NO. 2 | 2016
AIR PILOT Rogue Drones and Lax Regulations
The Journal of the Australian Federation of Air Pilots NO. 2 | 2016
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AIR PILOT CONTENTS// 2
president’s view
FEATURES 12 Rouge DRONEs The Journal of the Australian Federation of Air Pilots
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20 2016 CONVENTION
NO. 2 | 2016
REGULARS
EDITORIAL STAFF
3 WELFARE
Co-Editors: Emma Young, Serena Seyfort and David Stephens 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.
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26 PILOT HEALTH 27 Technically Speaking 31 MBF 34 IFALPA
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AUSTRALIAN FEDERATION OF AIR PILOTS 4/132-136 ALBERT RD SOUTH MELBOURNE VIC 3205
www.afap.org.au
36 LEGAL
council reports 7 tigerair COUNCIL
SEND TO AIR PILOT
8 Virgin council
Email emma@afap.org.au if you would like to contribute to Air Pilot.
14 helicopter council
All suggestions, ideas, articles and advertisements are welcome.
24 National COUNCIL
The deadline for the next edition is 31 March
16 hims 25 Fatigue update
Printed by: Paterson Press (Tripart Marketing Pty Ltd) Designed by: Serena Seyfort Art production by: Art Help.
T +61 3 9928 5737 F +61 3 9699 8199 admin@afap.org.au
10 THE WOMEN’S NETWORK
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18 REX COUNCIL 28 COBHAM COUNCIL 30 sunstate council 32 jetstar council
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33 EASTERN COUNCIL 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. 2 | 2016
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the
President’s View//
Captain David Booth Dear Members,
We recently had the pleasure of hosting the IFALPA Helicopter Committee Meeting in Melbourne, followed by the IFALPA Asia-Pacific Regional Meeting in Sydney. I attended both these meetings and was lucky enough to see and hear first-hand the amazing work that pilot representatives from around the world, and the Asia-Pacific region in particular, are doing on behalf of our profession. A special thanks to AFAP Helicopter Chairman, Captain Matthew Nielsen, for bringing the IFALPA HELCOM to Australia. AusALPA is now having significant influence on helicopter policy development through the work of this committee. When I say “we”, I mean AusALPA. IFALPA only recognises one member association from each country and the Australian member association is AusALPA. While the AFAP is a foundation member of IFALPA, that was at a time when there was only one pilot association in Australia. AusALPA is a partnership between the Australian Federation of Air Pilots (AFAP) and the Australian and International Pilots Association (AIPA) to cooperate and share resources for IFALPA purposes and on the safety and technical front more generally. This partnership is growing with each year. Hopefully it will one day lead to the reformation of one unified pilot association within Australia. You will find a more detailed update from the IFALPA related meetings within this edition of AIR PILOT. I highly recommend this article to you. While reports of our recent legal successes at Rex and CHC may seem more in line with our core functions, this IFALPA work is also of critical value to all members. It is through our IFALPA membership that we can provide effective support to members in the case of an accident or incident in an overseas port. It is also through our IFALPA membership that we benefit from the extensive resources and policy advice of a global pilot Federation supporting 100,000 pilots. Right now, IFALPA is campaigning to mitigate the push for multilateral “open skies” air service agreements within the ICAO Air Transport Regulation Panel (ATRP). These multilateral agreements have the potential to send global aviation down the path of the shipping industry: the “flag of convenience” model where an airline of one country employs crew from another country under their labour laws, with safety regulation and oversight carried out by yet another country, without the need for it to operate into any of these. Understanding these threats and working with others to combat them is a benefit to all Australian pilots and our profession. The AFAP will be lobbying the Government regarding these concerning developments in due course. In this edition of AIR PILOT you will also find articles and updates on all the great work which your AFAP pilot representatives and staff are doing across the broad range of our industrial, legal, technical and welfare services. As we approach the end of the year I wish you all a safe and happy Christmas and a prosperous New Year. Yours sincerely
Captain David Booth
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troy’s journey SFO Troy Mussio, AFAP Member With some degree of fear and trepidation I submit my story for the consideration and eventual scrutiny of others. Given a similar situation, I am sure many would perhaps elect to not share their story and perhaps enjoy confidentiality. I respect that completely. However, the fear of the unknown is never productive and today we still have an element of the unknown when it comes to mental health. In this respect, the aviation industry is still grappling with the problem and how to deal with it. In sharing my story, I trust it opens more eyes and ears and helps to promote awareness of the problem among our collective group of peers across the broader aviation sector. As we now know, mental health is insidious when ignored and untreated and it does not discriminate.
