper.
(c) In respect of pilots and helicopter aircrew:
(i) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008 (in the case of pilots) or [date variation takes effect] 2022 (in the case of helicopter aircrew), provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or
(ii) a superannuation fund or scheme which the employee is a defined benefit member of.
22.5 Absence from work
Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 22.2 and pay the amount authorised under clauses 22.3(a) or (b):
(a) Paid leave—while the employee is on any paid leave;
(b) Work-related injury or illness—for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:
(i) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements; and
(ii) the employee remains employed by the employer.
Part 5—Leave and Public Holidays
[Varied by PR738768]
23.1 Annual leave is provided for in the NES. Clause 23 provides occupational specific detail.
23.2 When payment will be made for annual leave
[23.2 varied by PR738768 ppc 07Mar22]
An employee will be paid in full for the period of leave to be taken prior to commencing such leave unless mutually agreed between the employee and the employer.
23.3 Electronic funds transfer (EFT) payment of annual leave
Despite anything else in clause 23, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.
23.4 Entitlement to annual leave
An employee is entitled to annual leave such that the employee’s total entitlement to annual leave pursuant to the NES and this award for each year of employment is a total of 42 days annual leave, inclusive of Saturdays, Sundays and public holidays on full salary for each completed year of service, with a right to take 2 rostered days free of duty immediately before or after or one day immediately before and one day immediately after such leave period.
NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).
(a) Clause 23.5 does not apply to employees engaged in aerial application operations.
[23.5(b) varied by PR738768 ppc 07Mar22]
(b) In addition to the entitlement to payment under clause 23.4, an employee when proceeding on annual leave will be paid in respect of the first 28 of 42 days annual leave (inclusive of Saturdays, Sundays and public holidays) falling due each year either:
(i) an annual leave loading equivalent to 17.5% of the salary inclusive of allowances and additions to salary prescribed by this award; or
[23.5(b)(ii) substituted by PR738768 ppc 07Mar22]
(ii) the employee’s actual salary or wage inclusive of allowances and additions to salary or wage,
whichever amount is greater.
23.6 When annual leave can be taken
(a) A period of leave will commence on a Monday unless otherwise mutually agreed.
(b) Normally, annual leave will be granted and will be taken within 12 months from the date on which it falls due or alternatively 15 months from the date of commencement of the preceding period of leave.
[23.6(c) varied by PR738768 ppc 07Mar22]
(c) Annual leave will be allocated in no more than 2 periods unless otherwise mutually agreed between the employee and the employer.
(d) Subject to clause 24—Excessive annual leave accruals, annual leave must be taken at a time mutually agreed between the employee and employer.
23.7 For provisions additional to the NES about taking paid annual leave, to deal with excessive paid annual leave accruals, see clause 24—Excessive annual leave accruals.
23.8 Proportionate annual leave on termination of employment
(a) Clause 23.8 does not apply to employees engaged in aerial application operations.
[23.8(b) varied by PR738768 ppc 07Mar22]
(b) On termination of employment an employee will be paid fully instead of annual leave:
(i) for all untaken annual leave entitlements that have fallen due in relation to any completed years of service, in accordance with clause 23.4, and the loading specified in clause 23.5 for each completed year of service;
(ii) for the balance of the employment period, or for the whole period where it has been less than one completed year, at the rate of 1/365th of the entitlement in clause 23.1 for each completed day of employment in respect of which annual leave has not been granted; and
(iii) the annual leave loading, as specified in clause 23.5, will be paid in the case of redundancy.
[23.9 renamed by PR738768 ppc 07Mar22]
[23.9(a) varied by PR738768 ppc 07Mar22]
[23.9(b) varied by PR738768 ppc 07Mar22]
(c) Clause 23.9(b) does not apply to employees engaged in aerial application operations.
23.10 Illness during a period of annual leave
[23.10(a) varied by PR738768 ppc 07Mar22]
(a) Where an employee would not be fit for work during annual leave because of a personal illness, or personal injury, affecting the employee, the duration of such illness or injury may be counted as personal/carer’s leave to the extent that the employee has credited personal/carer’s leave. Providing that:
[23.10(a)(i) varied by PR738768 ppc 07Mar22]
(i) the employee will advise the employer as soon as practicable after the commencement of the illness or injury; and
(ii) produces proof of illness or injury to the employer within 7 days of return to duty.
