Air Pilot No. 1 | 2016

NO. 1 | 2016

Glass Skies, IFALPA, Pilot Health

The Journal of the Australian Federation of Air Pilots

AIR PILOT CONTENTS// 2

president’s view

FEATURES 3 IFALPA CONFERENCE 2016 The Journal of the Australian Federation of Air Pilots

18

18 GLASS SKIES

NO. 1 | 2016

REGULARS

EDITORIAL STAFF

5 LEGAL - TERRORISM

Co-Editors: David Stephens and Emma Young Assistant Editor: Serena Seyfort Production Editor: Peter Coen Contributors: David Booth, Deanna Cain, Marcus Diamond, David Kelly, Cate Larkins, Patrick Larkins, James Lauchland, Simon Lutton, Simon Miller, Andrew Molnar, Serena Seyfort, Julian Smibert, David Stephens, Joseph Wheeler, Emma Young.

8 THE WOMEN’S NETWORK

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26 Technically Speaking 29 hims 30 ATSB REPORT 31 MBF

Printed by: Paterson Press (Tripart Marketing Pty Ltd) Designed by: Emma Young, Art production by: Art Help.

33 PILOT HEALTH 34 hims 35 short sectors

AUSTRALIAN FEDERATION OF AIR PILOTS 4/132-136 ALBERT RD SOUTH MELBOURNE VIC 3205 T +61 3 9928 5737 F +61 3 9699 8199 admin@afap.org.au

11 WELFARE

36 map

30

37 membership news

council reports

www.afap.org.au

4 tigerair COUNCIL SEND TO AIR PILOT Email emma@afap.org.au if you would like to contribute to Air Pilot.

6 Virgin council

3

10 EASTERN COUNCIL 12 National COUNCIL

All suggestions, ideas, articles and advertisements are welcome.

15 helicopter council

The deadline for the next edition is 4 November 2016.

24 COBHAM COUNCIL

23 sunstate council 27 jetstar council 28 REX COUNCIL

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The views expressed in this magazine in any article, letter or advertisement are not necessarily those of the Australian Federation of Air Pilots.

AIR PILOT reserves the right to reject any advertisement it deems not to be in good taste or adverse to air pilots, the AFAP, its interests or policies.

The attention of advertisers is drawn to the section of the Trade Practices Act 1974 and the provisions in the Act which apply to advertising. It is not possible for the Federation or Publisher to ensure that advertisements which are published in this magazine comply in all respects with the Act and the responsibility must therefore be on the person, company or advertising agency submitting the advertisement for publication.

All original material produced in this magazine remains the property of the publisher and cannot be reproduced without authority. No responsibility is accepted for incorrect information contained in advertisements or editorial.

AFAP PRINCIPAL OFFICERS// President, Capt David Booth (Virgin Australia)

VP Admin & Finance, Capt Louise Pole (Sunstate)

VP Membership, Capt Ben Bollen (Jetstar)

Technical Director, Capt Peter Gardiner (Jetstar)

Senior Trustee, Capt George Brown (Sunstate)

Trustee, Capt John Absolon (Virgin Australia)

Trustee, Capt Bryan Murray (Virgin Australia)

AFAP STAFF// Executive Director, Simon Lutton

Operations Manager, Joanne Janes

Senior Industrial Officer, Deanna Cain

Senior Industrial Officer, David Stephens

Senior Industrial Officer, Patrick Larkins

Legal Counsel, Andrew Molnar

Aviation Legal Counsel, Joseph Wheeler

Industrial Officer, James Lauchland

Industrial Officer, Cate Larkins

Industrial Advisor, David Kelly

Industrial Advisor, Simon Miller

Marketing & Comms Manager, Emma Young

Marketing & Comms Assistant, Serena Seyfort

Safety & Technical Consultant, Captain Marcus Diamond

Safety & Technical Consultant, Julian Smibert

Office Manager, Ray Aspinall

Membership Officer, Sophie Leonards

Finance Officer, Lennie Kovac

NO. 1 | 2016

1

the

President’s View//

Captain David Booth Dear Members,

2016 is proving to be a very busy and significant year for your Federation. We are working on a number of fronts to continually improve and coordinate our services to you.

We recently held a meeting with our welfare representatives from each pilot council at our new Brisbane office. The training included a psychologist from our successful Membership Assistance Program (MAP) who addressed the volunteers on the second day of the training.

Thank you to Cate Larkins who coordinated the meeting and everyone who made the time to attend this very worthwhile event. A follow-up meeting of our council welfare representatives is already being planned for later in the year.

A great deal has been happening in our safety and technical area. Most notably we held a Fatigue Management Workshop in Melbourne on 1 and 2 June 2016. The workshop was facilitated by Dr Adam Fletcher, a world renowned expert on fatigue management and FRMS. We also have a number of special guest speakers lined up. Fatigue management and FRMS is currently our number one priority within the safety and technical portfolio. We also recently sent safety and technical staff and representatives to Montreal to participate in ICAO and operator forums on the topic.

Industrially it has been as busy as ever. Of special note is the activity within the Rex council. After a period of protected industrial action, an in-principle agreement was finally reached on a new collective agreement only to be delayed over drafting issues. I commend the Rex pilot group and representatives for their unity and patience in very trying circumstances. We are also currently engaged in court action over a letter which Rex sent to cadets which we believe to be unlawful. When it comes to cadets there is a small picture and a big picture. The small picture is the letter which Rex sent which will be resolved via court processes. The larger picture is the need to ensure fair and equitable training paths for young pilots. This is an area which you can expect to see a greater focus on from your Federation in the near future.

On a final note I wish to express my thanks to John MacDonald who recently advised that he is stepping down from his part time safety and technical role for personal reasons. John is a retired Qantas pilot and his contribution to our expanding safety and technical department has been significant and very much appreciated. John is a gentleman who has always been above the politics and acted in the best interests of all pilots. Thank you John for your valuable contribution.

I hope you enjoy this edition of AIR PILOT. Yours sincerely

Captain David Booth

2

Air Pilot

Simon Lutton, AFAP Executive Director Each year IFALPA holds an annual conference bringing together hundreds of pilot representatives from all around the world. This year the IFALPA conference was held from 15 to 18 April 2016 in New Orleans.

The AFAP is a founding member of the International Federation of Airline Pilots A s s o c i a t i o n s ( I FA L PA ) .

Amongst other things, IFALPA is the body which provides technical input from a pilot’s perspective into ICAO and other regulatory bodies. IFALPA is based in Montreal and is widely known as “the global voice of pilots”.

The structure of IFALPA allows for only one vote carrying “member association” per country. For Australia, the member association i s “ Au s A L PA ” .

Au s A L PA i s a partnership between the Australian Federation of Air Pilots (AFAP) and our colleagues at the Australian and International Pilots Association (AIPA). While we occasionally disagree on the industrial front it is clear that from a technical and IFALPA perspective our partnership with AIPA is only growing stronger.

Ideally, it may be the platform on which to again form one pilot union in Australia.

T h e A u s A L PA c o n t i n g e n t at the 2016 New Orleans IFALPA Conference consisted of Matt Nielsen (AFAP Helicopter Council Chair), Rod Aldridge (AFAP Virgin Council Chair), Marcus Diamond (AFAP Technical Consultant), Simon Lutton (AFAP Executive Director), Nathan Safe (AIPA President), Adam Susz (AIPA Treasurer/Secretary) and Shane Loney (AIPA Technical Director). Captain Mike Davidson from AIPA also attended in his capacity as a Committee Chair

NO. 1 | 2016

and Regional Vice-President. The chief delegate for AusALPA is rotated each year and this year it was our turn with Matt Nielsen fulfilling the duties.

note that AusALPA is active in almost all committees and has a range of elected officials within the IFALPA structure.

IFALPA holds a Global Pilot Symposium (GPS) on the day before the IFALPA Conference. This year the GPS provided speakers on and held panel discussions covering:

I FA L PA i s a l s o b ro ke n down by region and during the conference. AusALPA is part of the Asia-Pacific region and the regional committee meetings provide a forum for us to network and collaborate with other pilot associations in the region (as well as worldwide).

• •

•

•

“A Profession in Demand” – discussing global recruitment trends and anticipated pilot demand; Labor-Management Relationships” – exploring how to develop and maintain constructive relationships with management; “Recurrent Leadership Training for Pilots” – detailing the skills required of modern pilot representatives and how to develop them; and “Pilots Helping Pilots” – demonstrating how assistance programs such as CIRP and HIMS can provide tangible benefits to pilot groups and airlines using minimal costs and resources.

During the conference there were worthwhile presentations and discussions on a range of other technical topics, including fatigue management, drones and atypical employment trends.

IFALPA is broken into a range of technical committees covering: • • • • • • • • •

Professional and Government Affairs: Human Performance; Legal and Security; Accident Analysis and Prevention; Aerodrome and Ground Environment; Aircraft Design and Operation; Helicopters; Air Traffic Services; Membership and Finance.

I t i s t h i s n e t wo r k o f worldwide pilot associations which enables us to assist members when and if they have an incident in a foreign port or jurisdiction. We also reciprocate this assistance when the member of an I FA L PA a f f i l i a t e h a s a n incident in Australia.

In addition to the annual conference, there are separate regional and committee meetings held during the year.

This year AusALPA will be hosting both the Asia-Pacific Re g i o n a l I FA L PA m e e t i n g and the IFALPA Helicopter Committee meeting.

If you would like more information on the IFALPA conference or are interested in getting involved in the va r i o u s I FA L PA te c h n i c a l committees, please contact Marcus Diamond on technical@afap.org.au.

Over the course of the conference these committees meet and various committee chairs and other positions are elected. It is particularly pleasing to

3

TIGERAIR

Pilot Federation

Tigerair Update Virgin Australia’s recent decision to transfer three B737 VAI aircraft onto Tigerair’s own AOC to undertake services to Bali, and have Tiger pilots operate these aircraft, is a key issue for the Tigerair Pilot Federation (TPF). It is expected that this arrangement will commence sometime over the next 12 months after Tigerair have obtained all of the necessary regulatory approvals.

This arrangement will bring a b o u t we lc o m e o p p o r t u n i t i e s for Tigerair pilots, however in the interim there are a number of outstanding matters that the TPF will be working through with the Company, including the upgrade criteria for Tiger pilots accessing these B737 commands and any b o n d i n g / f r e e z e a r r a n ge m e n t s a s s o c i a t e d w i t h T i ge r p i lo t s obtaining a B737 endorsement.

Integration with the Virgin Group T h e t ra n s fe r o f t h e t h re e B737 aircraft and Bali flying to Tiger potentially breaches the job security provisions of the Virgin Short Haul EBA. To avoid legal action to enforce the job security

4

provisions, Virgin and the unions have been discussing a proposal to integrate Tigerair pilots onto the Virgin Group List.

The primary concern to the TPF is that Tigerair pilots retain all existing rights to commands and other internal opportunities at Tigerair.

The TPF also recognise that integration onto the Virgin Group List greatly expands the career opportunities for Tigerair pilots. While opportunities to access desirable Virgin Group positions may not occur for several years, integration would mean Tigerair pilots will in future have access to any position across the Virgin Group, which would greatly benefit the long term career of Tigerair pilots.

Accordingly, subject to approval by a majority of Tigerair pilots, the TPF have submitted to Tigerair an integration proposal featuring the following: • • • •

Tiger pilots receive a group date of joining (GDOJ) of 8 April 2016; Tiger pilots are added to the bottom of the Virgin GDOJ in order of the current Tigerair seniority list (no re-ordering); Tiger pilots on the seniority list as at 8 April 2016 have priority for all positions (including commands, type transfers, base transfers etc) at Tigerair ahead of other Virgin Group pilots and Tiger pilots cannot be displaced from their position (base, rank or type) as a result of redundancies elsewhere in the Virgin Group (e.g. VAI, VAA, VANZ or VARA).

As you will see from the proposal above, Tigerair pilots will out bid any other Virgin Group pilot for positions at Tigerair.

The proposal would require the support of the Virgin Pilot Federation and the Company before it could be formally approved. Discussions between the AFAP TPF and VPF have been ongoing and will continue in order to find a mutually agreeable position.

Tigerair has emphasised that the Bali B737 operation presents an opportunity for further growth of Tigerair over the coming years. The TPF representatives are committed to working with the Company to expand the operation in a way that enhances career progression for Tigerair pilots and are hopeful of a formal integration arrangement in the coming months.