A dark year I had just completed an annual line check – one of six checks given that I was flying two types concurrently – and had recently returned to my home away from home. I was on my usual two-week tour on base on the North West Shelf of Australia and about half way into it. Seven days until I got to fly home. For some time, things were not right and they hadn’t been for a long time. But, what exactly does it mean for things to be not right? Was it the regular traveling away for work? The stress of too many checks? The stress of extra workload? Issues with family? Friends? For me, it was almost everything and all of the above and what I didn’t realise at the time was just how close I was to the edge of a precipice. That night was the inevitable beginning of a downfall which would take me nearly a year to get through and overcome.
NO. 2 | 2016
Having finished showering and not feeling particularly well I made my nightly call to my wife back on the east coast. This call, however, would be different. I’d been living with an immense and crushing amount of stress that had slowly accumulated over a long period, perhaps in the vicinity of 18 months, and it had finally taken its toll on my now fragile health. In the shower I had felt oddly faint and dizzy, weak at the knees and quite anxious. A period of uncontrolled dry retching followed before I was able to somehow calm my system and compose myself enough to turn off the taps and get out of the bathroom. On calling my wife, when she asked if I was ok I admitted for the first time that I wasn’t and broke down over the phone. Thankfully, a good friend of mine was on base at the time and he came over at my wife’s request to check on me. He was aware that I had had ‘a lot on my plate recently’ and he was concerned enough to help me get home as soon as possible and try and sort myself out. But what on earth causes a person who is used to operating at high levels of stress as a pilot to break down and fail to cope. The catalyst was a series of events a year or so prior.
The year prior I remember the call vividly from my now estranged father, telling me that my uncle’s terminal cancer was advanced and that he was ‘finished’ – a maximum of six weeks to live, if that. Whilst we had expected the news to be forthcoming it is not until you actually get hit with it that takes the wind out of you and becomes quite sombre and very real. The whole concept of death still haunts me given the absolute permanency of it.
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Arrangements were made for annual leave and my wife and I made our way to the palliative care unit interstate to spend time with my uncle. Sadly, for many within our small family, my uncle and his siblings had not ever been a homogenous family unit. For decades, disagreements and long standing bad blood had left them barely able to talk to each other. I recall one visit to the family farm where my now wife was introduced to my uncle for the first yet my father refused to come inside the farm house and remained outside. It was my uncle’s death which would eventually be the event that would prove be the real boiling point. My wife and I were the unfortunate ones now caught in the middle. In no time at all, my uncle passed away and succumbed to the cancer that had completely riddled his now weak and thin body. No longer the tall, strong, heavily built farmer, he had now wasted away to a fragile and gaunt character barely able to feed himself or sit up in bed. I recall one of his final outings where we wheeled him out in a wheel chair for lunch and he felt every crack in the foot path through the wheel chair tyres which he described as being near agony. His eventual passing was thankfully quick, though not painless, and we buried him close to his parents per his request in his will. Sadly, some family members even boycotted his funeral and refused to help with arrangements. In my uncle’s final weeks, and unknown to me at the time, my uncle had changed his will and allocated a good portion of his modest farming estate to me. I had also been made the executor of his will – something I knew little about but would soon discover w a s a r e s p o n s i b i l i t y b ey o n d compare, especially when feuding family members are involved. What ensued was a year of legal wrangling and threats, insults and broadsides and an immense administrative workload that was relentless. This, whilst trying to simultaneously manage a large farm that was interstate, in disrepair and with an estate that was very low on funds. It just became too much to handle.
wife and I planned to start a family in. Coupled with the everyday challenges of touring it proved to be all too much in the end. Somewhere along the way I had also became too busy to mourn my uncle’s death and process his passing.