[23.10(b) varied by PR738768 ppc 07Mar22]
(b) Every consideration will be given to granting the equivalent substitute recreation leave in the manner requested by the employee.
(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.
(b) An agreement must:
(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and
(ii) be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
NOTE: An example of the type of agreement required by clause 23.11 is set out at Schedule H—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule H—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 23.11 as an employee record.
(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 23.11, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.
23.12 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 23.12.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 23.12.
(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.
(d) An agreement under clause 23.12 must state:
(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and
(ii) the date on which the payment is to be made.
(e) An agreement under clause 23.12 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.
(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.
(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.
(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.
(i) The employer must keep a copy of any agreement under clause 23.12 as an employee record.
NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 23.12.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 23.12.
NOTE 3: An example of the type of agreement required by clause 23.12 is set out at Schedule I—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule I—Agreement to Cash Out Annual Leave.
24. Excessive annual leave accruals
Clause 24 contains provisions additional to the NES about taking paid annual leave, to deal with excessive paid annual leave accruals.
24.1 Definitions
An employee has an excessive leave accrual if the employee has accrued more than 84 days of annual leave (including Saturdays, Sundays and public holidays).
24.2 Eliminating excessive leave accruals
(a) Dealing with excessive leave accruals by agreement
Before an employer can direct that leave be taken under clause 24.2(b) or an employee can give notice of leave to be granted under clause 24.2(c), the employer or employee must seek to confer and must genuinely try to agree upon steps that will be taken to reduce or eliminate the employee’s excessive leave accrual.
(b) Employer may direct that leave be taken
(i) Clause 24.2(b) applies if an employee has an excessive leave accrual.
(ii) If agreement is not reached under clause 24.2(a), the employer may give a written direction to the employee to take a period or periods of paid annual leave. Such a direction must not:
(A) result in the employee’s remaining accrued entitlement to paid annual leave at any time being less than 63 days (inclusive of Saturdays, Sundays and public holidays and also taking into account all other paid annual leave that has been agreed, that the employee has been directed to take or that the employee has given notice of under clause 24.2(c);
(B) require the employee to take any period of leave of less than one week;
(C) require the employee to take any period of leave commencing less than 8 weeks after the day the direction is given to the employee;
(D) require the employee to take any period of leave commencing more than 12 months after the day the direction is given to the employee; or
(E) be inconsistent with any leave arrangement agreed between the employer and employee.
(iii) An employee to whom a direction has been given under clause 24.2(b) may make a request to take paid annual leave as if the direction had not been given.
NOTE: The NES state that the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.
(iv) If leave is agreed after a direction is issued and the direction would then result in the employee’s remaining accrued entitlement to paid annual leave at any time being less than 63 days inclusive of Saturdays, Sundays and public holidays, the direction will be deemed to have been withdrawn.
(v) The employee must take paid annual leave in accordance with a direction complying with clause 24.2(b).
(c) Employee may require that leave be granted
(i) Clause 24.2(c) applies if an employee has had an excessive leave accrual for more than 6 months and the employer has not given a direction under clause 24.2(b) that will eliminate the employee’s excessive leave accrual.
(ii) If agreement is not reached under clause 24.2(a), the employee may give a written notice to the employer that the employee wishes to take a period or periods of paid annual leave. Such a notice must not:
(A) result in the employee’s remaining accrued entitlement to paid annual leave at any time being less than 63 days (inclusive of Saturdays, Sundays and public holidays and also taking into account all other paid annual leave that has been agreed, that the employee has been directed to take or that the employee has given notice of under clause 24.2(c));
(B) provide for the employee to take any period of leave of less than one week;
(C) provide for the employee to take any period of leave commencing less than 8 weeks after the day the notice is given to the employer;
(D) provide for the employee to take any period of leave commencing more than 12 months after the day the notice is given to the employer; or
(E) be inconsistent with any leave arrangement agreed between the employer and employee.
(iii) The maximum amount of leave that an employee can give notice of under clause 24.2(c) is 42 days' leave in any 12 month period.
(iv) The employer must grant the employee paid annual leave in accordance with a notice complying with clause 24.2(c).
