MA000046  PR716763

The attached document replaces the document previously issued with the above code on 14 February 2020.

Clause 16.6(v) of item A.1 amended to correct error by inserting the word “bond” after the words “over the term of the training”.

Associate to Vice President Catanzariti

11 March 2020

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards—Air Pilots Award 2010
(AM2018/14)

AIR PILOTS AWARD 2010
[MA000046]

4 yearly review of modern awards – Air Pilots Award 2010 – substantive issues – training bonds.

A. Further to the decision issued by the Full Bench of the Fair Work Commission on 14 February 2020 [[2020] FWCB 817] the Air Pilots Award 2010 is varied as follows:

1. By inserting clause 16.6 as follows:

16.6 Training bonds

(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 two (2) years for piston engine/turbo prop aircraft and three (3) years for jet aircraft.

(iv) The training bond amount cannot exceed fifty per cent (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 subclause (viii), the pilot’s employment is terminated for serious misconduct.

(viii) No amount can be recovered in the case of redundancy, loss of medical licence by the pilot, termination of employment by the employer (except where the termination is because of serious misconduct and there is no later finding by a court or tribunal, or acceptance by the employer, that the employee did not engage in the serious misconduct on which the termination was based) or where the pilot fails the training course.

(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).

B. This determination comes into operation from 21 February 2020.

VICE PRESIDENT

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