The big fall Following on from my first episode of not feeling quite right, I took two months off and sought some help from a professional health practitioner. Whilst my flight crew licence had been temporarily suspended on medical grounds, I soon began to feel somewhat better for the time off and was ready to return to work, or so I thought. Rushing back to work in the pursuit of a much needed sense of normalcy proved to be a mistake. The weekend prior to returning to work, my wife and I had endured a stressful event with a family member that became the tipping point for a frightening deterioration in my health. Thinking that her husband was ignoring her calls to hurry up in the bathroom before dinner, my wife found me at the base of the shower recess in our ensuite in a semi-conscious state. I was hyperventilating, unable to physically stand up and barely capable of coherent speech. My upper body and arms tremored and shook like someone with advanced Parkinson’s disease. The prolonged exposure to increasingly high levels of stress had taken its toll and it finally floored me, quite literally. It was the start of downhill spiral into a world that I had not been in before. The previous 12 months of stress and resulting fatigue eventually robbed me of every last modicum of energy my body had. In every sense, I had been physically, mentally and emotionally exhausted and my system reached an absolute breaking point. My body was the empty aluminium coke can that had slowly been packed under one brick followed by another brick followed by another. Eventually, the load becomes too much and the can is crushed. For the following few months I endured debilitating bouts of anxiety and tiredness that just didn’t seem to improve. Sleepless nights became the norm and often I was surviving off a few hours of broken sleep, interspersed through the day with what I called ‘exhaustion naps’ – mini sleeps that came about only because of complete and utter exhaustion, though rarely lasting for more than half an hour. I had even resorted to trying sleeping tablets to no avail. I simply wasn’t getting better and merely moving sideways into an unknown quagmire of insomnia, anxiety and fatigue. In some ways it was also like someone had done a ‘control-alt-delete’ reset on my brain.
The long road back Eventually, the health professionals I had engaged began to find things that worked to help drag me from the desolate mind space I found myself. It was painfully slow going, but the worst of my symptoms began to improve. Treatment from my DAME, coupled with regular sessions with a psychologist paid small but increasing dividends. I had to accept that I was starting from
Somewhere in amongst the family chaos resulting in the death of my uncle and managing his estate, I was still managing to fly two types of aircraft at work, contribute to negotiations for a new Pilot Enterprise Agreement on our pilot committee and oversee the building of a new house that my
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Air Pilot
scratch in many ways and the path to rebuild would be gradual but slow. At my worst, I struggled in the basic task of making a cup of tea for myself. Its then that you know how low you’ve sunk. Slowly but surely, with some of the stress removed, I showed signs of recovery. I began to sleep more than a few hours a night and the anxiety attacks that were once completely controlling were able to be managed. The patches of hair on my face that had fallen out began to grow back and other internal health issues too unpleasant to mention also began to subside. Despite my sheer reluctance I had to let go of virtually all work loads and hand them off to other people. For a period, my brother and wife dealt with our legal firm for matters relating to my uncle’s will and friends at work liaised with me and my employer in certain circumstances. I had to give my body and mind the best chance of recovering and the only way was to remove as much work and stress as possible and return to basics. A year on, following a lot of hard work from myself and many people around me, I was able to have my medical reinstated by CASA and I returned to work. I remember the logbook entry vividly – Feb 22 nd, 2014 – EC225 - ZFD - M. Strong/Self - YBWX-YBWX (Re-familiarisation training). Two days later I passed my Instrument Rating Renewal and a day after that I was back flying the line, albeit on a single type. I was back. Whilst it is abundantly obvious to most that we are all different as individuals in more ways than one the events of my dark year needed to be talked about. I had to get it out in the open before I could get it behind me. Some might prefer to bottle things up for whatever reason however a maxim a friend shared with me seemed to ring true – a problem shared is a problem halved! Personal pride in keeping serious personal problems secret is akin to laying on a grenade. Eventually it will go off with devastating consequences. Through my year of recovery, prior to returning to work, I also returned back to the basics. The little things like enjoying an unrushed morning shave in front of the mirror, smelling coffee brew as you read the newspaper, taking the time to engage with a friend or a loved one without distraction. It was the little things that needed to become the big things. I was fortunate that several good friends took an interest in my situation and it proved to be vital. I accepted the invite to stay with friends’ interstate for weekends away and on friend’s farming properties doing things I used to enjoy before life became hectic and overly stressed. Over time, I had to rediscover the things that were once enjoyable and start doing them again. Filling my life with endless amounts of work had not been productive from