25. Personal/carer’s leave and compassionate leave
[Varied by PR738768]
25.1 Personal/carer’s leave and compassionate leave are provided for in the NES.
[25.2 varied by PR738768 ppc 07Mar22]
25.2 Clauses 25.3 to 25.5 inclusive of clause 25.2 apply to full-time and part-time employees only.
25.3 Additional personal leave for URTI
[25.3(a) varied by PR738768 ppc 07Mar22]
(a) In addition to the entitlements in the NES, employees will be granted up to 6 days’ paid leave per year for a disability associated with an upper respiratory tract infection (URTI).
(b) The paid leave in clause 25.3 is not cumulative.
[25.3(c) varied by PR738768 ppc 07Mar22]
(c) Employees will determine whether the URTI is sufficiently serious as to prevent them from performing flying duties only or whether the URTI prevents them from performing any work.
[25.3(d) varied by PR738768 ppc 07Mar22]
(d) If the URTI prevents flying duties only the employee will report for work and will perform ground based duties only.
(e) If the URTI prevents any work, the employer may require a medical certificate specifying the nature of the URTI.
[25.3(f) varied by PR738768 ppc 07Mar22]
(f) Where an employee reports for work and performs ground duties only in accordance with clause 25.3, the entitlement under clause 25.3 will not be affected.
25.4 The effect of workers compensation
There is no entitlement to paid leave of absence for any period the employee is receiving workers compensation payments.
25.5 Return from personal leave
A pilot who has been granted paid personal leave for an injury or illness in respect of which they have consulted a medical practitioner will remain on such leave subject to their entitlements, until such time as they are deemed to be medically fit in accordance with the relevant CASA regulations and/or CARs to resume flying.
(a) Clause 25.6 does not apply to employees engaged in aerial application operations.
[25.6(b) varied by PR738768 ppc 07Mar22]
(b) An employee who becomes ill while on duty away from home base and who is unable to perform further duties, is entitled to:
[25.6(b)(i) varied by PR738768 ppc 07Mar22]
(i) daily travelling allowance up until sign-off in home base, plus reasonable out-of-pocket expenses excluding meals and laundry. If the employee is hospitalised, daily travelling allowance will cease whilst the employee is hospitalised. Reasonable out-of-pocket expenses incurred by the employee while away from home base must be met by the employer;
(ii) accommodation of an appropriate standard (if required);
(iii) transport to and from airport, accommodation or doctor;
(iv) booked travel to home base; and
(v) transport to home or doctor if the pilot requires this on arrival at home base.
[25.6(c) varied by PR738768 ppc 07Mar22]
(c) An employer and an individual employee may agree to the payment of an allowance instead of any or all of the above.
[26 varied by PR763243 ppc 01Aug23]
Parental leave is provided for in the NES.
NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 32—Dispute resolution and/or under section 76B of the Act.
Community service leave is provided for in the NES.
28. Family and domestic violence leave
[28—Unpaid family and domestic violence leave renamed and substituted by PR750409 ppc 15Mar23]
Family and domestic violence leave is provided for in the NES.
NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.
NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.
[Varied by PR747359]
29.1 For the avoidance of doubt:
(a) the minimum wage provided for in this award; and
(b) the entitlement to annual leave in clause 23—Annual leave,
take into account an employee’s entitlement to public holidays in the NES and include compensation for all public holidays provided for in the NES.
[29.2 deleted by PR747359 ppc 14Nov22]
Part 6—Workplace Delegates, Consultation and Dispute Resolution
[Part 6—Consultation and Dispute Resolution renamed by PR774758 from 01Jul24]
29A. Workplace delegates’ rights
[29A inserted by PR774758 from 01Jul24]
29A.1 Clause 29A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.
NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 29A.
29A.2 In clause 29A:
(a) employer means the employer of the workplace delegate;
(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and
(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.
29A.3 Before exercising entitlements under clause 29A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.
29A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
29A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.
29A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 29A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.
29A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility under clause 29A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.
29A.8 Entitlement to reasonable access to training
Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.
(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.
29A.9 Exercise of entitlements under clause 29A
(a) A workplace delegate’s entitlements under clause 29A are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 29A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 29A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 29A.
30. Consultation about major workplace change
30.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:
(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and
(b) discuss with affected employees and their representatives (if any):
(i) the introduction of the changes; and
(ii) their likely effect on employees; and
(iii) measures to avoid or reduce the adverse effects of the changes on employees; and
(c) commence discussions as soon as practicable after a definite decision has been made.
