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

4 yearly review of modern awards—Air Pilots Award 2020
(AM2018/14)

4 yearly review of modern awards – Air Pilots Award 2020 – substantive issues – variation to Schedule E.

Background

[1] On 21 February 2020, this Full Bench issued a decision varying Schedule C of the Air Pilots Award 2010 (2010 Award). 1 The decision followed a claim from the Australian Federation of Air Pilots (AFAP) for the variation of Schedule C “to ensure all air pilots to whom the award applies have a minimum rate set by the award”.2 Specifically, following agreement from the parties, a new “Group 10 (turbo jet aircraft)” was inserted in clause C.1.1.

[2] On 14 February 2020, a differently-constituted Full Bench in AM2019/17 issued a determination finalising the Air Pilots Award 2020 (2020 Award). 3 The 2020 Award became operative on 4 May 2020 and a determination/correction subsequently was issued on 30 April 20204 to incorporate those changes made to clause C.1.1 (now B.1.1) arising from this Full Bench.

[3] It has recently come to this Full Bench’s attention that a variance now exists between changes made to aircraft names in clause B.1.1 (salaries for full-time pilots employed by regional airlines) and clause E.2.2 (casual regional airline employee rates) in the 2020 Award.

[4] On 15 September 2020, correspondence was sent to interested parties and published on the Commission’s website 5 advising it was the provisional view of the Full Bench that the Group 10 (turbo jet aircraft) should be added to the table at clause E.2.2 to provide for casual regional airline employee rates for pilots operating these specific aircrafts. Parties were invited to comment on our provisional view.

Submissions

[5] In its submission, Qantas Group 6 agreed with the Full Bench’s proposal to include the Group 10 (turbo jet aircraft) in clause E.2.2 of the 2020 Award. Qantas Group also submitted that other aircraft types had been added to clause B.1.1 as part of the 4 yearly review which were also not reflected in clause E.2.2 and that these should now be included:

•  Group 3 – Aero Commander 680;

•  Group 4 – Aero Commander 690; and

•  Group 9 – Dash 8-100, ATR 42-300 and Fokker 50. 7

[6] Qantas Group further submitted that, to maintain consistency with clause B.1.1, the reference in clause E.2.2 to “Dash 8-30” should be to “Dash 8-300”. 8

[7] The submission from Qantas Group was supported by AFAP 9, Regional Aviation Association of Australia10 and Alliance Airlines11.

Consideration and next steps

[8] It is our provisional view that the amendments set out above at paragraphs [5] and [6] be included in Schedule E of the Award. We consider that this will achieve the modern awards objective set out at s.134(1) of the Fair Work Act 2009.

[9] A draft variation determination reflecting this decision is attached (see Attachment A). Parties are requested to provide any comment on the contents of the draft determination by no later than 4.00pm on Wednesday, 11 November 2020. Any submissions are to be directed to amod@fwc.gov.au.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR723652>

ATTACHMENT A

MA000046  PRXXXXXX

DRAFT DETERMINATION

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

4 yearly review of modern awards
(AM2018/14)

AIR PILOTS AWARD 2020
[MA000046]

4 yearly review of modern awards – Air Pilots Award 2020 – substantive issues – variation to Schedule E.

A. Further to the decision [[2020] FWCFB 5555] issued by the Full Bench of the Fair Commission on 4 November 2020, the Air Pilots Award 2020 is varied as follows:

1. By deleting the table appearing at clause E.2.2 and inserting the following:

	Per flying hour
	1/800th of annual rate + 25% loading
	$
Group 1	Cessna 206; Cessna 207 and Cessna 210
Captain	79.85
Group 2	Aero Commander 500; Beechcraft 55; Beechcraft 58; Britten Norman BN2; Cessna 310; Cessna 337; Cessna 402; Cessna 414; Partenavia P68; Piper PA23; Piper PA30; Piper PA31; Piper PA34 and Piper PA60 Aerostar
Captain	88.48
Group 3	Beechcraft 65; Cessna 404; Cessna 421; and Aero Commander 680
Captain	91.49
Group 4	Cessna 441; Nomad N22; Nomad N24; and Aero Commander 690
Captain	97.98
Group 5	Beechcraft 200; Swearingen 226; Swearingen 227; De Havilland 6-100; De Havilland 6-200; De Havilland 6-300; Casa 212 and Embraer 110
Captain	111.14
Co-pilot	80.48
Group 6	Jetstream 31; Beach 1900 and Metro 23
Captain	114.14
Co-pilot	81.46
Group 7	Cessna 550; McDonnell Douglas; DC3; Shorts SD-330; Shorts SD-360 and Mohawk
Captain	118.68
Co-pilot	82.79
Group 8	Saab-Fairchild and 340 A
Captain	126.70
Co-pilot	86.83
Group 9	De Havilland; Dash 8-100, 102, 200 and 300; ATR 42-300; and Fokker 50
Captain	136.78
Co-pilot	91.99
	Dash 8-400
Captain	146.15
Co-pilot	98.24
Group 10 (turbo jet aircraft)	Fokker 70 and Fokker 100; Bae-146 and Embraer 190/195
Captain	209.99
Co-pilot	138.66
	Airbus A319; Airbus 320; Boeing 737-300 and Boeing 737-400
Captain	220.15
Co-pilot	144.99

B. This determination comes into operation on XX MONTH 2020. In accordance with s.165(3) of the Fair Work Act 2009, this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after XX MONTH 2020.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

 1   [2020] FWCFB 929.

 2   Submission from AFAP, 26 March 2019 at [1].

 3   [2020] FWCFB 690.

 4   PR717518.

 5   Correspondence from Fair Work Commission, 15 September 2020.

 6   Submission from Qantas Group, 21 September 2020.

 7   Ibid.

 8   Ibid.

 9   Submission from AFAP, 22 September 2020.

 10   Submission from Regional Aviation Association of Australia, 24 September 2020.

 11   Submission from Alliance Airlines, 24 September 2020.