a coping perspective and it would have to change long term if I was to recover permanently. Given the benefit of hindsight I was quite fortunate that I was surrounded by so many good people. I had friends who took an interest in my health, a company that afforded understanding and support and a wife who was unwavering and strong. Without any of the three latter levels of support it is likely I wouldn’t be back where I am today. Whilst as pilots we generally enjoy and thrive in the natural stresses present in our everyday work environment we need to acknowledge that we are not immune to overload. In the male domain, particularly with a generational gap that can exist in some quarters, we need to foster an environment that discourages blind bravado and instead seek to endorse and support the strength to admit when something is not right, either in ourselves or with a colleague. Simply trying to blindly
NO. 2 | 2016
bulldoze one’s way through a myriad of problems often leads to more damage than good. In my experience, despite the obvious stigma attached with visiting a ‘psych’, it proved to be invaluable. Session after session was cathartic in the sense of unloading the stress and angst of the previous 12-18 months. Eventually, every previous problem and issue was out in the open and the individual problems that had plagued me were resolved in due course. In every respect, seeking professional help early on was a critical factor in my recovery. My advice to anyone going through a difficult time is to not bottle it up or ignore the problem but to acknowledge it. Resignation simply prolongs the issue and compounds it. Start with a friend or loved one and be honest. Often, the simple sharing of a problem helps to get it out in the open in order for solutions to be found. I didn’t have many of the answers to the questions and problems I faced however once out in the open those around me helped to find the solutions I needed. Like-wise, as friends and colleagues to many, we as individuals need to take action if we suspect someone is struggling or showing signs that they are have changed in some negative way. I remember early on being asked by a long term mate if I was alright and when I said no, he knew something was seriously wrong and he immediately drove three hours to spend some time helping. Recently my wife had a work colleague commit suicide and he left behind an estranged wife and two young children. I can’t imagine the desperation one must feel in deciding to end their life however I doubt there is nothing that could have been done to help him in his time of greatest need. And what of those left behind to pick up the pieces? This is one of the devastating outcomes for those who choose to bottle up their problems for whatever reason when it all becomes too much. Had anyone told me a few short years ago that I would go through such a difficult time and be incapable
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welfare of flying for a year, I’d have thought them completely mad! However, many of us face difficult times at numerous times in our lives. In Australia, current statistics from Beyond Blue suggest that 1 in 8 men will suffer from depression and 1 in 5 will suffer from anxiety. The statistics for women are not much better. What surprised me most was how many fellow pilots came forward to compliment on my courage in admitting that I had a problem and they too had probably been best to have taken time off in the past yet they persisted in continuing to work for whatever reason.
The upshot Ultimately, the message to others in the industry is simple. We need to continue to work towards an awareness of mental health issues and work towards minimising the stigma associated with it. No one would ashamedly admit to suffering from cancer so why do many feel hesitant to admit to suffering from something like depression or anxiety? This has to change. From a business perspective, support for staff facing a mental health issue is critical. Workplaces that can provide real support and assistance are rewarded long term with more engaged and loyal staff who believe that they will be supported in a time of genuine need. Even the simple act of providing access to professional counselling services goes some way towards helping those staff who may need a hand during a very difficult time. Occasionally, exceptional circumstances may also require excursions outside of negotiated positions in workplace agreements in order to assist an effected staff member.
In any case, and regardless of my situation and experience, the message I would most strongly advocate is as follows: 1) There is help and support available from a wide variety of sources – make use of it, 2) People can work through their problems, particularly if they bring in other people to help, 3) It is completely ok and important to recognise and ‘call’ an issue – don’t hide or mask a problem, and perhaps most importantly 4) People can in most instances return to work after having suffered from a mental health issue and most learn to live with their previous health issues or grow to be symptom free in a short time. More than two years on, with the severe stress of the past removed, my life has returned to normal. The aviation career I worked so hard for is seemingly back on track and thanks to the retirement of an older type I’m again back to flying a single aircraft type. My wife and I also have a beautiful little boy in our life who has helped us gain much needed perspective into what is truly important in life. Whilst we all expect there to be the inevitable hiccups in life from day to day I am now more aware of my own limits and when action needs to be taken. The other lesson learned - use a public trustee when it comes to administering a will!