30.2 For the purposes of the discussion under clause 30.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:
(a) their nature; and
(b) their expected effect on employees; and
(c) any other matters likely to affect employees.
30.3 Clause 30.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
30.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 30.1(b).
30.5 In clause 30 significant effects, on employees, includes any of the following:
(a) termination of employment; or
(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or
(c) loss of, or reduction in, job or promotion opportunities; or
(d) loss of, or reduction in, job tenure; or
(e) alteration of hours of work; or
(f) the need for employees to be retrained or transferred to other work or locations; or
(g) job restructuring.
30.6 Where this award makes provision for alteration of any of the matters defined at clause 30.5, such alteration is taken not to have significant effect.
31. Consultation about changes to rosters or hours of work
31.1 Clause 31 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.
31.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 31.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
31.4 The employer must consider any views given under clause 31.3(b).
31.5 Clause 31 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[Varied by PR763243, PR777276, PR778013]
32.1 Clause 32 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
32.3 If the dispute is not resolved through discussion as mentioned in clause 32.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.
32.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 32.2 and 32.3, a party to the dispute may refer it to the Fair Work Commission.
32.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.
32.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.
32.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 32.
32.8 While procedures are being followed under clause 32 in relation to a dispute:
(a) work must continue in accordance with this award and the Act; and
(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
32.9 Clause 32.8 is subject to any applicable work health and safety legislation.
[Note 1 and Note 2 varied by PR763243; deleted by PR778013 from 26Aug24]
[Note inserted by PR778013 from 26Aug24; varied by PR777276 from 27Aug24]
NOTE: In addition to clause 32, the Act contains dispute resolution procedures as follows:
|
For a dispute about rights under the Act to |
Section |
|
Request flexible working arrangements |
65B |
|
Change casual employment status |
66M |
|
Request an extension to unpaid parental leave |
76B |
|
Exercise an employee’s right to disconnect |
333N |
Part 7—Termination of Employment and Redundancy
NOTE: Sections 117 and 123 of the Act set out requirements for notice of termination by an employer. Clause 33.1 requires an employer to give a greater minimum period of notice than that generally required under the NES.
33.1 Notice of termination or payment instead of notice by the employer
(a) Clause 33.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.
(b) The employer must give an employee notice of termination of employment or payment instead of notice as required under sections 117(1) and 117(2) of the Act, except that the minimum period of notice is to be the period specified in column 2 of Table 1—Minimum period of notice according to the period of continuous service of the employee specified in column 1.
Table 1—Minimum period of notice
|
Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given |
Column 2 Minimum period of notice |
|
Not more than 1 year |
2 weeks |
|
More than 1 year but not more than 5 years |
4 weeks |
|
More than 5 years |
4 weeks, or |
33.2 In clause 33 continuous service has the same meaning as in section 117 of the Act.
33.3 Notice of termination by an employee
(a) Clause 33.3 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.
(b) An employee must give the employer notice of termination in accordance with Table 2—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.
|
Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given |
Column 2 Period of notice |
|
Not more than 1 year |
2 weeks |
|
More than 1 year |
4 weeks |
(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.
(b) The time off under clause 33.4 is to be taken at times that are convenient to the employee after consultation with the employer.
33.5 Payments on termination of employment
(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination; and
(ii) all other amounts that are due to the employee under this award and the NES.
(b) The requirement to pay wages and other amounts under clause 33.5(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.
NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving notice.
NOTE 2: Clause 33.5(b) allows the Commission to make an order delaying the requirement to make a payment under clause 33.5. For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.
33.6 Qualification on termination
An employee is entitled to be trained or reimbursed the cost of training to maintain the level required at the commencement of employment, this includes a licence/rating required at the time of termination.
33.7 Accrued days off
Where, at the point of termination, an employee has accrued under clause 33 an entitlement to a day or days off, the employee will receive payment instead of such day or days at the normal rate of salary.
NOTE: Redundancy pay is provided for in the NES. See sections 119–123 of the Act.
(a) Clause 34.1 applies to an employee engaged in aerial application operations or helicopter operations who, because of redundancy, is transferred to new duties to which a lower ordinary rate of pay applies.