Air Pilot

Who owns the airspace & HOW DO WE PROTECT IT FROM

afap Legal

AERIAL ATTACK? Joseph Wheeler, AFAP Aviation Legal Counsel

The question of what international law permits nations to do to protect its borders and keep aviation safe from aerial attack is a vexed one. In reality international law provides only part of the solution and in fact may be partially causative of the problem.

The International Convention on Civil Aviation (Chicago Convention) codifies certain customary international law principles, such as complete and exclusive airspace sovereignty, and pursuant to Article 2 would seem to make it clear that a country can control its airspace as long as this includes “land areas and territorial waters adjacent thereto …” which are controlled by the country. Under Article 9 of the Convention states can also demarcate prohibited, restricted and danger zones at their discretion, providing this is done for military necessity or public safety.

There are definitions elsewhere in the Chicago Convention and in the United Nations Convention on the Law of the Sea which indicate that “territorial waters” as described in Article 2 only include a distance of 12 nautical miles from the low water line along a country’s coast.

Air Defence Identification Zones (ADIZs) are, strictly, speaking not within the territorial sovereignty of the relevant country unless one is referring to the part that is within 12 nautical miles of the shore. This means countries cannot typically unilaterally exclude others or control behaviour (in airspace) within such zones. As those who fly to Los Angeles will know all too well, some states tend to ignore these points of law in the name of national defence. The US and Canada established the ADIZ after the September 11, 2001 terrorist attacks.

The problem with ADIZs, and actions like them, is that they sometimes either motivate

NO. 1 | 2016

purposeful attacks on civilian airliners, or precipitate mistaken attacks on such aircraft which are otherwise peaceably transiting disputed territory. The MH17 situation demonstrates how the simple act of multiple states claiming control over the same airspace (as Russia and Ukraine d i d d u r i n g t h e d i s p u t e ove r Crimea) can precipitate dangerous circumstances for transiting passenger aircraft.

In a SIB released on 3 April 2014 the situation in Ukraine was described as a “serious risk to the safety of international civil flights” and EASA advised airlines to avoid the airspace of the Simferopol FIR and circumnavigate it. As we know, the ongoing conflict on the ground in this region ended in disaster on 17 July 2014 when a B777 of Malaysia Airlines was either purposefully or mistakenly downed over Ukraine in this risky region.

The MH17 incident is still fresh in people’s memories but it pays to remember the many others which preceded it, including in 1954 the Cathay Pacific aircraft enroute from Bangkok to Hong Kong which was fired at by Chinese fighter interceptors, without warning. In 1983 Soviet forces shot down a Korean Airlines passenger B747 (flight KAL007) flying from N e w York to Seoul. Also, an Iran Air A300 flying from Tehran to Dubai in 1988 was shot down by a US guided missile cruiser, the USS Vincennes, among others.

After KAL007 a new provision

of the Chicago Convention

was adopted

by ICAO

in 1985. Article 3bis unanimously recognised that “every State must refrain from resorting to the use of weapons against civil aircraft in flight.” Surprisingly, there was no explicit rule in that vein prior to these tragic events although it was believed to be a principle of international law that it is prohibited to use weapons against civil aircraft in flight. No case has proceeded to final decision in the International Court of Justice regarding aerial shoot down events, all settling after the initiation of proceedings.

The need to protect airspace from aerial incursions from terrorist or enemy forces brings to sharp relief some of the limits of international law. On one hand sovereignty is required to control and define dangerous airspace, but territorial disputes which result in states taking action to “mark” their sovereignty, can also lead to arguable abuses like assuming unilateral control of airspace. This can lead to dangerous areas that bring the threat of conflict which could affect innocent passage by airliners.

Eternal vigilance is the only way to protect against becoming the collateral damage of someone else’s war.

5

Virgin

Pilot Federation

VIRGIN SHORT HAUL The Narrow Body EBA negotiations are progressing slowly. The parties have tabled their respective claims, however, the ‘argy-bargy’ is yet to begin.

The Company’s claims include significant changes to work rules and considerable concessions to existing job security provisions, which are simultaneously alarming and unsurprising.

Despite currently operating to its own FRMS, the upcoming shift in the regulatory regime from CAO48 to CAO48.1 will have substantial implications for Virgin. Like all AOC holders, Virgin must adopt either the prescriptive rule set (Appendix 2) or apply for its own FRMS under Appendix 7.

The Company seeks closer alignment with CAO 48.1 where it is more operationally beneficial, including less restrictions around rostering consecutive early morning duties and expanded FDP limitations. To address these claims the AFAP will work closely with our Safety and Technical team, which has considerable expertise in fatigue management.

The AFAP’s claims predominately seek to improve pilot’s lifestyle and address fatigue rostering practices such as ETOG and excessive positioning. Consistent with the feedback from our EBA member surveys, our approach has been to pursue a responsible approach to the negotiations, seeking to defend what pilots currently have, not presenting a large ambit of claims that would lead to a protracted negotiation process.

Despite our best intentions, given the delay in receiving the full extent of the Company’s claims, it seems unlikely the negotiations will conclude before the July pay rise.

E190 Earlier this year the Company confirmed the sale of five E190 aircraft and that the remainder of the E-Jet fleet were under ‘active review.’ While the Company remains tight lipped about the future for the E190 fleet at Virgin, the AFAP can see that this is the beginning of a plan to decommission the entire E190 fleet.

This uncertainty has been extremely concerning and frustrating for our members.

We have insisted that the Company commit to ongoing consultation with the unions. Through this process the AFAP will explore all options to mitigate any possible hardship and ensure continued employment for affected pilots.

VAI B737 OPERATION The business’ recent decision to transfer the B737 Denpasar flying onto the Tigerair AOC and to have Tiger pilots operate these aircraft, contrary to the existing job security provisions in the Virgin Short Haul Agreement, has also consumed much of AFAP staff and pilot representatives time.

The AFAP expressed our concern to senior Virgin 6

management, including the potential for Federal Court action to address the breach, unless the Company were prepared to engage in meaningful discussions with the unions about a negotiated solution under the EBA. The AFAP made it clear that we would need to be satisfied that the job security and career opportunities for Virgin pilots would not be threatened and/or diminished by the Tigerair B737 Denpasar arrangement.

A meeting was convened with Virgin Executive Management, including CEO John Borghetti.

As a result, contrary to previous strong resistance, a potential integration with the Tiger pilots has now received in-principle support from Virgin Executive Management.

The details of integration with the Tiger pilots are still being worked through and would ultimately require the support of both pilot groups.

WIDE BODY EBA NEGOTIATIONS The AFAP has been negotiating a Wide Body EBA to apply to both A330 and B777 pilots over the past 14 months since Virgin’s decision to move away from Long Haul (International) and Short Haul (Domestic) EBAs. The premise of negotiations is that Virgin requires a single Wide Body EBA and work rules to approach the Board to order a replacement Wide Body fleet in approximately 2022.

Progress towards concluding a Wide Body EBA has been exasperatingly slow.

The AFAP’s position asks the Company to identify the specific work rules changes it seeks for the A330. We believe the Company’s primary motivation is finding cost savings and productivity efficiencies for the A330.

The AFAP has been prepared to consider specific changes to work rules in exchange for a credit system that provides a genuine cost incentive to the business to roster pilot’s efficiently and pilot’s lifestyles.

Disturbingly, the Company has indicated it is seeking to transition A330 pilots onto a set of work rules it has drafted to apply to single Wide Body fleet. This draft is based on a hybrid of the Long Haul pilot work rules and CAO48.1, not recognising the current A330 work rules designed to offer fatigue protections for domestic flying. It effectively wipes the slate clean on work rules for A330 pilots.

The Company argue it’s focused on moving towards a single set of simplified work rules prior to the arrival of any replacement type. This position raises significant concerns for the AFAP who have expected to retain separate work rules for the A330 while it continues to operate.

Further, given that any replacement type is not due until the mid-2020s, the AFAP is struggling to reconcile why there is such a strong push for single wide body fleet work rules. The uncertainty about any route structure and the implications of CAO 48.1 also makes it hard to develop any meaningful set of work rules that will ensure pilots are not conducting flights whilst fatigued. The complicated nature of these work rules will appear to take a significant amount of time to initially draft, let alone negotiate with the Company.

Air Pilot

The Company indicated they had no timeframe for the negotiations concluding. The AFAP has grave concerns about when an agreement may be voted on.

VARA UPDATE Virgin has announced a review of the ATR fleet and underperforming routes. As a result, the Company has already decided to withdraw ATR services from the Emerald route given the significant and unsustainable losses on that route over the past number of years.

The Company recently sought AFAP consent to wet lease the ATR flying on the Emerald route to Alliance Airlines utilising Alliance Fokker 70 aircraft. The engagement of Alliance to operate the route on a wet lease basis enables Virgin to retain the resources port on the Virgin Australia domestic network, and not cede the market to a competitor.

The business also expects to achieve greater revenue under a wet lease arrangement, as the Fokker 70 jet aircraft will have more competitive trip times than the ATR (and longer ATR trip times have been cited by key corporate customers as a reason for choosing the competitor).

The Company emphasised that refusal of the wet lease arrangement would not result in flying being retained on the ATR, but would simply reduce the revenue available to the Group. The Company would be left to operate a code share agreement (whereby it receives a small fixed amount of each ticket sold) as opposed to a wet lease whereby the Group retains any revenue after paying the fixed wet lease costs to Alliance.

The AFAP ATR Pilot Committee discussed our position on consenting to the wet lease arrangement following seeking members’ feedback. After lengthy deliberations the AFAP ATR Committee unanimously agreed to the wet lease arrangement subject to a number of conditions as part of a binding Deed between the Company and the AFAP. The AFAP were able to secure the Company agreement to remove psychometric testing of ATR pilots transferring to

NO. 1 | 2016

other parts of the Group from June 30 2017 and resolution of rest requirements required when pilots return from international simulator duty.

This was a difficult decision, which AFAP representatives did not make lightly. The primary concern motivating the AFAP ATR Committee in discussions regarding the Emerald wet lease agreement has been protection of jobs for ATR pilots. We wanted assurances that the wet lease could not result in any compulsory redundancies, which the Company has provided as a term of the Deed.

The Company has repeatedly committed to exploring all avenues to avoid compulsory redundancies and will look at any available options. In our view, had the AFAP refused consent to the wet lease, the direct consequence would not have been to protect any ATR pilots jobs as Alliance could still have operated the flying under a different arrangement, but rather simply cost the business revenue. Our concern was in these circumstances we would have jeopardised the Company’s goodwill in looking at all available options to avoid potential future job losses for ATR pilots.

ATR Review Due to the ATR being withdrawn from the Emerald route, the Company has 14 aircraft for 10 lines of flying.

The CEO confirmed that the business will therefore look to withdraw the four surplus ATR aircraft. Further aircraft may be withdrawn if other ATR routes are dropped.

The Company has indicated all options will be explored to avoid redundancies, pointing to the recent success in reassigning F50 pilots. The AFAP and the Company will work to provide ATR pilots information to begin considering options such as leave without pay, part-time arrangements, extended annual leave, and secondment opportunities.

The AFAP requested that the Company place any external recruitment into the Group on hold until the review of the ATR routes is complete. The Company has confirmed no external recruitment will occur in the short term.

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THE WOMEN’S NETWORK//

WOMEN’S NETWORK

Meet Captain Rebecca Bryan Rebecca is a Captain for REX airlines. As part of the Rex Pilot Council she is involved in the current EBA negotiations.

How did you get into flying?

Before I became a pilot I was an artist.

My favourite media was drawing and painting. My works were inspired by Pablo Picasso and Frida de Kahlo. I had an art studio in Hindley Street, Adelaide and participated in several group art exhibitions.

My Great Uncle Colin, who was a WW2 pilot introduced me to flying. I loved it so much that I changed career path to become a commercial pilot. Colin was my mentor. He was very encouraging and played a huge part in my life.

Where did you begin flying?

I started my career as a Flight Instructor at Basair in Bankstown before moving back to Adelaide to instruct at Flight Training Adelaide (FTA) where I loved working. FTA was very encouraging of female pilots and put me in charge of the Japan Airlines Express (JEX) cadet training program. JEX at the time would not accept females into their cadet program, so FTA sent me over to Japan on two occasions to represent the Company and perform aptitude testing for their future cadet programs. It was a good initiative to demonstrate to JEX that the cadet program was being overseen by a woman and that females are capable of flying aeroplanes too. It was interesting watching their reactions when I was pregnant, flying planes with a huge tummy.

In Japan as soon as a woman finds out that she is pregnant she must stop work immediately regardless of her occupation.

I continued to fly until I could no longer fit in the plane.

