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In a disappointing decision for ASU Airlines Members, Fair Work Australia (FWA) handed down a decision on 26 February refusing to make modifications to the Airline Operations Ground Staff Award 2010 (the modern Airlines Award).
The decision is in the face of a request by the Deputy Prime Minister to FWA to look at a structure in this Award that acknowledged the 3 levels of operation – regional, domestic and overseas carriers. This decision is a slap in the face for ASU members in airlines. It lowers the Award safety net to an unrecognisably low level and eliminates long held allowances.
However this is not the end- while the legal avenue through the FWA might be closed we can still safeguard our pay and conditions on the ground- through organising our workplaces and the workplaces of our airlines colleagues.
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IF YOU WANT TO BE PART OF THE ONGOING FIGHT TO MAINTAIN OUR STANDARDS PLEASE REGISTER YOUR NAME- EMAIL
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How did this happen?
In June 2008 the Australian Industrial Relations Commission (AIRC), the predecessor to Fair Work Australia, was asked by the Federal Government to review and “modernise” all State and Federal Awards. This is known as the “Award modernisation” process.
Airline unions including the ASU worked closely together and put a joint submission to the AIRC. We told the AIRC that the appropriate Award classifications were a combination of what already existed.
The employers, led by the Australian Industry Group (AIG) and Qantas, proposed drastic cuts to the Overseas Airlines and Domestic Airlines Award rates and the removal of our allowances. The ASU opposed this vicious attack by the employers which they persisted with during two hearings about the modern Award in 2009.
The AIRC handed down a final decision about the modern Award in September 2009 which significantly cut rates and conditions. Rates of pay in the Overseas Airlines Award were cut by between $76.23 and $301.56 per week. Transport Allowance, Social Disability Allowance and the Tropical Zone Allowance were also eliminated.
DPM intervenes
In response to this unacceptable modern Award, ASU members and delegates lobbied Federal Labor MPs and the Deputy Prime Minister asking her to intervene on behalf of ASU members, requesting the AIRC go back and review the new rates.
Our lobbying was successful and on 12 November 2009 the Deputy Prime Minister amended her request and asked the AIRC to undertake a review.
The ASU put further submissions to the AIRC. Again the employers, led by Qantas and AIG, vigorously opposed our submissions.
And for the second time Fair Work Australia (FWA – the new name for the AIRC) has supported the employers.
Why?
The decision of FWA is not appealable despite errors in the decision. They say Qantas is Award free (wrong!) and that the allowances they took off us were not in our Awards (also wrong!). This decision is a disgrace. Our safety net has been lowered and it is because of the government’s Award modernisation process.
What does this mean?
If you are covered by an agreement: (like Menzies, Singapore or Qantas) there is no change in your conditions of employment- your agreement carriers on even after it expires. However when these agreements are up for negotiations- with a lower safety net- there is no doubt that employers will try to fight any increase in rates of pay. We need to be prepared and organised in the lead up to negotiations. We need to have strength in numbers.
If you are not covered by an agreement: (like some overseas airlines) the Modern Award will apply. However changes to your rates of pay won’t come into effect until July this year. If you are affected and it looks like you might lose pay- there are mechanisms under law (called take home pay orders) that can protect your income.
However the best way to secure pay and conditions is to have a union agreement in place. If you aren’t not covered by an agreement and would like to talk about getting an agreement in your workplace please contact Lauren Hutchins on 02 9310 4000 or via email
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Please spread the word to your colleagues who might not be members of the ASU- the more aware airlines workers are the more prepared we can be should employers seek to use the Modern Award.
Your ASU organisers will be holding meetings across various workplaces to discuss the impact of the Modern Award. If you would like a meeting in your workplace or have any questions please contact Lauren Hutchins on 02 9310 4000 or via email
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