(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or
(c) If the employer acts as mentioned in clause 34.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
34.2 Transfer to lower paid duties on redundancy for all other employees
(a) Clause 34.2 applies to an employee who is not engaged in aerial application operations or helicopter operations and who, because of redundancy, is transferred to new duties to which a lower ordinary rate of pay applies.
(b) In clause 34.2 period of notice means the period specified in column 2 of Table 3—Notice of transfer to lower paid duties according to the period of continuous service of the employee specified in column 1.
Table 3—Notice of transfer to lower paid duties
|
Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given |
Column 2 Period of notice |
|
Not more than 1 year |
3 weeks |
|
More than 1 year but not more than 3 years |
6 weeks |
|
More than 3 years |
8 weeks |
(c) In clause 34.2(b) continuous service has the same meaning as in section 117 of the Act.
(d) The employer may:
(i) give the employee notice of the transfer of at least the length of the period of notice; or
(e) If the employer acts as mentioned in clause 34.2(d)(ii), the employee is entitled to be paid at the existing salary rate for the period of notice.
34.3 Employee leaving during redundancy notice period
(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.
(b) The employee is entitled to receive the benefits and payments they would have received under clause 34 or under sections 119–123 of the Act had they remained in employment until the expiry of the notice.
(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.
34.4 Job search entitlement
(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.
(b) If an employee is allowed time off without loss of pay of more than one day under clause 34.4(a), the employee must, at the request of the employer, produce proof of attendance at an interview.
(c) A statutory declaration is sufficient for the purpose of clause 34.4(b).
(d) An employee who fails to produce proof when required under clause 34.4(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 33.4.
Schedule A—Classifications, Minimum Salaries and Additions to Salaries—Airlines/General Aviation
[Varied by PR718864, PR729304, PR740726, PR762155, PR773930]
A.1 Classifications and minimum salaries
A.1.1 Aircraft classification and minimum salaries
[A.1.1 varied by PR718864, PR729304, PR740726, PR762155, PR773930 ppc 01Jul24]
Full-time pilots employed by an airline operation or a general aviation employer must be paid at least the following minimum annual salaries:
|
Classification |
Minimum salary per annum |
|
|
|
Captain |
First Officers Second Pilots |
|
|
$ |
$ |
|
Single engine UTBNI 1360 kg |
53,706 |
46,364 |
|
Single engine 1360 kg–3359 kg |
55,989 |
46,364 |
|
Single engine 3360 kg & above |
65,023 |
50,807 |
|
Multi engine UTBNI 3360 kg |
62,532 |
48,919 |
|
Multi engine 3360 kg UTBNI 5660 kg |
65,023 |
50,807 |
|
Multi engine 5660 kg UTBNI 8500 kg |
68,581 |
52,933 |
|
Multi engine 8500 kg UTBNI 12000 kg |
73,775 |
56,220 |
|
Multi engine 12000 kg UTBNI 15000 kg |
79,294 |
59,863 |
|
Multi engine 15000 kg UTBNI 19000 kg |
86,410 |
64,216 |
|
Multi engine 19000 kg & above—unless otherwise listed |
92,452 |
67,664 |
|
Dash 8 100–15650 kg MTOW |
86,410 |
64,216 |
|
Dash 8 200–16466 kg MTOW |
86,410 |
64,216 |
|
Dash 8 300–19505 kg MTOW |
86,410 |
64,216 |
|
Dash 8 400–28998 kg MTOW |
92,309 |
67,664 |
A.1.2 Larger aircraft classifications and minimum salaries
[A.1.2 varied by PR718864, PR729304, PR740726, PR762155, PR773930 ppc 01Jul24]
Pilots employed on larger aircraft will be paid the following minimum annual salary:
|
Classification |
Minimum salary per annum (full-time employee) |
||
|
|
Captain |
First Officer |
Second Officer |
|
|
$ |
$ |
$ |
|
Fokker 28 |
148,583 |
98,491 |
|
|
CRJ-50 |
148,583 |
98,491 |
|
|
BAe-146 |
160,853 |
106,222 |
|
|
Fokker 100 |
160,853 |
106,222 |
|
|
Boeing 717 |
160,853 |
106,222 |
|
|
Narrow body aircraft |
168,634 |
111,060 |
|
|
Wide body aircraft–single deck |
193,611 |
127,404 |
77,284 |
|
Wide body aircraft–double deck |
218,591 |
143,748 |
87,090 |
A.1.3 Additions to minimum salary
In addition to the minimum salary the following salary components will be paid as applicable.