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How did you balance becoming a mother and being a pilot?

In 2010 I became a mother to identical twin girls Eliza and Amelia. I am finding now is the hardest time in my career, trying to constantly juggle work and the needs of small children. There is very limited child care facilities available for shift workers and none that cater for last minutes standby callouts that could see you away interstate/overnight for several days at a time. This means I have to rely heavily on family and friends to help out and I’m very fortunate that I have a good support network.

How are you involved in the AFAP? At the moment I’m on the Rex Pilot Council and am involved in current EBA negotiations which have been going on for over 2 years now. This is the first time I have been involved in EBA negotiations and it has been very challenging. These negotiations have seen some of the biggest industrial changes in the history of Rex. This includes an introduction of a FRMS and a “Lifestyle Protections” clause which is aimed at limiting the time spent away from home. The lifestyle protections we are seeking to introduce will be a first in the Australian Regional Aviation sector.

I have certainly been taken on a rollercoaster ride with numerous conciliation sessions with FWA and Protected Industrial Action that included the biggest pilot “Stop Work” the industry has seen this decade.

I have really enjoyed working with my colleagues Robin and Benny who have taught me so much through these negotiations and the AFAP staff James, Andrew and Jo have been brilliant!

Air Pilot

Why should members get involved?

After starting work with a new employer and re-entering the workforce after maternity leave I found myself involved in a very serious workplace dispute. The dispute involved the assistance of the AFAP where we fought a 2 year legal battle.

If I had not been a member of the AFAP I would never have been able to afford the legal assistance or received the emotional support that was required to resolve this issue. And it was definitely worth pursuing as the outcome saw the introduction of improved workplace policies to prevent similar things happening to others.

My membership is worth every cent.

Why should women get involved in the AFAP? There is still so much improvement that needs to be made in the aviation industry and it is far behind other industries when it comes to accommodating women in the workforce who have young children.

At the moment I'm the only female pilot at Rex that has small children and is working in a full time capacity.

At times it can be extremely tough especially with rosters that see you away from home a lot. Standby/reserves duties are at times impossible.

My mission is to make it easier for future women by pursuing flexible working arrangements that will allow them to enjoy the best of both worlds. My daughters tell me that they want to be pilots like their Mum and Dad, so I hope to pave the way for them and younger generations.

Currently our concerns seem low on aviation employer’s priority list as we are still a minority. But if more women get involved and we can support each other then we’ll see changes take place.

Rebecca and her twins Eliza and Amelia.

“My mission is to make it easier for future women by pursuing flexible working arrangements that will allow them to enjoy the best of both worlds. My daughters tell me that they want to be pilots like their Mum and Dad, so I hope to pave the way for them and younger generations.”

2016 women’s network meetings & events Annual general meeting 16 June 2016 AFAP Brisbane Office Suite 10, 137-143 Racecourse Road Ascot, QLD 4007 12.00 - 15.00 Assertive management training Rebecca and her husband, Captain Matt Bryan, at AFAP Convention 2015.

5 August 2016 Brisbane Location TBC

“I love flying.

I am married to a pilot and was married by a pilot.”

NO. 1 | 2016

9

Eastern

Pilot Federation

Eastern Airlines now has a very different looking council after many personnel changes post-EBA. Ben Sharman is now the Chairman, Dave Griffiths is the Vice-Chair and Richard Napier is the Secretary.

New potential members include Ro b e r t A n d e r s o n , Lu ke Fo r d , Jonathan Wenzel and Cam Bailey.

The council is attempting to rebuild relationships with the Company to benefit our Eastern AFAP members, and with the Sunstate Pilot Council, where there is an advantage for the whole QantasLink pilot group.

There is no denying that morale issues and some lingering distrust of the Company remains in the pilot group after the last EBA process.

Your reps want to acknowledge this, whilst also being pragmatic and committed to achieving the best outcomes available given the historical context.

Eastern have struggled with some of the issues that arise because they did not have the opportunity to author many of t h e E BA 2 01 5 c la u s e s , w h i c h were negotiated with Sunstate,

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and the issues this poses for implementation of the new EBA. For instance, three day SIMS out of Melbourne has proved a challenge. However, your Eastern reps feel they are negotiating a workable solution, which will see the third SIM day, if rostered, not begin before 10am in exchange for favorable SIM rostering), and will govern the two day SIMS ex-MEL until the next bargaining period for the next EBA. The Eastern Pilot Federation Council continues to deal with important issues where necessary.

Unpaid allowances in New Zealand p r ove d a p a r t i c u l a r p r o b le m , with some pilots left unpaid for over 2 months. Your Eastern reps encourage you to dispute these outstanding payments first with your Senior Base Pilot, and then raise it via the disputes resolution p r o c e d u r e t o t h e A FA P f o r resolution.

There is an upcoming arbitration in the Fair Work Commission pertaining to whether a pilot who has their rostered shift after a DDO

pulled back to a time between 0500 and 0600 should access the work day off payment as opposed to the Company applied extension payment. We say a work day off payment is owed in those circumstances, and this matter will be heard on 17 May 2016, in Sydney before Commissioner Cambridge.

We will of course keep you updated as to the outcome. We have begun o u r p u r s u i t o f t h e d e d uction of sick leave for fatigue days, which we say is in breach of the National Employment Standards.

The Company maintains that the deduction of sick leave for fatigue is not unlawful.

Lastly, the vital FRMS process c o n t i n u e s . Yo u r E a s te r n re p s intend to be highly active in the consultative process. Many Eastern reps will be attending the AFAP’s Fatigue Workshop on 1 and 2 June 2016 to make sure they are up to date on the latest science of fatigue, and to ensure that the FRMS is developed according to a sound scientific basis.

Air Pilot

Welfare Representative Summit Cate Larkins, AFAP Industrial Officer & Welfare Coordinator We h a d 2 0 p i lo t we l fa r e representatives from across our councils converge in Brisbane f o r o u r i n a u g u r a l We l f a r e Representative Summit on 8 - 9 April 2016. Together we planned a new governance structure for AFAP welfare, with the aim of making the AFAP welfare response the best welfare response for pilots in Australia within 12 months.

This includes a proposal for a Welfare Director on our Executive, additional dedicated welfare staff, and continued training and support for our welfare representatives.

We a l s o d e v e l o p e d b e s t practice models for our welfare representatives, which will form an in-house manual of resources, checklists and information.

We a l r e a d y h a v e o u r Membership Assistance Program (MAP) (FREE CALL 1800 424 635), which promises confidential pilot specific psychological counselling by experienced psychologists.

We have more than 30 pilots and pilots’ immediate family members already accessing this service, and satisfaction is reportedly high.

MAP can deliver everything from resettlement and career support for

pilots who lose their medicals, to family and relationship counselling, to critical incident responses to just providing a one off listening ear for any workplace or personal issue.

points and resources, and in spotting red flags for people who might need additional help in their workplace.

This will be the first of many mental health focussed initiatives by the AFAP as we are prioritising pilot mental health and wellbeing for our members.

We had an in depth discussion about the cross over between our HIMS program and the mental health needs of our pilots, due to the co morbidity of mental health and substance abuse issues for many people. We plan on developing an integrated system, which will have ways of responding to diverse and complex issues.

O u r m e m b e r s ge t 4 f re e sessions per issue and so do your immediate family members.

If your issues are complex and need more care you can talk to Industrial Officer and Welfare Coordinator Cate Larkins about an extension. This premium service will soon also be joined by our innovative and developing HIMS program, which will offer an intervention for pilots affected by substance abuse disorder.

The second day of the training focused on pilot mental health, and was conducted by Dr Katrina Norris, an Occupational Psychologist from Psychological Health Interventions, who also deliver the AFAP MAP. We learnt about common mental health issues for pilots as well as common mental health myths to help break down stigma.

Yo u r pilot welfare re p re s e n ta t i ve s a l s o re c e i ve d training on having conversations about mental health, good referral

In order to capture all of our welfare representatives, and any other members who have an interest in welfare, we will be conducting a follow up training in Melbourne soon. To add your name to the invite list, or if you have any questions about the training or current administration of the AFAP welfare program, contact Cate Larkins.

YOUR WELFARE REPRESENTATIVES

We believe it is often a pilot who is the best first point of contact with you when you might need help. They can be an initial listening ear, and direct you towards more assistance as you may requireCobham Nick Hayes- 0450 223 016 Rohan Smith- 0407 253 552

National Council Julian Hipwell- 0412 141 122 Richard Higgins Matt O’Keefe (Also your National

Eastern Rob Anderson- 0419 707 689 Johnathan Wenzel- 0431 686 245

HIMS Representative)

Helicopters Council Brett Hunter (CHC)- 0402 263 110 Kevin Humphreys (CareFlight)- 0448 470 520 Jetstar Andrew Stein-0412 699 886 Paul Hogan- 0404 077 207

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Rex Jodi Rowlings Rebecca Bryan 0418 853 157 Sunstate Alex Potter- 0439 949 178 Tiger Mike McCaull-0438 330 555 Matt Shephard- 0449 755 564

Virgin Brett Loeliger- 0402 408 759 Steve Lunn- 0409 074 479 Sean Button (VARA)- 0401 978 554

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National

Pilot Federation

Individual Matters – The AFAP on Behalf of Individual Members The AFAP represents members i n m a ny f o r u m s a n d s i t u a t i o n s including unfair dismissals in the FWC; conciliation conferences involving discrimination in the Human Rights C o m m i s s i o n ; u n d e r p ay m e n t s a n d investigations directly with employers or in the FWC or Federal Court; as a support person in disciplinary meetings with employers; or investigations involving CASA or the ATSB. However, an increasing number of members are pursuing general protection applications against employers who take adverse action against them in response to the pilot asserting a workplace right.

In a current case in the Federal Circuit Court the AFAP is acting for a member who was dismissed by a Northern Territory charter operator for seeking to have the Company comply with the Award and, we say, for seeking legal and industrial advice to that effect. The case is scheduled for Court mediation in Melbourne on 30 June.

Cases such as this are important for GA pilots who are often paid below Award rates, and struggle to preserve their basic workplace rights.

Airwork To Be Put To Vote In-principle agreement has been reached on a proposed agreement to put to pilots.

Negotiations have laboured for more than two years during which the company continually withdrew from discussions until a protected action ballot application by the AFAP led to agreement on wages and other matters.

While the terms of an agreement have been reached, the antipathy between the management and its workforce means the AFAP/Pilot Reps cannot guarantee a positive vote.

Alliance Airlines – Negotiations in Qld and Perth Members are hoping to substantially enhance the current protections in their agreements, and are putting considerable time and effort to do so. While Perth is further progressed than Queensland, similar issues are emerging across all bases with the imperative being greater protection around lifestyle and rostering.

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Air Pilot

national pilot federation report

Toll Aviation – Cutting the Metroliner Motivated by an ageing fleet, anticipated decline in commercial opportunities, and regulatory issues, plans by TOLL to reduce their Metroliner fleet threatened up to eight pilots with redundancy.

However, through the AFAP meeting with the Company, the final number was reduced to four from the Brisbane base. While one redundancy is bad enough, saving half those threatened offered some comfort to members.

Meanwhile, negotiations for a new EBA are continuing.

CASA – the challenge of Public sector bargaining After almost two years the proposal before FOI members and their colleagues is an increase of 6% over three years. This “modest offer” is made worse by (i) there has been no increase to salaries since July 2013; (ii) CASA proposing to add nine minutes to the work day to pay for the increase; and (iii) the agreement being “streamlined” to the point it loses any teeth.

While this is pattern is repeated across most APS agencies we hope the 2016 election will lead to a change in government policy.

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Network - MOVING TOWARD AGREEMENT Four years ago the AFAP commenced negotiations with Network to replace their 2008 Workchoices Agreement. There have been many twists and turns of which the most significant was Qantas’ purchase of the company which imposed, where it suited, Qantas policies, including a wages freeze. At the same there have been three changes in management and its negotiation team which, frustratingly, meant that many items that were agreed in principle suddenly “not agreed”.

Despite this, we now have in-principle agreement on wages. However, the driving issue for Network pilots is roster protection, particularly short term changes that have significant consequences on family/child responsibilities. While progress has been made through a roster protocol, the main issues have been enforceability and a mechanism to facilitate changes.

We are hopeful a proposed agreement may be put to pilots in the coming weeks. However, given the draconian nature of the current agreement, considerable drafting is necessary to bring it up-to-date and to comply with modern workplace laws.