WELFARE UPDATE The welfare portfolio at the AFAP is well on the way to meeting our goal to provide the best pilot-specific welfare support in the country for our members within the next 12 months. Convention saw a unanimous vote that will allow the election of a Welfare Director to sit on Executive. The Welfare Director will drive welfare policy in the AFAP, and will be a current pilot with a particular skill set and drive to implement changes for our pilot members. Watch this space for information about having your say on who this person will be, Our Welfare Representative C o m m i t te e h a d a s u c c e s s f u l intensive training session on 5 August 2016 in Melbourne. Close to 30 staff and welfare reps discussed their knowledge of pilot mental health, including how to create safer work places, break down stigma about mental illness and look out for colleagues needing help. The welfare reps in your council are listed on the AFAP’s new website. Call them for a confidential chat about anything welfare related, including concerns
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about a mate or welfare risks in your workplace. Our welfare reps are well utilised, and have found themselves supporting their pilot colleagues who have been on WorkCover for extended periods, struggling with depression, anxiety and long term physical illness or suffering bereavement. They offer a listening ear and practical help such as liaising with the Company about extra leave and refer to the AFAP’s successful Membership Assistance Program (MAP). MAP continues to be accessed by members. 10 new re fe r ra l s h ave b e e n m a d e i n the last quarter. There are 22 A FA P o p e n c a s e s w i t h t h e p s y c h o lo g i s t s . Re l a t i o n s h i p issues and work related stressors continue to dominate as the main reasons our members access the services. Anecdotal evidence tells us that: • members are very satisfied with the service • many of these members have never spoken to a psychologist before • most are male
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telephone counselling is the preferred method of contact.
MAP also now contribute to the AFAP’s Incident Response Plan. Critically, MAP can have a psychologist consultant available for our members involved in an accident or incident within 2 hours, 24/7. Immediate psychological support after a traumatic event is shown to cut Post Traumatic Stress Disorder diagnoses by some 70%. Your welfare is paramount to the AFAP. The commitment of our President, Executive and staff to the continued growth of our welfare portfolio attests to this. For questions about the AFAP welfare portfolio call Cate Larkins on 03) 9928 5787 Finally, we intend to integrate MAP and the HIMs program. We expect the programs to cross-refer and support each other.
Contact MAP, the free, totally confidential counselling service, 24/7 on 1800 424 635
Air Pilot
TIGERAIR
Pilot Federation
Tigerair pilots approve Integration Proposal A majority of the Tigerair pilots (91.3% of pilots voted with 65% of Tiger pilots voting in favour) have recently voted in favour of a variation to their existing EBA which incorporates the terms of the Integration Deed agreed between Virgin, Tigerair and the unions earlier this year. This is a welcome result for both pilot groups and means that Virgin pilots will have direct access to opportunities at Tigerair in the future (behind existing Tigerair pilots) based on their GDOJ. Similarly Tigerair pilots will join the bottom of the Group Pilots’ List and be provided reciprocal access to vacancies within the Virgin Group, based on their position on the Group Pilot’s List (GDOJ of 8th April 2016 for existing Tigerair pilots). Due to the current resourcing constraints and extensive training plans at both operations, the integration arrangement will not commence until July 2018. After July 2018, external recruitment of pilots into the Group or Tigerair can only occur once the pool of suitable internal candidates across both the Group and Tigerair has been exhausted. In the meantime, any vacancies at Tigerair that are not filled by existing Tiger pilots can only be offered to temporary contract pilots,
NO. 2 | 2016
who will have a contract termination date no later than 1 January 2019. The use of contract pilots to fill the void until Virgin pilots can be released or until existing Tigerair pilots meet the upgrade criteria, while negatively perceived, will ensure that progression opportunities for Virgin and existing Tigerair pilots within Tigerair are not lost indefinitely as they would be if Tigerair engaged permanent pilots to fill these vacancies. Additionally, a contract pilot may only remain beyond 1 January 2019 where the pool of suitable Virgin Group and Tigerair pilots has been exhausted. In such circumstances, the contract pilot could only be offered permanent employment as a First Officer and their Group Date of Joining would be the date they commence permanent employment. This ensures that contract pilots cannot stay on in permanent Line Captain roles at the expense of existing Tiger and Virgin pilots.