(a) Flying a piston engine aircraft
[A.1.3(a) varied by PR718864, PR729304, PR740726, PR762155, PR773930 ppc 01Jul24]
A pilot flying a piston engine aircraft engaged on commuter operations will be paid an additional allowance of $1890.04 per annum.
(b) Airline Transport Pilots Licence
[A.1.3(b) varied by PR718864, PR729304, PR740726, PR762155, PR773930 ppc 01Jul24]
A pilot (excluding Fokker-28 pilots) required to hold and exercise the privileges of an Airline Transport Pilots Licence by their company or CASA (or who operates under an exemption from holding that licence) will be paid $6238.17 per annum.
(c) Flying a turbo-prop aircraft
[A.1.3(c) varied by PR718864, PR729304, PR740726, PR762155, PR773930 ppc 01Jul24]
A pilot flying a turbo-prop aircraft will be paid $8231.50 per annum.
(d) Flying a turbo jet aircraft
[A.1.3(d) varied by PR718864, PR729304, PR740726, PR762155, PR773930 ppc 01Jul24]
A pilot (excluding Fokker-28 pilots) flying a turbo jet aircraft will be paid $13,219.97 per annum.
[A.1.4 varied by PR718864, PR729304, PR740726, PR762155, PR773930 ppc 01Jul24]
A.1.4 Pilots (excluding Fokker-28 pilots) who are required to carry out flying using an instrument rating will be paid an additional allowance as follows:
|
Instrument flying rating |
$ per annum |
|
Command or Class 1 |
7560.17 |
|
Co-pilot or Class 2 |
4916.18 |
|
Night VFR or Class 4 |
1890.04 |
A.1.5 A Charter Pilot who is employed under the provisions of this award and who may be required by their employer from time to time to carry out ab-initio flight instruction will be paid the appropriate salary as specified in clause A.1.
A.1.6 First Officer/Second Pilot
A First Officer/Second Pilot will be paid the relevant instrument rating under clause A.1.4 where applicable and in addition 65% of the amounts specified in clauses A.1.3(a), A.1.3(c) or A.1.3(d).
A.1.7 Salaries—flight instruction
The following are additions to the minimum salary provided in clauses A.1.1 and A.1.2 for flight instruction:
(a) On appointment a flight instructor will be paid on the following basis:
[A.1.7(a)(i) varied by PR718864, PR729304, PR740726, PR762155, PR773930 ppc 01Jul24]
Grade III single engine charter
Grade II single engine charter plus $4306.82 per annum
Grade I single engine charter plus $8613.64 per annum
[A.1.7(a)(ii) varied by PR718864, PR729304, PR740726, PR762155, PR773930 ppc 01Jul24]
Grade III multi engine charter
Grade II multi engine charter plus $4306.82 per annum
Grade I multi engine charter plus $8613.64 per annum
[A.1.7(c) varied by PR718864, PR729304, PR740726, PR762155, PR773930 ppc 01Jul24]
[A.1.8 varied by PR718864, PR729304, PR740726, PR762155, PR773930 ppc 01Jul24]
|
Instrument flying rating |
$ per annum |
|
Command or Class 1 |
7560.17 |
|
Co-pilot or Class 2 |
4916.18 |
|
Night VFR or Class 4 |
1890.04 |
A.1.11 A flight instructor not being a CFI who carries out combined functions listed in clauses A.1.9 and A.1.10 will be paid an additional amount at the rate of 7% of their annual salary per annum.
A.1.12 Where a pilot who is engaged in a particular category or classification of work is required to carry out flying duties in a category or classification attracting a higher level of remuneration, the pilot will be paid for all such duties at the applicable higher rate of remuneration for a minimum period of 7 days and will at the same time be entitled to any higher employment benefits applicable to that category.
|
School rating |
% of salary |
|
Private |
6 |
|
Commercial |
8 |
|
Instrument |
10 |
|
Instructor |
15 |
The above amounts relate to pilot, supervisory and CASA regulations specified duties. These rates are viewed as being the minimum payable and offer the opportunity for negotiation between the CFI and the employer for further remuneration for other managerial functions.
A.1.14 Salaries—general provisions
The following additions to salary, as specified in clauses A.1.1, A.1.2 and A.1.4 will apply to all pilots, other than those engaged as flight instructors.