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national pilot federation report Skippers Aviation - WHEN PRODUCTIVITY IS NO BONUS Negotiations have begun at Skippers amid much controversy.

After the company publicly announced pilot re d u n d a n c i e s la te la s t year, the AFAP initiated a dispute in the Fair Work Commission. This saw t h e e x t r a o r d i n a r y, b u t welcoming, counterannouncement that there were no redundancies. Why, then, create the mess in the first place?

Pearl Aviation – Redundancies amid Negotiations

After staving off that announcement, the AFAP then turned to having a s o - c a l le d “ p ro d u c t i v i t y bonus” reinstated after being unilaterally removed.

The company has now done so, but back-pay remains unresolved. Failing an amicable resolution it may be necessary to initiate further pro c e e d i n g s to recover those losses.

Negotiations with Pearl to replace their 1999 (yes 1999!) agreement have been off and on for three years with most matters now largely agreed, subject to drafting where the devil is always in the detail. The aim now, subject to that detail, is to put a proposed agreement to pilots in June/July.

However, the Pearl at the beginning of negotiations is now a different beast. Firstly; Pearl ended a long term contract making five Darwin pilots redundant. Secondly; the company’s other Darwin based client decided to take its business elsewhere.

This will leave the Brisbane based calibration operation as the main focus, and voting group, of a proposed Agreement, making a vote very interesting given Brisbane has been the main target of the company’s attack on wages and conditions.

Potential Sham Contracting Arrangements An increasing trend is emerging where pilots are e n ga ge d o n a g r e e m e n t s / contracts that classify them as independent contractors being paid on paid daily rates well below the minimum provided under the Air Pilots’ Award.

These operators require pilots to work where and when required and to provide their own ABN number. It is not unusual that these schemes are not in writing, but imposed verbally.

The AFAP has reviewed a number of these arrangements to determine the true nature of the relationship and, in

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particular, the extent to which the operator is exercising ‘control’ over the pilot, the hours/pattern of work, and the provision of equipment in the performance of duties.

The AFAP is increasingly of the view that these contracts are sham arrangements and that the true relationship is consistent with an employment relationship. The true relationship is a matter of law which considers a number of factors and will go beyond how the “employer/principal” and “employee/contractor” characterise the relationship.

The effect of these sham arrangements is operators seek to avoid employment obligations, cut conditions,

particularly minimum wage entitlements, and to impose taxation, superannuation and Wo r k C ove r / i n s u r a n c e a n d other liabilities onto the pilot.

Depending upon the circumstances, a sham arrangement is in breach of the Fair Work Act 2009 (Cth).

Significant penalties can be imposed on operators who misrepresent employment as an independent contractor arrangement.

Any member who is told, either verbally or in writing, t h ey a re a n i n d e p e n d e n t contractor should seek the AFAPs advice as soon as possible. Do not just accept what you are told.

Air Pilot

Helicopter

Pilot Federation

AN INDUSTRY IN TURMOIL It is no doubt a challenging time across the industry.

Airbus Helicopters reports that despite a flurry of orders in our region in recent time (mostly for the Chinese market), there has been a decided contraction in new sales activity. On a unit basis, the reduction is in the order of 15-20% and there is no expectation of a recovery in 2016. The Asia Pacific fleet has grown by around 45% over the last 10 years and yet, we find ourselves in a situation where virtually every commodity on which so much helicopter activity relies, has collapsed in price.

Sadly, we are also faced with the tragic reality of a terrible incident in the offshore industry. On 29 April 2016, an H225LP (LN-OJP), operating out of Bergen, Norway, suffered a catastrophic failure which resulted in the loss of 11 passengers and its crew. The 225 is the heavy lifter of the offshore world and its grounding is yet another pressure point on a struggling industry.

The crew, Captain Olav Bastiansen and Captain Michele Vimercati were both very experienced pilots and well respected among their peers.

Olav, a 27-year veteran of CHC, was well known to the international community for his commitment to improving safety in helicopter operations in the North Sea and around the world. He began his association with AFAP in 2000 when attending the IFALPA conference held in Sydney. His many years of work with the Norwegian ALPA saw him hold various position including that of Chairman.

His many years of service through IFALPA, are testament to his commitment to pilots’ rights and aviation safety.

In response to the incident, the UK and Norwegian

NO. 1 | 2016

regulators have grounded the type. CHC and Bristow Australia have followed suit and have idled these hugely expensive machines at this critical time in the industry.

As we write this report, CHC have filed for Chapter 11 Bankruptcy Protection under US law. It is unclear what the ramifications of this move are considering the company has offices and operations worldwide. However, the President / CEO, Karl Fessenden has highlighted that all subsidiary companies will continue to operate as normal. It is the Federation’s sincere hope that CHC can use the protection afforded under law to restructure its business in the interests of its long term success and finally put an end to what is now approaching two years of morale sapping uncertainty.

THE POSITIVE AMID THE TURMOIL Despite the tumultuous situation of the industry there is positive news on the EBA front.

Agreements – Progress!

Agreements have now been reached at Bristow, Westpac (WRHS), Australian Helicopters and TOLL Helicopters. At the time of going to print Bristow, WRHS and Australian have all put their respective agreements to vote, with each expected to be favourably received.

Despite the economic environment in which the agreements were negotiated each have delivered reasonable outcomes on wages with cumulative increases of: Bristow 9.3% over 39 months; WRHS 13.5% over three years, and Australian 8.3% over three years.

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A Greenfields at TOLL TOLL Helicopters, which is succeeding CHC on the Ambulance NSW contract, is a new entrant to on-shore operations in Australia (it does operate a contract in the Solomon Islands). The TOLL agreement is therefore a Greenfields Agreement, being an inaugural agreement negotiated with the AFAP. A Greenfields Agreement is an agreement negotiated where at the time of negotiating there are no employees (in this case pilots). Therefore, it is not subject to voting, but instead is subject only to approval by the Fair Work Commission, to ensure it satisfies the no-disadvantage.

GENERAL UPDATES CHC – Out On Its Own Negotiations at CHC continue to stop and start. Pilots have shown remarkable tolerance, patience and resilience.

The Company to date has taken an incredibly unreasonable position and shown little regard for the pilot body. The Company’s strategy has been almost forensically contrived to “execute” each stream of pilots one by one as the Company has continued to lose contracts. At the moment pilots are protected by a redundancy merit system which recognises qualification, experience, and years of service The Company’s bargaining position is to abolish that protection, cut the wages and conditions of pilots, introduce fixed term contract pilots, and all for no increase to wages and to create strict separate agreements.

Throughout all of this, the Company has made threats to make offshore pilots redundant despite the redundancy merit system. It has refused to commit to protect NSW EMS pilots in terms of redundancy. Further, it has now sought to impose a 12 month stand down of its 92 and 225 fleet pilots, citing the deferral of a particular contract. The AFAP has disputed the threatened stand down.

At the time of going to print meetings have been scheduled with the CHC to further discuss the EBA negotiations and the stand downs. It is hoped that sense will prevail, but moreover a return to the good-will and cooperation that has long been the feature of the pilot’s relationship with the Company.

The Victorian Ambulance contract has wound up and Australian Helicopters have transitioned smoothly into operation, albeit under pressure to meet the deadline for all bases. CHC managed to repurpose its employees from this contract through a combination of redundancy, retirements and movement to the new operator. The remainder will be gainfully employed elsewhere within CHC Australia.

The Ambulance NSW contract is beginning to see the effects of the Company’s lack of planning and guidance.

Facing uncertainty around CHCs commitment to the agreed terms of the Enterprise Agreement, some employees have had to consider leaving the company for alternative employment. This trend is expected to continue exacerbating CHCs growing problems with qualified staffing.

It is very gratifying to note that despite early signs of stress under the efforts by the Company to fracture the workforce along type and contractual lines, the pilot reps and pilot body have found a new solidarity. We encourage all members to seek the full application of the entitlements provided by the Enterprise Agreement CHC Chapter 11 Filing CHC has notified pilots that it has voluntarily entered into a court-supervised reorganisation process utilised in the United States - filing of a Chapter 11 bankruptcy reorganisation case.

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The decision came from CHC’s Board and management team who have been working to address the Company’s financial structure and fleet. CHC advised that the decision is hoped to position CHC for long-term success and they believe that completing a reorganisation through a court-supervised process is in the best longterm interest of the Company and its employees.

The Company also stressed that the word ‘bankruptcy’ in the Chapter 11 reorganisation process does not mean the same thing as it does in Asia Pacific and that they expect that the cash the company has on hand will be sufficient for them to continue to meet their obligations.

The AFAP continues to monitor the situation and update members accordingly.

Bristow The Bristow story shares many commonalities with that of CHCs. Given Bristow Asia Pacific is almost exclusively an oil and gas support company, the downturn in oil and gas activity has hit Bristow particularly hard. In recent weeks, 16 pilots have been given notice of redundancy and 5 additional voluntary separation agreements have been moved forward. Despite some early warning signs, we are pleased to report that Bristow is starting to adhere to the intent of the Enterprise Agreement. Almost all of the outstanding matters of dispute have been resolved.

Redundancy is an uncertain time and it is especially so when there is very little in the way of alternative opportunity. Our thoughts are with those pilots and families during this difficult time. We hope that all so affected find new opportunities soon and that the industry can find its balance quickly.

Vale Neil Chant Bristow has lost one of its recently retired pilots after a long illness. Neil Chant of Perth, had worked around the world before settling with Bristow in the last 10 of his 45 years in the industry. He had quick, dry wit, was a fantastic mentor and a famously capable pilot. Neil truly had a lifetime of challenges and it is a testament to his character and resilience that he remained one of the most social and well thought of members of the Bristow pilot body. Our thoughts are with Pam and his family at this difficult time.

A Special Mention We’d like to once again single out Dave Stephens for his tireless efforts in support of the Helicopter Federation and its members. Dave has had a full plate this year and has had to deal with major challenges from HNZ and the CHC / Bristow negotiations and redundancy issues. His excellent results in the Fair Work Commission and the establishment of a new Greenfields Agreement with Toll Helicopters are a credit to his patience and skill.

Air Pilot

helicopter pilot federation report Moving Ahead The AFAP continues to expand its efforts in safety and technical matters and we have expanded the full time staff in this area. Julian Smibert and Marcus Diamond will continue to work for your interests with CASA and the industry more broadly. That said, much of the important work of the Federation is done by its volunteers and the Helicopter Federation would encourage as many of you as possible to participate and make a contribution. There are still massive challenges in Part 61, 141/142 and CAO 48.1. The AFAP via AusALPA has a number of opportunities for participation in discussion and working groups on these matters and as subject matters experts, it would be great to see you participate.

AFAP continues to support helicopter participation at IFALPA and we are pleased to report that Australian content is now having a proportional influence on the position papers of IFALPA. Our work on offshore alternates has now even made it to ICAO for eventual inclusion in the relevant Annexes. The IFALPA HEL Committee continues to do important work on RPAS, FTL / FRMS, cockpit ergonomics, aircraft security and survival equipment etc.

This year’s global meeting will be hosted by the AFAP at the Melbourne offices and we would encourage you to attend if you are able.

Position papers are being accepted for inclusion in the IFALPA Annexes and will inform IFALPAs ongoing lobbying with ICAO to harmonise and

NO. 1 | 2016

simplify helicopter content. In the long run, this work finds its way back to national regulators as they work on aligning their own practices with ICAO SARPs. Should you be interested in attending or making yourself available to participate in the exchange with CASA, please be in touch at heli@afap.org.au

Difficult Times End It’s hard not to become overly focussed on the problems of today. It seems that nearly everywhere we look, there are many ‘bad news’ stories and it doesn’t help that many of our employer groups are under incredible financial pressure.

As easy as it is to say, remember, these things are cyclical. Boethius famously said that history was a wheel…

‘Inconstancy is my very essence, says the wheel… good time pass away, but then so do the bad. Mutability is our tragedy, but it’s also our hope’.

We hope these challenging times will be behind us soon and that the industry can adjust to a new point of balance.

In the meantime, look out for one another and remember, your Federation is here to help. Should you need industrial guidance, we have professional and experienced industrial and legal staff to assist. On the other hand, should you or someone you know, need the assistance of our Pilot Welfare team or the Member Assistance Programme, please be in touch.

Thank you all for your support and we look forward to meeting with more of you over the year.

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FEATURE

A PILOT EXONERATED THROUGH THE “GLASS SKIES” I

n 2014 three HNZ touring pilots resisted the Company forcing them to have their annual leave debited at the rate 2.7 days every 21 days by trying to force them onto a 21 on/21 off roster pattern.