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Pilot Federation
Wide Body EBA Closing in on a Vote The Company has tabled to the unions its final offer and is committed to releasing a Wide Body EBA for consideration of pilots on the A330 and B777 by Christmas. The Wide Body EBA is needed to facilitate the introduction of the Abu Dhabi, Hong Kong and Beijing flights for the A330, intended to commence in June 2017. The Company needs pilots to agree to amend the current A330 work rules to allow for augmented crew provisions and longer international trips. The offer includes priority for pilots on both the A330 and B777 to access positions on any replacement wide body fleet. The unions will spend time reviewing the details of the proposed EBA and a final meeting is convened for the week prior to Christmas with the hope of reaching agreement. In the event the AFAP elect not to support the offer the Company intend on releasing the document for a voting in January 2017 anyway given the tight timeframe. The AFAP have released detailed updates on the Company offer and will conduct road shows in early 2017 to provide direct explanation of the final document.
Interim Pay Increase for Virgin Narrow Body Pilots During the latter half of this year it became obvious that the Narrow Body EBA negotiations were hindered by a lack of company resources and overshadowed by a myriad of other projects and changes taking place in the business over the next 12 months, to the detriment of the pilot group. Accordingly the AFAP negotiating team formally wrote to the Company to propose the payment of an interim pay increase for all narrow body pilots to give it some breathing space to focus on other initiatives for the remainder of this year. The Company has recently agreed to pay all Narrow Body Pilots a 2% pay increase, back paid to the first pay period after 1 July 2016. Significantly, in return for this increase the Company is not seeking any increased productivity or concessions to the current Short Haul EBA, meaning that until a new agreement is negotiated narrow body pilots will continue to enjoy all of their existing conditions. The AFAP, VIPA and the Company have entered into a formal agreement confirming the
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terms of this interim increase which includes a formal undertaking by the unions that no industrial action will be taken prior to 30 June 2017, and a commitment that narrow body negotiations will resume in April 2017 with a with a view to reaching a new agreement by 30 June 2017. The AFAP believes this is a good result for the pilot group in the current environment, particularly where up until now the company has consistently maintained any salary increases are to be offset by productivity. Further, the pause in the negotiations will allow the company to catch its breath and return to the negotiating table with more accurate and credible data/information. This will ultimately result in a more stable and sustainable EBA for narrow body pilots in the future.
Company Seek Agreement to Transfer VARA ATR Rockhampton Flying to Alliance The VARA ATR operation has been facing the combined impact of increased attrition, difficulties with recruiting in a competitive environment and resource restraints within its training department. The net result is that the ATR operation is under crewed to perform its current flying.. The consequence of this on the line has been greater duty hours, reduced access to annual leave and an overall decrease in lifestyle for ATR pilots. The Company, recognising this is unsustainable, has proposed the AFAP agree to all ATR Brisbane to Rockhampton services transferring to Alliance aircraft from early next year. The above proposal comes on the back of the AFAP agreeing to wet lease the ATR Emerald flying to Alliance in April this year. The decision to agree to the wet lease the Emerald flying created significant concern amongst the ATR pilot group, and the proposal to outsource further ATR flying is contributing to a rising level of uncertainty amongst the ATR pilot group regarding the ATR’s long term viability. The AFAP see an opportunity out of this proposal to enhance lifestyle and short term career progression opportunities for ATR pilots, as it requires the AFAP agreement to go ahead. To ensure access to B737 positions, the AFAP has proposed to Virgin a process where VARA pilots can be awarded a position and allocated a course as part of the current B737 training plan, which would be for late 2017 or early 2018.
NO. 2 | 2016
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THE WOMEN’S NETWORK//
WOMEN’S NETWORK
MEET CAPTAIN BELINDA BAYNHAM Secretary, Cobham Pilot Council How did you get into flying?
Tell us a bit about your career...
Some years ago, when visiting the Brisbane Exhibition (EKKA), I toured the Air Force display and I was instantly inspired to become a pilot. I started my time in Aviation as soon as I left school by completing the Bachelor of Science with Aviation degree. As part of the degree I learnt to fly at Archerfield, Brisbane.
My first job landed me in Coral Bay (WA), where I spotted whale sharks from the air and then guided tourist boats to the shark’s location. From here I move to Hervey Bay where I flew scenic flights over Fraser Island and surrounding areas.