Where the pilot designated is responsible for:
|
|
% of salary |
|
|
|
10 pilots or less |
11 pilots or more |
|
Training pilot |
5 |
6 |
|
Pilot who is designated as Senior Pilot |
5 |
6 |
|
Check pilot |
7 |
8 |
|
Check and training pilot |
8 |
10 |
|
Pilot who is designated as Chief Pilot |
8 |
10 |
|
Pilot who is a check and training pilot and is designated as Chief Pilot |
10 |
12 |
|
Pilot who is a check and training pilot and is designated as Senior Pilot |
10 |
11 |
Schedule B—Classifications, Minimum Salaries and Additions to Salaries—Regional Airlines
[Varied by PR718864, PR719017; corrected by PR726107; varied by PR729304, PR729489, PR740726, PR740894, PR762155, PR762319, PR773930, PR774101]
Despite anything else contained in this award, the following clauses in Schedule B will apply to all employers who are regional airlines and pilots employed by regional airlines.
B.1 Minimum salaries
[B.1.1 varied by PR718864; corrected by PR726107; varied by PR729304, PR740726, PR762155, PR773930 ppc 01Jul24]
B.1.1 Full-time pilots employed by regional airlines must be paid the following annual salaries:
|
|
Minimum salary per annum |
|
|
|
Captain |
Co-pilot |
|
|
$ |
$ |
|
Group 1 |
|
|
|
Cessna 206 |
61,169 |
|
|
Cessna 207 |
61,169 |
|
|
Cessna 210 |
61,169 |
|
|
Group 2 |
|
|
|
Aero Commander 500 |
67,777 |
|
|
Beechcraft 55 |
67,777 |
|
|
Beechcraft 58 |
67,777 |
|
|
Britten Norman BN2 |
67,777 |
|
|
Cessna 310 |
67,777 |
|
|
Cessna 337 |
67,777 |
|
|
Cessna 402 |
67,777 |
|
|
Cessna 414 |
67,777 |
|
|
Partenavia P68 |
67,777 |
|
|
Piper PA23 |
67,777 |
|
|
Piper PA30 |
67,777 |
|
|
Piper PA31 |
67,777 |
|
|
Piper PA34 |
67,777 |
|
|
Piper PA60 Aerostar |
67,777 |
|
|
Group 3 |
|
|
|
Beechcraft 65 |
70,081 |
|
|
Cessna 404 |
70,081 |
|
|
Cessna 421 |
70,081 |
|
|
Aero Commander 680 |
70,081 |
|
|
Group 4 |
|
|
|
Cessna 441 |
75,051 |
|
|
Nomad N22 |
75,051 |
|
|
Nomad N24 |
75,051 |
|
|
Aero Commander 690 |
75,051 |
|
|
Group 5 |
|
|
|
Beechcraft 200 |
85,128 |
61,644 |
|
Swearingen 226 |
85,128 |
61,644 |
|
Swearingen 227 |
85,128 |
61,644 |
|
De Havilland 6-100 |
85,128 |
61,644 |
|
De Havilland 6-200 |
85,128 |
61,644 |
|
De Havilland 6-300 |
85,128 |
61,644 |
|
Casa 212 |
85,128 |
61,644 |
|
Embraer 110 |
85,128 |
61,644 |
|
Group 6 |
|
|
|
Jetstream 31 |
87,433 |
62,404 |
|
Beach 1900 |
87,433 |
62,404 |
|
Metro 23 |
87,433 |
62,404 |
|
Group 7 |
|
|
|
Cessna 550 |
90,909 |
63,418 |
|
McDonnell Douglas |
90,909 |
63,418 |
|
DC3 |
90,909 |
63,418 |
|
Shorts SD-330 |
90,909 |
63,418 |
|
Shorts SD-360 |
90,909 |
63,418 |
|
Mohawk |
90,909 |
63,418 |
|
Group 8 |
|
|
|
Saab-Fairchild |
97,050 |
66,512 |
|
340 A |
97,050 |
66,512 |
|
Group 9 |
|
|
|
De Havilland |
104,770 |
70,460 |
|
Dash 8-100, 102, 200 and 300 |
104,770 |
70,460 |
|
ATR 42-300 |
104,770 |
70,460 |