T h a t d i s p u te e n d e d u p i n the Fair Work Commission which ultimately saw a Full Bench of the Commission declare void the offending clause in the Enterprise Agreement, as well as the Federal Court where the Company was “fined” $16,000 for breaching the Agreement for refusing to consult.

Since then Captains Greg Duncombe and Nigel Saunders, were made “redundant”. Both challenged the action and made general protections applications to the Commission alleging adverse action being taken against them

by HNZ for them asserting their workplace rights to (i) work their standard touring roster and (ii) for commencing proceedings in the Commission and the Court. Both reached “satisfactory” settlements with the Company through their general protections applications.

The third pilot, Captain Ivana Gorlin, was sacked by the company for the allegedly breaching the Company’s operating procedures.

The AFAP initiated unfair dismissal proceedings on her behalf. The case was run by the AFAP, by Senior Industrial Officer David Stephens.

Commissioner Cambridge of the Fair Work Commission earlier this year found that Captain Gorlin was unfairly dismissed and ordered the company to compensate her almost $20,000.

The decision is significant for many reasons, but for two in particular. Firstly, the Commissioner identified not only a significant procedural deficit in procedural fairness and natural justice, but that in terms of any non-compliance with any SOP, the Company itself was equally, if not more, culpable.

S e c o n d ly, C o m m i s s i o n e r Cambridge was prepared to make

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an exceptional observation going to the character of Captain Gorlin, which is best simply repeated: … I obtained a strong impression that [Captain Gorlin’s] gender was a significant factor which contributed to the unjust treatment that she suffered, when subjected to the erroneous procedure that commenced when the [Acting Chief Pilot] went looking for “dirt” that the former [Chief Pilot] spoke of… During the Hearing, it appeared that evidence which started to traverse the issue of gender discrimination was deliberately curtailed or avoided by [Captain Gorlin]. Frankly, I gained the impression that [Captain Gorlin] was reluctant to introduce evidence which could be construed as “playing the gender card”.

Notwithstanding such constraint, the perception that was almost inescapable was that a number of the males involved resented any form of challenge from a forthright and capable woman.

This extract of the decision speaks volumes of Captain Gorlin, of course. But it is also a stark reminder of the issues facing many female pilots, and is especially pertinent as more and more women break into one of the most male dominated professions. It is an extract that every pilot is not only entitled to read, but should read. Captain Gorlin was not only subjected to the treatment Commissioner Cambridge spoke of, but her strength of character and resilience was no more exemplified by her being subjected to two days of cross examination where she not only withstood the attacks against her personally and professionally, but she “gave it back”.

The feature in this edition of Air Pilot, which has been gratefully reproduced with the kind permission of HeliOps Magazine, depicts the story of one pilot, Captain Gorlin, but moreover it reflects upon the circumstances facing so many others and the inherent, if not systematic, challenges women face in not only breaking through that “glass sky”, but surviving it.

Captain Gorlin has over 20 years of aviation experience and over 5000 helicopter flight hours. She holds an Air Transport Pilot Licence (Helicopter), a Multi-Engine Single Pilot Command Instrument Rating, Night and NVIS Ratings, winch, external load and rappel ratings, and a Class 1 Aviation Medical Certificate as well as the awards of Bachelor of Aviation and a Masters of Science & Technology (Aviation).

Her previous experience includes both single-engine and multiengine helicopter operations in the military, para-military and civil environments, domestically and overseas in PNG, Indonesia, the Solomon Islands, Kenya, Tanzania, Iraq and the UK with operations including peacemaking, peace-keeping, general aviation, fire-fighting, media, aeromedical services, search and rescue, offshore oil and gas and marine pilot transfer.

Ivana was the first Australian female Black Hawk helicopter pilot.

That is Ivana Gorlin the pilot.

Captain Gorlin is not looking for commendation or even recognition; in fact immediately she shies away from it to the point of only reluctantly agreeing to this feature, a reluctance first observed by Commissioner Cambridge. But it is a story that should be told.

This article has been reprinted with the kind permission of HeliOps Magazine and Captain Ivana Gorlin.

Air Pilot

FEATURE

Captain Ivana Gorlin ATPL (H), Bachelor of Aviation, Masters of Science & Technology (aviation)

GLASS SKIES THE FIRST ‘FIRST’ Women helicopter pilots are nothing new. In 1937 Hanna Reitsch set the first ‘first’ for women in the helicopter industry by piloting what is generally considered to be one of the first practically functional helicopters – the Focke-Wulf Fw 61. While Reitsch’s demonstration of the Fw 61 during the 1938 International Automobile Exhibition in Berlin is perhaps most notable for it being the first helicopter flight conducted within a fully enclosed arena, it also served to affirm Reitsch as one of the world’s first helicopter pilots and certainly the world’s first female helicopter pilot.

It is somewhat surprising then that despite the passage of some 78 years the pursuits of women helicopter pilots are still notable for achieving various ‘firsts’ around the world. ‘First’ in the country, ‘first’ in the organisation, ‘first’ on that type of helicopter, ‘first’ to attain captaincy, ‘first’ in the military, ‘first’ to be an instructor or test pilot or combat pilot or rescue pilot or the numerous other possibilities available to helicopter pilots.

Being the ‘first’ typically means battling prejudice, managing stereotypes and resisting subconscious bias. In Reitsch’s case she focused her passion and determination to hone her flying prowess in order to quash any gender-based resistance she encountered. She quickly established herself as highly skilled helicopter pilot – being a woman was not a consideration.

Reitsch was fortunate in that her becoming a helicopter pilot was coincident with the introduction of helicopters. The practice, whether formal or informal, of preventing women from piloting helicopters had yet to be implemented – that was to come later.

NO. 1 | 2016

She enjoyed positive publicity making her popular with her both comrades and compatriots alike.

Yet for the women that followed, the publicity was not always favourable, often focusing on the novelty of the achievement rather than the promotion of women pursuing careers in helicoptering. Media attention is a double-edged sword; on the one hand calling attention to the achievement demonstrates it’s accomplishment as not being gender reliant; but then inequitably distinguishes the achievement of the female over the male counterparts who preceded her.

While the former may somewhat normalize the inclusion of women in the helicopter industry and encourage a move towards gender balance; the latter has the potential to give prominence to the imbalance in a manner that further differentiates and highlights the individual from her colleagues, antagonises, and discourages inclusion.

MY OWN EXPERIENCE

“I had hoped to avoid the predicament imposed by media attention after earning my wings on an Australian Army Blackhawk, particularly given that a good number of other women across the world had blazed that trail well before me, but unfortunately that was not to be the case.”

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In its wisdom, the Australian Army decided that the best way to assuage the adverse press they’d been encountering after 18 service personnel lost their lives as a result of two Blackhawks colliding mid air was to thrust me, it’s first female Blackhawk pilot, into a media circus.

The Army’s message (intended or otherwise) was that flying Blackhawks couldn’t possibly be as dangerous as the media made out, if a girl was doing it. It was not at all surprising that the media attention exacerbated the already obvious resentment from those in the Australian military reluctant to accept the Government’s 1992 change of policy allowing women to serve as Army pilots. The surprising element was the derisory reason for the resentment explained to me quite some time later by a colleague, that my having graduated to Blackhawks somehow diminished their kudos for the same. I have since discovered that downplaying qualifications, knowledge and experience may have gone someway to mitigating this unintentional slight. The difficulty there is that it is a pilot’s qualifications, knowledge and experience that should instil confidence in operators and passengers alike. Unfortunately it seems ‘likeability’ is too often the primary measure of competence.

“Despite having been in this industry for over 20 years, I am still trying to find a balance between mastery and likeability.”

In her book Lean In, Sheryl Sandberg describes the decades of social science studies that have confirmed that men and women are characterised in opposition to each other. A woman successful in a male dominated industry violates stereotypical expectations of women resulting in her being disliked. Disliked not only by those she works with, but also by both men and women in broader society.

But why the bother with likeability? The long and the short of it is employability. It has been reported that men are often promoted based on their potential, while women are generally promoted based on past accomplishments and

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likeability. It’s not an easy ride getting a gig as a helicopter pilot nor, in my experience, is it easy keeping one (or even wanting to keep one for that matter).

Sandberg writes “for men, professional success comes with positive reinforcement at every step of the way [but] for women, even when they’re recognized for their achievements, they’re often regarded unfavourably”. We see this often in politics, entertainment and technology. To this day, I continue to experience it in aviation.

Just the other night, we were tasked to a primary retrieval of a 15 year old male who had been bitten by a brown snake.

It was a relatively high risk and challenging retrieval from an aviation perspective for a relatively minor medical affliction (given the appropriate treatment he received on scene prior to our arrival). While being loaded and secured into the aircraft, when the patient came to understand that I was the pilot, he turned to the doctor paramedic and asked whether one of them could fly instead. Normally I would spend some time with the patient trying to ease their concerns by explaining my experience but on that night there was no need, because the crew quickly jumped to my defence. I have no doubt that the crew’s primary concern was to mollify the patient, but in so immediately and frankly lauding my piloting experience they unwittingly provided me with very welcomed reassurance. The fact though that the patient had those biases and the crew had to jump to my defence highlights the intrinsic societal issues and the challenges many women face.

A WOMAN’S PLACE

“The result of the internalization of unfavourable messages meted throughout a woman’s lifetime can be a lack of professional self-confidence. While intellectually I rationalise that I am a capable and competent pilot, it can be a struggle to actually feel that way -

Air Pilot

FEATURE

which is why even the most seemingly insignificant acceptance means so very much. “ I have been blessed in my career that I have had the support of a number of commanders, chief pilots, colleagues and clients along the way. While often that support was notable simply for the absence of gender bias, those occasions where I received empathy, reassurance and encouragement remain memorable.

Through reconnecting with an Army Pilot Coursemate recently I learned that he’d had a conversation some many years ago with the most senior Aviation Commander at the time, who also happened to be the chair of the selection panel for Army pilots when I went through the process. My course mate revealed the Brigadier had said words to the effect that his job would be much easier if other pilots were more like me. The revelation floored me for a couple of reasons; firstly that the Brigade Commander had made such a comment and secondly that my course-mate would recall such a conversation after all this time.

I remember thinking that I wished that I’d been told way back then, because it could have had made a real difference to my professional self-esteem, but on further reflection I concluded that there must have been others along the way quietly championing my cause and even if unknown to me they did make a real difference; for that I am grateful.

A CAREER MOST VALUED Both in spite and because, of being a woman in this industry my career has been markedly diverse. Unlike many other pilots my enthusiasm for flying did not start when I was a child, but rather by chance as a university student. An unexpected flight in a helicopter had such an impact that I just ‘knew’ that I had to pursue it as a career.

I am obligated to a rather unique combination of naivety

and obstinance in my pursuit of a commercial helicopter pilot licence, for there was otherwise no sound reason for it. It was the early 90s, Australia was in recession, I had very little money, and gaining a job in the civil industry appeared highly unlikely. Fortunately for me, not long after completing commercial licence training, the Defence Force opened their helicopter doors to women. Despite successfully completing the selection process, I was advised I was not competitive enough on my first application, but managed to secure a position on a pilots’ course the following year.

Since then I have had some extraordinary adventures. With the Army I flew not only a diverse range of sorties over a good part of Australia, but was operationally deployed to Papua New Guinea, West Papua (Indonesia) and East Timor. As a civilian pilot I have worked in general aviation, media, paramilitary operations, offshore oil & gas, marine pilot transfer and emergency medical services. Each as unique in their requirements of a pilot as the contrast in environment between Australia, the Solomon Islands, Kenya and Tanzania, Iraq and Scotland.

Despite my career having been directed by circumstance far more than by design, I feel fortunate to have experienced such diversity.

The exposure to various operations, operators, crew rooms, ancillary courses, climatic and environmental conditions, aviation legislation, aircraft manufactures, helicopter types, clients and of course pilots has considerably broadened my skills, knowledge and experience.

It is in the comparison of both the differences and similarities that I have learnt some of the lessons I hold most valuable.

Not all of the challenges have been specifically aviation related. I believe that any minority in the workplace would experience similar challenges. Being part of the team was

To Come Ivana be hindscreen

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FEATURE

incredibly important to me, being one of the ‘boys’ was not a compromise I was either willing or capable of making.

Enduring the typically unrefined crew room banter of laddish aviators in order to pick up the pearls of wisdom that emerge from time to time was acceptable to me, engaging in typically often unruly behaviour was not.

GENDER BIAS The subconscious gender bias within the industry is simply a r e f le c t i o n o f g r e a te r s o c i e t y and it has been the case that commonly resistance also comes from women outside the industry.

In part this is due to those near to the industry (wives, partners etc.) being uncomfortable with the mixed a c c o m m o d a t i o n n e c e s s i ta te d by operational deployments, in part to the stereotyping of the job itself, but mostly I believe due to the unusualness of circumstances. It is disappointing that even now in 2015, both within and outside the industry, most comments I receive relating to my profession are gender based. I understand they are not malicious in their transmission, never the less they have become tiring after 20 years. The up side is that it’s a great conversation starter and I am always flattered when people want to know more about what I do. The danger is always that, given an opportunity, I could bore any listeners with my take on the fabulousness of flying helicopters. And I am particularly fond of encouraging young girls, especially those not aware it is an option for them, to consider helicoptering as a career.

enlivening. I love the perspective that comes from being a few hundred feet above the earth. I have had the great privilege of flight over some of the most striking landscapes and seen some glorious sights. Yet the best (and sometimes worst) part of my journey has been the people I’ve met along the way.

WOMEN SUPPORTING WOMEN Without a doubt the growing, albeit slowly, number of women helicopter pilots will continue and as it does the ensuing normalisation will encourage even more women to the point that eventually the numbers will be balance. It will be interesting to see where that might take the industry. The promotion of women in the helicopter industry has been championed by those first few who understood the importance camaraderie in an industry where they were a significant minority. Just 13 charter members from three different countries came together to form the Whirly Girls in 1955 with an aim to share information. Since then the not for profit organisation has grown to well over 1500 members from 44 different countries. Promotion is now done through “scholarship awards, mentoring, public appearances, press releases, magazine articles and informational displays in aviation museums” but as always the facilitation of exchange of information among women in helicopter aviation remains a core organisational goal. www.whirlygirls.org In 2010 the AFAP lauched the Women’s Network with the aim of providing a forum to identify and pursue industrial and professional issues relevant to female members. The Women’s Network is an excellent forum to learn more about your workplace rights and to network with other AFAP members throughout the industry.

While not specific to helicopter pilots, the Women in Aviation International non-profit organisation established in 1990 is also dedicated to the promotion of women pursuing careers in aviation through opportunities in networking, education, mentoring and scholarships. They provide resources not only to assist women in aviation but also to encourage young women to consider aviation as a career. www.wai.org Likewise through the publication of articles featuring female aviators, the Woman Pilot Magazine, established in 1993, profiles the accomplishment of women in all aspects of aviation including the experiences and lives of women helicopter pilots www.womanpilot. com.

“While the constant exposure to the subconscious gender bias of the profession, eminently evident in the language, has at times had an impact on my both professional and personal well-being, it has never been enough to remove myself from it entirely. Flying is just too exhilarating to give up.

There is a sense of freedom in being airborne in a machine that is not constrained by airports and flight routes and routine schedules. Even after 20-odd years of flying helicopters the simple pleasure that comes from being able to coax such an engineering p h e n o m e n a i n to f l i g h t r e m a i n s

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Air Pilot

Sunstate

Pilot Federation

The Sunstate Pilot Council Committee continues to deal with a number of issues regarding meals, accommodation and rostering. Last year a new EBA was voted up and the council committee has been active in ensuring the correct implementation of the clauses and undertakings made as part of the overall package. Areas which have caused confusion include the implementation of the new command standards assessment and on-going rostering issues.

The Sunstate council committee has also noted that recent and expected future attrition and pilot movement has created some difficulty in getting timely resolution of issues. A case in point is the satisfactory resolution of meal issues for pilots performing duties in New Zealand as part of the establishment of the Jetstar New Zealand Dash 8-300 regional operation.

The current need for pilots in QantasLink has created a range of interrelated problems for the pilot group to manage. These include: • • •

Direct entry F/Os onto the Q400 and subsequent by-pass pay for existing ‘300 F/Os; Delays and confusion on internal transfer requests; Management pilots being rostered line flying and

•

given less time to address local workplace issues; and Difficulty in getting time rostered for pilot committee meetings to discuss and resolve issues.

There are no simple answers to these problems and the Sunstate pilot council committee is doing everything it can to meet constructively with the Company to agree on satisfactory solutions.

In other news, the Sunstate pilot council welfare officer, Alex Potter, along with Louise Pole recently attended our two day Welfare Training in the new Brisbane office. This training involved welfare reps from the other councils of the Federation and experts in the field, including a qualified psychologist from within the AFAP’s MAP program. This type of training is expected to provide tangible benefits for members experiencing difficulties on the home or work front.

In a similar vein, it is anticipated that a number of Sunstate pilot reps will attend the Fatigue Management Workshop currently being organised by the Federation.

These activities highlight that the Sunstate pilot council, and the AFAP generally, is more than just an industrial body, but is a well-rounded professional body with the long-term interests of members in mind.

The Sunstate Pilot Council Committee is comprised of Russell Thompson (Chair), Rod Millroy (Vice-Chair), Louise Pole (Secretary), George Brown, Matt Vaughan, Deriek Jones, David Nelson, Ben Davis, Alex Potter, Jarrod Blaker.

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Cobham

Pilot Federation

NATIONAL JET EXPRESS Cobham RJ Crews - Dublin, Ireland Last week three Cobham (NJE) pilots left Australia for Dublin, Ireland for temporary duty. They are replacing their RJ fleet with a new type and in doing so our NJE pilots are covering those pilots who are selected to undertake conversion training on the new type. It is envisaged that another 6 crews form NJE will participate in the program over the next 12 months.

Santos FIFO Contract, Adelaide Base A few months back NJE lost the Santos FIFO contract out of Adelaide. We have held this contract for nearly 25 years. This was a considerable ‘hit’ to the Company and there was a strong likelihood the voluntary redundancy for flight crews at that base would be enacted. Due to the support of the AFAP and in consultation with the Company, this action was averted.

NJE FRMS Development Summary The Cobham Regional Services Fatigue Risk

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Management System has been in the development phase for the last two years, with the most significant progress being made within the last twelve months.

The new CAO48.1 is a complex order which essentially enables Australian operators to select a level of fatigue management which best suits the requirements of the individual company, with differing limitations in each of the seven appendices. Cobham Regional Services identified that Appendix Two would cover the majority of operations on the west coast – being FIFO closed charter passenger operations - but the Freighter Network would need to be operated under Appendix Seven. This presented some unique challenges for the development team.

Firstly, the only appendix which is a defined FRMS is Appendix Seven, with each of the other appendices being Fatigue Management Systems at a reduced level of scrutiny. This meant that certain FRMS requirements under Appendix Seven would also apply to the Appendix Two operations, for efficient management, such as the need for a specific FRMS Manager and the FRMS structure. It also meant that Flight Crew transitioning between the Appendix Two operation and Appendix Seven operations was going to be subjected to an additional set of transition requirements and restrictions.

This required a level of Flight Crew and Safety Management input, along with input from experience with additional protocols that were already in place under a Pilot Agreement.

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The FRMS development team acknowledged that Cobham Regional Services has encouraged the reporting of fatigue and fatigue related incidents for some time, with the ability for a Flight Crew member to have a fatigue day instead of a sick leave day annotated their roster. This process supports the necessary balance of responsibility with regard to fatigue, being split evenly between the Management Team and the Flight Crew member.

The first draft of the document complying with the requirements of CAO48.1 and the ICAO FRMS Guide was completed with guidance from Appleton Institute’s Professor Matthew Thomas in Adelaide, a specialist in the area of Aviation Fatigue Science.

A trial of a Fatigue Likeliness Scoring System was commenced recently with the east coast freighter flight crew and is still in progress. To date only positive feedback has been received.

Cobham Regional Services have also elected to utilise the Line Orientated Safety Audit Program for collection of data for the FRMS. This has the unique ability to present the management of threat and errors against a set of FRMS threshold indicators. The first LOSA cycle with FRMS data collection was conducted on the freighter fleet last year, providing essential evidence based data for the support of the FRMS and FRMS performance.

team continues to build on various FRMS systems and processes with a commitment to finalising the CASA trial approval in 2016.

PEA Negotiations Last month the NJE Pilot Consultative Committee (NJEPCC) tabled a ‘log of claims’ with the Company to support the new PEA for 2016 and onwards. Several meetings are now scheduled between the two parties to come to agreement on a new work place document. The draft log of claims can be viewed by NJE AFAP members at www.njepc.com.au.

The NJE PCC looks forward to working with the AFAP Industrial Team throughout this process.

NATIONAL JET SYSTEMs The Company has tried rostering forced LSL but with quick response from AFAP reps the leave was retracted.

Cobham operates under the SA LSL Act and it was through them not rostering the entire leave that we were able to help the member concerned. This pilot now has been given an opportunity to find a mutually beneficial time for them to take LSL.

The Cobham Regional Services FRMS development

Cobham (inadvertently) Confirm Relocation Standard for Industry Cobham Aviation, in particular the NJS (airline) business unit, albeit reluctantly and unwittingly, confirmed that where a pilot is required to be relocated because of a decision of the operator that effectively abolishes the pilot’s job and that it is the employer‘s responsibility to fund the cost of transfer/relocation to a new base. This has never really been questioned in the industry until Cobham refused to cover the cost of relocation as a result of a base reduction.

Last year Cobham reduced its operations in the Darwin base which displaced a number of pilots.

The company sought and received expressions of interest from affected pilots as to their preferred base to be relocated, given their jobs in Darwin were being eliminated. Naturally pilots nominated preferences. The Company, however, tried to argue that because the pilots submitted expressions of interest the relocation was at the pilot’s initiative and as such liable for the cost of their own relocation.

The AFAP intervened and after attempts in vein to resolve the issue amicably failed, the dispute was referred to the Fair Work Commission. There, in conciliation, the AFAP again proposed to negotiate

NO. 1 | 2016

a relocation package with the Company. The Company rejected that offer and the dispute was referred to arbitration.

The question for the Commission to resolve was: at whose initiative was the relocation the Company who abolished the position thus necessitating the relocation, or the pilots who submitted an EOI where they otherwise would not have but for the base reduction. To determine the dispute Vice President Watson ran the case as a test case involving one AFAP member.

VP Watson found for pilots, holding that the relocation was a result of the Company’s decision to reduce the base, and as such the relocation was at the Company’s initiative. It was held the Company was liable to meet the cost of relocation under the terms of the NJS Pilots Enterprise Agreement.

It is important to acknowledge the hard work and commitment of your AFAP Council Pilot Reps, particularly Nick Hayes, and the preparedness of our member involved to stand up for not just his Darwin and Cobham colleagues, but for all pilots.

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Technically Speaking NEW BOM AVIATION FORECAST PRODUCTS Alex Dunbar, AFAP Safety and Technical Representative of AusALPA GRAPHICAL AREA FORECAST

AusALPA sits on the Graphical Area Forecast working group (GAF WG) chaired by the Bureau of Meteorology (BoM). The purpose of the working group is to align area forecasts, AIRMETs, and SIGMETs with ICAO Annex 3.

Following industry consultation and requests for a graphical product, the BoM has outlined plans for revised area forecast, SIGMET, AIRMET and Grid Point Wind Temperature (GPWT) products from November 2016.

The ARFOR product will be replaced with two separate products, the GAF and the GPWT. GAFs will provide information on weather, cloud, visibility, icing, turbulence and freezing level in a graphical format. The GPWT will display wind speed, direction and temperature forecasts at specific heights above mean sea level in a gridded format.

The GAF WG consists of representatives from the BoM, Airservices Australia (AsA), Civil Aviation Safety Authority (CASA), Regional Aviation Association of Australia (RAAA), Aircraft Owners and Pilots Association (AOPA), Defence Department, AusALPA and others.

The proposed area forecasts will be divided into New South Wales, Queensland and West Australia split in two, while every other state will be provided with a dedicated area forecast. The ARFOR will be limited to 10,000 feet (A100).

Upper level weather forecasts (above A100) will be supported by mid- and high-level SIGWX charts. The

GAF product will be issued every 6 hours with a minimum of 30 minutes lead for validity purposes. Two GAF products would be issued covering a 6 hour period each, culminating in 12 hour validity for the user. The primary aim is to enhance forecast view in an attempt to mitigate any possible confusion or clutter.

Rather than amending the GAF once it is issued, an AIRMET will be promulgated to notify pilots of specific changes to meteorological conditions. Collectively, the GAF and AIRMET products will work to provide both recreational and professional pilots with the operational information.

AIRMET

AIRMET changes will conform to ICAO Annex 3. These changes will include use of approved ICAO abbreviations, introduction of sequence numbers to track the validity of an AIRMET, and inclusion of the RMK (Remark) line to support the new GAF product. Another significant change is the reduction of an AIRMET to four (4) hours to align with the issuance of a new GAF. An AIRMET will be issued to report a degradation of the weather. The new AIRMET messages format will be similar to a SIGMET for moderate, rather than severe conditions. The BoM plans to produce a graphical representation of AIRMETs, similar to the current graphical SIGMET products. Graphical AIRMET products will be available in the chart directory of NAIPS.

SIGMET

The BoM will also be making changes to the SIGMET format by updating the SIGMET sequence numbers and the remarks line.

The SIGMET sequence numbering system allows for each weather phenomena to be marked with a two digit number, per Australian FIR. Each new SIGMET issued will be ‘01’ and count upwards per amendment until ‘99’. The sequence number portion will no longer reset at 0001UTC, as occurs today. More than ‘99’ SIGMETS issued for a particular event will reset numbering to ‘02’ indicating a continuing event.

These changes affecting GAF, SIGMET and AIRMET products are aimed at providing pilots and the entire aviation industry with a user friendly product, while achieving the goal of aligning ourselves with ICAO Annex 3. It is our hope at AusALPA that the industry embraces these changes, while recognising that the Bureau plans on providing the industry with clear, concise and readily available meteorological information.

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Air Pilot

Jetstar

Pilot Federation

Since we finalised the new Jetstar Pilots’ Enterprise Agreement we have seen changes in CEO, Chief Pilot and Head of Standards (as well as a variety of other senior positions) at Jetstar. The disappointing thing about this wholesale change of management is that, while we did not always agree with the former management, we were beginning to develop a more cooperative and constructive relationship with the Company.

With the most recent management changes it feels that we are starting again. Frustratingly, the Company has shown little enthusiasm for engaging with the AFAP on a proactive basis. It also seems that they have little understanding of, or care for, their obligations under the new EA. This has created an environment where even relatively

NO. 1 | 2016

small or simple matters are protracted and/or elevated to court or the commission. Examples of this include ongoing disputes over issues such as: • • • • • • •

Offsetting; Melbourne T-4 security training; iPad set-up; ATO payment summaries; Duty travel; Leave slots; Progress on a roster bidding or open time system.

We also have a range of other matters which we would like to consult with the company over.

Examples of these include finalising a new Flight Data Analysis Program (FDAP) agreement, developing an appropriate Fatigue Risk Management

System (FRMS) and the training of Qantas B787 pilots, particularly what measures are being put in place to mitigate any negative effects for Jetstar pilots such as loss of overtime and allowances. It appears to us that the current management are resistant to genuine consultation.

On a final note, we have recently witnessed an increase in serious d i s c i p l i n a r y m a t t e r s i n vo lv i n g members. We remind all members to contact the AFAP and/or a member of the Jetstar Pilot Federation Committee before attending any disciplinary meeting or providing any response to allegations. The current members of the Jetstar Pilot Federation Committee are Brook Armstrong, Ben Bollen, Alan Kilpatrick, Joe Eakins, Chris Gibson, Paul Hogan, Jeremy Vanderklift and Andrew Stein.

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rex

Pilot Federation

EBA Negotiations 2 years down the track pilots are still locked in negotiations with Rex for a new EBA. The most serious issue has been the recent change to Rex rostering practices that has led to a significant increase in multi-day trips. While pilots at Rex understand that overnight duties are part of regional flying and have always been happy to perform them, the lower pay and fewer days off associated with regional employment should continue to come with duties that return home most nights. We have therefore attempted to introduce some limits on the number of consecutive overnight duties pilots can be rostered to perform.

After reaching an impasse with the Company, pilots took the significant decision to commence protected industrial action in January. While there were 17 bans available, we deliberately chose to start with non-disruptive bans, designed to get the Company’s attention, while limiting the impact on passengers.

Unfortunately, the Company responded in a particularly aggressive (albeit lawful) fashion, by refusing to pay any pilot engaging in such a ban, even though all duties would be completed in full.

Pilots therefore exercised their lawful right to relieve themselves from duty on these days and were consequently stood down without pay.

After what we viewed as a disproportionate reaction (Rex had other options available to them), pilots were left with little choice but to up the ante and increase the seriousness of the actions.

This culminated in a day of major industrial action with 4 hour work stoppages in the morning, followed by a ban on departing aircraft with any deferred defect for the rest of the day. In practice, the second ban involved pilots refusing to depart for one hour, then changing their minds and continuing with the duty, therefore minimising the risk of cancellations.

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This day led to inevitable delays across the network and considerable media coverage. As a result, we were invited to a meeting with the Executive Chairman of the Company in late February, something that had not occurred up to that point.

At this meeting, we believed that an in-principle agreement had been reached on the key issue of limiting out of base overnights. Unfortunately, after a month of deliberating, the Company reneged on the deal offered by the Chairman, causing great frustration within the pilot group.

In an attempt to bring matters to a head, we have re-commenced the conciliation process at the Fair Work Commission, and very much hope that agreement can be reached without further industrial action being necessary. At the time of writing, a second meeting with the Company’s Executive Chairman has been organised in the hope of resolving all outstanding matters.

Cadet Case: Rex Appeal to the Federal Court Since April 2015, the AFAP has been involved in legal proceedings against Rex. The case centres on a letter Rex sent to applicants for their Cadet Program requesting that they commit to being ‘fiercely loyal and company-minded’ and to go ‘way above and beyond the call of duty’. It also mentions specific EBA conditions that applicants can opt out of to prove their allegiance to the Company. It then (alarmingly) states that ex-cadets who have accessed certain conditions are lacking in integrity, and suggests that they will therefore not be considered for command positions.

In the AFAP’s view, these threats amount to unlawful adverse action under the Fair Work Act, against both prospective cadets and graduates of that program. In response to the action brought by the AFAP in the Federal Circuit Court, Rex instructed its lawyers to apply to have the AFAP’s claim struck out, on the basis that it failed to identify

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rex pilot federation report any particular person against whom the adverse action is said to have been taken, and that the AFAP lacked standing to bring the proceedings at all.

Rex’s strike out application was heard by Riethmuller J on 12 November 2015, and dismissed on 17 February 2016.

Not unexpectedly, Rex sought leave to appeal this decision. On 31 March before Justice Jessup of the Federal Court, Rex argued that Riethmuller J’s decision was attended by sufficient doubt, such that it should be reviewed by the full Federal Court of Appeal.

Although Jessup J determined that the majority of the grounds of appeal put forward by Rex were insufficient to support leave to appeal being granted, his Honour did find that the interpretation of the standing provisions in the Fair Work Act 2009 (Cth) (“FW Act”) was a matter of considerable

importance. His Honour further noted that the issue had not previously been considered by an appellate Court (or for that matter, had not received in-depth analysis by any Court at all). On this basis, Jessup J considered that the matter should be fully argued before a full bench of the Federal Court of Appeal.

Although arguing that leave should not be granted, the AFAP is pleased that there will be a higher appellate Court authority determining the extent to which a union can represent employees in a particular industry, to improve the terms and conditions of employment. It will be particularly valuable in certain areas where we have evidence of contraventions, but where members are reluctant to identify themselves.

The appeal will be heard in August 2016.

International Federation of Air Line Pilots’ Associations

POSITION statement Problematic Substance Use Testing IFALPA fully supports an aviation industry free of substance abuse, particularly for those whose professional responsibilities are safety sensitive in nature.

Quite often the workplace is one of the last places where substance abuse is noticed. Family members, friends and colleagues most often will have noticed the problem during leisure time before it becomes evident in the work environment. At this stage peer intervention programs are an effective means of intervention and prevention as opposed to the problematic substance-use testing programs in the workplace. Testing programs introduced as a reaction to political pressure create the false perception that such testing improves safety.

I FA L PA d o e s n o t s u p p o r t r a n d o m t e s t i n g .

However, IFALPA fully supports the more effective peer intervention programs for the identification of problematic substance use with the goal of treatment and return to work.

such that the program respects the privacy and dignity of those being tested and ensures a high degree of reliability. Further information on procedures to be used for random testing can be found in the accompanying IFALPA Briefing Leaflet Problematic Substance Use Testing.

Note: The ICAO Manual on Prevention of Problematic Use of Substances in the Aviation Workplace (Doc. 9654) contains guidelines that should be followed if any kind of testing is introduced. * S e e c o r re s p o n d i n g I FA L PA B r i e fi n g Leaflet Problematic Substance Use Testing for guidance on use of reasonable suspicion testing.

In the event that an authority or operator elects to implement substance use testing programs, such programs should be limited to: • Pre-Employment Testing • Post-Accident Testing • Reasonable Suspicion Testing* While IFALPA does not support random testing it recognizes that some states have or may implement such a program. IFALPA’s position is that any random testing program that is implemented should be based on careful use of procedures that have been agreed on in advance

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ATSB REPORT

GASTRO

The Leading Cause of Pilot Incapacitation A recent ATSB research report provides insight into pilot incapacitation occurrences.

I n t h e p a s t f i ve ye a r s t h e re we re 2 3 p i lo t incapacitation occurrences reported per year on average.

Around 75 per cent happened in high capacity air transport operations (about 1 in every 34,000 flights), with the main cause being gastrointestinal illness, followed by laser strikes. Low capacity air transport had fewer occurrences with a wider variation of causes of incapacitation. These ranged from environmental causes, such as hypoxia, to medical conditions, such as heart attack.

The report uses case studies to highlight the causes and consequences of pilot incapacitation.

These case studies are an excellent sources for training and education purposes. High capacity aircraft case studies include:Gastro and dehydration in a F28 first officer, leading to feelings of faintness, and then unconsciousness for 10 seconds after reclining their seat.

A second officer on an A380 getting diarrhoea for two hours from a chicken roll provided as a crew snack.

A first officer experiencing motion sickness in an A320 from turbulence.

Partial paralysis of a first officer on a B737, resulting in reduced ability to use their left leg and right arm.

Impaired vision from a laser strike A first officer, who was the pilot flying a B787, becoming unconscious upon landing. The captain took over control of the aircraft and returned it to the centreline to complete the landing. It was suspected that the pilot had a brain aneurysm.

Pilot incapacitation can result in a restriction of flight duties in high capacity operations but with multi - pilot crews these occurrences usually had minimal effect on the flight. In single pilot operations there could be more serious consequences such as collision with terrain.

The report also recommends effective ways to manage pilot incapacitation, across all levels of aircraft operations.

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Safety message

In high capacity air transport operations, the practice of ensuring all pilots on the same flight eat different meals prior to and during the flight has been an effective defence preventing all pilots on the same flight becoming incapacitated at the same time.

Providing pilots with training in dealing with incapacitation events has been effective for when these events do occur. Pilots are also encouraged to report laser strikes to police and the Office of Transport Security.

In low capacity air transport operations, providing emergency training to non-flight crew, such as aeromedical nurses, is an important defence in case of pilot incapacitation.

Read the research report AR-2015-096 Pilot incapacitation occurrences 2010–2014 Â

ATSB Airline Pilot Safety Culture Survey

The ATSB is currently conducting a survey on Australian airline (RPT and charter) pilot experiences and safety culture. The ATSB last conducted a survey like this in 2003, so the results will establish a significant bench mark for the state of aviation safety in Australia.

The results of the survey will be published to document safety perspectives and experiences from the past 12 months. The survey will take approximately 15 minutes to complete. Responses will assist the ATSB to identify the strengths and areas for development in the aviation industry, with the key aim of improving aviation safety. The responses will also inform you of the current experiences of pilots within your industry.

Participation is voluntary and all responses will be anonymous individually and by operator. The responses will be published in aggregated form as multiple research reports on the ATSB website.

To complete the survey, please go to: https://www.surveymonkey.com/r/ATSBSafetyCultureSurvey

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NO. 1 | 2016

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FATIGUE REPORTING: MORE THAN MEETS THE EYE Dr Rob Hunter, BALPA Head of Flight Safety There is more to pilot fatigue reporting than meets the eye. In this article I’ll describe some of the areas that we are currently investigating prior to the production of guidance to members that will be issued later this year.

GENETIC FATIGUE Many of us have the idea that how tired we are is entirely a result of how much sleep we have had, our recent workload, where we are in our circadian rhythm of sleep and wakefulness, and any medical and psychological issues such as illness and stress. However, there is an additional factor.

Experiments that have measured people’s performance on certain vigilance tasks have found that with increasing sleep deprivation some people have their performance more affected than others. This wider than expected distribution of results, and the results of other work on sleep in animals, has led researchers to investigate how the genetic make-up of persons affects their resistance to sleep deprivation. The current situation is that we know that resistance to sleep deprivation and many other allied biological processes within our bodies are to some degree genetically determined.

The identification of the genes involved and the understanding of their role is a scientific hot topic. An implication of this science is that

NO. 1 | 2016

when a pilot reports fatigue they may be saying something about their individual genetic make-up.

This creates the potential for an employer to discriminate against a n i n d i v i d u a l w h o t h ey m a y infer to be less suited to sleep deprivation. In other areas of our working lives there are protections in place to ensure that persons are not discriminated against on the grounds of their genetic make-up: the sex discrimination laws are an example of this. As we go forward with the new EASA FTL scheme, where pilot reports of fatigue are a key part of the control of the level of safety of the scheme, we need to be sure that the ethical and legal protections of this data are in place.

SAFETY ABOVE PROFIT There is a further reason to be cautious. Pilot fatigue report data can have a value beyond the airline’s internal use; the data has commercial value. Airlines may employ fatigue risk management (FRM) companies that may represent themselves to pilots as having a pure research interest; however, they can potentially use the pilot data to develop FRM products, such as computer models,

that can be sold to other parties.

The problem is not simply one of discourtesy in not telling the pilot that someone may profit from their fatigue report.

The principal customers for FRM models are the airlines, and in this regard there may be commercial pressure and competition amongst FRM companies to produce models that extract the most amount of flying for, according to the FRM model, an acceptable level of safety. It is in the pilot interest that their fatigue reports are used fairly so that any reports that may inform the production of a less fatiguing model are properly weighed and not discounted due to commercial pressures acting within the FRM company.

The detailed workings of such FRM models is, understandably, commercially sensitive, so it is vital that there is some independent arrangement for checking these m o d e l s . At t h i s t i m e we a re not persuaded that such an arrangement exists Original article by BALPA’s Head of Flight Safety, Dr Rob Hunter, appearing in The Log spring 2015 edition. .

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Joseph Wheeler, AFAP Aviation Legal Counsel & HAAG Inc Treasurer In the past months the HAAG (HIMS Australia Advisory Group Inc) has, together with Virgin Australia, hosted another renowned medical specialist in the field of addiction, and taken strides towards its own subject matter expertise and objectivity as an advisory group by reaching out to entities in Australia to shape how drug and alcohol addiction is treated by air operators, insurers, the regulator, and the general public. This brief summary describes the meeting and current work.

The February meeting in Brisbane hosted by Virgin saw Dr Navjyot Bedi MD, from the Talbott Recovery Campus in Atlanta, USA explain how substance abuse disorders develop within the middle brain. This was a well attended meeting and the management support from Virgin was appreciated. Dr Bedi explained that when “neuroadaptation” (addiction) occurs, the individual no longer has control; the brain has effectively been “hijacked” once the neural pathway has been established over a period of time. This insidious nature of addiction is why the HAAG takes its work so seriously.

Dr Bedi also talked about the extensive and world leading assessment and treatment provided at Talbott.

Pilots in treatment have semi live-in residential treatment surrounded by other professionals, rather than the general community. This is an important element of the success rate for pilots who attend Talbott, in comparison to other treatment facilities.

The group was given a presentation

by Matthew O’Keeffe who represents GA and who, along with Julian Hipwell, has been proactively engaging with GA operators including the RFDS on how the HIMS principles could be adapted and worked into existing drug and alcohol management policies and procedures. Matt and Julian’s work is exemplary and served to communicate the passion required to ensure all corners of the industry understand and recognise the benefits of HIMS for their own and their colleagues’ health. Matt and Julian will lead a roadshow starting in May to build support for HIMS in the regions and with smaller operators.

Dr Mike Atherton’s presentation discussed and clarified some of the less well understood aspects of HIMS: for example, that the medical testing regime for regulatory purposes will be unchanged as regards a HIMS approach 34

We encourage you to get in touch compared to the status quo, and is with a member of the HAAG to learn reliant on Part 67 of CASR. In a postmore and support this valuable work HIMS world the same criteria must geared towards saving pilots’ lives in be met to return to work under the Australia. regulations, however what is different is that there is less of a process now available to convince CASA that you HIMS Advanced Topics are not in breach of Part 67, and thus Seminar meet the relevant standard. HIMS provides that evidence of meeting the Captain Matthew O’Keeffe standard. Incidentally, HIMS is much In early April I attended the HIMS like the existing pathway back to Advanced Topics Seminar in Dallas medical clearance after comprehensive (USA) in my role as HIMS Australia medical testing that pilots must engage advisory group (HAAG) General Aviation in following a positive CASA random representative. breathalyser test under Part 99 (minus Attendees and presenters the same level of supervision and peer included aviation medical examiners, support). psychologists, psychiatrists, Recovery S i n c e t h e la s t m e e t i n g , t h e Centre representatives, the FAA, Germanwings accident investigation companies and pilots. Topics included report was released, with some salutary addiction, best recovery methods, lessons for the treatment or lack of history and statistics within HIMS, engagement with aeromedical issues by current programs within US airlines and regulators, loss of licence insurers and legislation advancement. the public at large. This has solidified I also visited the Talbot Recovery the need for further engagement by the Centre in Atlanta where I was very HAAG with loss of license insurers to impressed by their comprehensive, advocate for treatment payment access, multi-disciplinary and individuallytailored approach to helping pilots (and and resulted in more much needed other professionals) seeking recovery public attention on pilot welfare and from addiction. The level of care shown mental health issues generally. by staff at the centre was moving.

Confusion still exists around I met with SoberLink HIMS and its purposes. Work that the representatives to learn more about HAAG is doing seeks to ensure that their device that is an aid to recovery. that confusion is removed through a Everyone involved in USA HIMS has systematic and multifaceted program of shown commitment towards helping education for all aviation stakeholders, Australian pilots and this is greatly and promotion of the system’s benefits appreciated. through a variety of publication For further information please feel methods and sources. free to phone or email me (matthew.

For example, through a Grant okeeffe@afap.org.au).

Agreement presently being negotiated with CASA, the HAAG will be able to access marketing and business development tools and resources to be able to reach out to pilots and provide them with detailed Q & A material.

The HAAG is also working on written g u i d a n c e m a te r i a l and policy documents explaining what the HAAG’s views are on the system itself and how it might best be adapted for Australian circumstances and Captain Matt O’Keeffe (center) meeting with US HIMS representatives Australian pilots. in April

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Sectors Ifalpa press release FALPA Supports ICAO’s Prohibition of Lithium-Ion Batteries as Cargo on Passenger Flights MONTREAL, Canada – The International Federation of Air Line Pilots’ Associations (IFALPA) supports the International Civil Aviation Organization’s (ICAO) important decision this week to prohibit lithium-ion batteries as freight on passenger aircraft, but feels more needs to be done to address the safety of shipments on cargo aircraft. Both lithium-ion and lithium-metal batteries continue to be permitted in unlimited quantities on cargo aircraft, despite the demonstrated risk these shipments pose.

“We are extremely gratified that ICAO has acted on this long-standing safety concern, moving to protect passengers and crews from the dangers posed by shipments of lithium-ion batteries”. said Mark Rogers, IFALPA’s Dangerous Goods Committee Chairman.

The prohibition was first proposed by IFALPA to the ICAO Dangerous Goods Panel in 2009, and again in 2015.

“The risk these batteries pose is the same regardless of the aircraft type, however, and we now call on ICAO to extend the same protections to cargo aircraft”, Rogers continued.

IFALPA supports a long-term solution to develop packaging that will ensure lithium batteries can be shipped safely on both passenger and cargo aircraft, and is committed to working with ICAO and the SAE International to develop the appropriate standards. We urge ICAO to continue this important work, and to extend the prohibition to cargo aircraft until this standard is developed and fully implemented for all lithium battery shipments.

NO. 1 | 2016

Ifalpa press release SHK Accident Investigation: IFALPA and ECA strongly condemn publication of CVR transcript in an ongoing investigation interim statement MONTREAL, Canada – BRUSSELS, Belgium - The International Federation of Air Line Pilots’ Associations (IFALPA) and the European Cockpit Association (ECA) strongly condemn and regret the publication by the investigating authority SHK of the Cockpit Voice Recorder (CVR) preliminary transcript recorded during the last 1min 15sec of the West Atlantic AB CRJ-200, ¨Air Sweden 294¨ accident which occurred on 8 January 2016.

Not only does the publication contravene the internationally agreed principles of accident investigation confidentiality, set out in ICAO Annex 13 and EU Regulation 996/2010, but it unnecessarily adds to the burden of the victims’ families, and is also a breach of trust to all those involved in commercial aviation.

The relevant framework (Annex 13) for accident investigation by the International Civil Aviation Organization states under 5.12 and 5.12.1 that CVR content shall only be disclosed if “pertinent to the analysis of the accident or incident. Parts of the records not relevant to the analysis shall not be disclosed”, and therefore only in the final report.

IFALPA and ECA thus call the CVR transcript publication unwarranted, premature and unacceptable.

In this early stage of the investigation, many critical questions remain to be answered. IFALPA and ECA call for adherence to the proper accident investigation process and expect a comprehensive and accurate analysis of events based on the highest professional standards.

IFALPA and ECA remain fully committed to enhancing aviation safety and our organisations’ resources are at the disposal of the Accident Investigation Agencies to achieve this aim.

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Member assistance program

A free and confidential counselling service for AFAP members and their families, tailored specifically for pilots.

The Membership Assistance Program (MAP) has just completed it’s inaugural year as a resounding success.

More than 20 pilots and/or their family members have utilised the service, sometimes just for one session, others for more intensive and ongoing treatment. All of those canvassed about the service said they found the service extremely helpful and beneficial.

MAP is unique when compared to employer funded IAP programs as you can be completely confident in total confidentiality and discretion, as well as added flexibility, as the AFAP may extend the support available as our members need it.

The service can be utilised per issue, so AFAP members can benefit from professional counselling whenever they need it and this may be over multiple occasions in a pilot's career. The primary issue that most pilots and their family members have been in contact with the service about so far pertain to relationships issues. Pilots face unique relationship stressors as a result of time spent away from home, night work and base transfers. Relationship issues can often be inter-related with depression and anxiety and increased alcohol use. The MAP program can also provide support for work related issues, even if it is just an objective

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and confidential professional to bounce ideas off, or to de-brief with post a meeting with your employer. MAP has also proved an indispensable resource for some pilots post incident, as they can provide specific critical incident response for pilots involved in an accident or incident. The benefits of professional counselling are manifold- you can improve your relationships, gain strategies for overcoming hurdles at work, reduce depression and anxiety, increase productivity and optimise your overall performance as a professional.

Pilots face particular stressors in their work sometimes.

Further, 1 in 4 Australians has a mental health issue in their life time. It is important that our members continue to make good mental health and wellbeing a priority in 2016, and the AFAP will continue to devote ourselves this year to further developing our welfare portfolio of benefits for our members. Look out for more details coming up about our drug and alcohol intervention, the HIMS program, as well as our burgeoning welfare council roles.

If you have an questions about the welfare portfolio, do not hesitate to call Cate Larkins at the AFAP office on (03) 9928 5737

Air Pilot

membership news NEW WEBSITE

ASK THE EXPERTS

Keep your eye out for our new website!

We have been working very hard on it, and it is due to go live mid-year.

Got an aviation-related question you would like answered? Or perhaps an issue that you would like to see covered?

Our new website will have much more functions. You will be able to manage your membership on it, and much more easily peruse all of our content. There will also be a forum to discuss issues with representatives.

Ask us about any topic and we will try our best to get one of our Industrial, Legal, Safety & Technical experts to answer it.

Email emma@afap.org.au

UPCOMING AFAP ACCIDENT & INCIDENT TRAINING DAYS // CAIRNS

9 JUNE 2016

MELBOURNE

7 JULY 2016

PERTH

7 SEPTEMBER 2016

TWEEDHEADS, NSW

6 OCTOBER 2016

The AFAP’s Accident & Incident (A&I) Training is open to all members who would like to understand: • • •

Their rights, responsibilities and obligations in the case of an accident or incident, The regulatory framework underpinning accident investigation in Australia, and; The practical steps necessary to follow in order to protect your interests in the event of an accident or incident.

To register for any of the 2015 A&I Training courses please email Operations Manager Joanne Janes (joanne@afap.org.au). The course is only available to AFAP members.

NO. 1 | 2016

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