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Jan 2000 – Dec 2003: Commercial pilots licence – Archerfield QLD
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Mar 2004 – Dec 2004: Norwest Airwork – Coral Bay WA
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Dec 2004 – Sep 2005: Air Fraser – Hervey Bay QLD
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Jan 2006 – Apr 2007: Savannah Aviation – Burketown QLD
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Apr 2007 – Mar 2008: Jetcraft – Adelaide and Brisbane
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Mar 2008 – Mar 2014: B717 FO Cobham
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Mar 2014 – Present: Captain B717 Cobham
My first twin job took me to Burketown for 14 months where I was flying the Baron, Chiefton and Navajos. Next it was off to Adelaide for a job on the Metroliner. After a short time in the right hand seat I got my Command and flew single pilot, night freight around the east coast. When Jetcraft went into liquidation and Toll took over, I began my career with Cobham. It was at this time that I had my first experience with the AFAP. As Jetcraft went into administration, the AFAP were there to provide high quality care and services to ensure all the pilots rights were looked after properly. The new job with Cobham was my first jet job and I relocated to Perth for four years. After enjoying my time in Perth, I moved back to the East Coast as an FO at the newly opened Brisbane base. A short time later and after a lot of hard work and dedication I earned my Command. I have now been with Cobham on the B717 for 8.5 years. About five years ago our EBA was up for renewal and after attending the AFAP EBA information sessions, I decided to become more involved with the negotiating committee and processes. It was a lengthy, 18 months of negotiations and I was impressed by the AFAP’s expertise and professionalism. After the EBA was agreed, there were enough Cobham AFAP members to establish our own council within the Federation. I decided to join the committee and I am now the Secretary of the Cobham Pilot Council.
Would you encourage other members to become involved? I would highly recommend that members get involved in negotiations and/ or other roles within their respective councils and be heard. There are a lot of motivated and passionate people within the Federation that offer inspiration for the future of our industry. It’s through the united involvement of pilots with the Federation that identify ideas and areas for improvement which lead to changes being implemented. Whether you start with being part of EBA negotiations and then move onto other roles in the council, the members within the AFAP councils have a wealth of experience and a great understanding of the aviation industry. The best way to create change at your workplace is to join the Federation and become part of the negotiation team.
Of all your different jobs, what has been your favourite? All of my jobs have had pros and cons. In Coral Bay I got to dive on the Ningaloo reef during my days off. It was during this time that I gained my rescue diver qualification. Fraser Island was also a great place
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2016 Assertive Management Training in Brisbane
to spend a work day doing scenic flights. I often found enjoying the beach while waiting for passengers. But I must admit it is pretty cool sitting up the front of a jet, even though the destinations are not as exotic.
in my career progression. At times, I was the first female pilot the company had hired so I put in extra effort to prove myself. I feel as though females are starting to be accepted in the aviation industry.
What was it like moving around Australia for all the diverse jobs?
I am interested in encouraging women into Av i a t i o n a n d i m p rov i n g s o m e b a s i c c o n d i t i o n s for women like maternity leave and flexible working arrangements. When time permits, I attend Women’s Network functions and find it encouraging seeing women supporting each other in this industry.
I found traveling around Australia in search of flying work and each separate experience really enjoyable. It gave me the opportunity to visit and experience living in a diverse range of spectacular locations around Australia. It was challenging at times, especially being so far away from friends and family. These experiences strengthened my character and have created many interesting stories to share. However, it is great to be back home in the sunshine state.
Have you found that you have had a different experience as a woman than you feel men have?
Tell us about your life outside of the flight deck... Outside of work I like keeping fit by going to the gym and going for long runs. I also play on a social touch football team and occasionally volunteer to referee. My husband and I are currently renovating our house which can prove challenging at times, given we can have differing views and ideas. After all the work is done I like relaxing at home and socialising on the weekends
Working in a male dominated industry has provided some individual challenges. However, it hasn’t hindered
Perth Women’s Network Meeting
NO. 2 | 2016
The Annual General Meeting at the Brisbane AFAP office
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FEATURE
Rogue Drones & Lax Regulations An update on the AFAPs lobbying against recent Amendments to the Civil Aviation Safety Regulation Part 101 As you may be aware the AFAP and AIPA (as AusALPA) have been lobbying Canberra against the relaxation of remote piloted aircraft (RPA) legislation. These exemptions allow commercial operators to fly drones weighing less than 2kg with much reduced regulatory requirements. In conjunction with air traffic controllers (Civil Air) and certified drone operators (ACUAV), AusALPA have successfully highlighted the safety concerns with Senator Xenaphon’s team who have forced a parliamentary review of “drone” regulation. There have been approximately 151 drone Air proximity events reported in the last 12 months. These reports are not readily visible on the ATSBs website. The AFAP believes that these events should be analysed and transparently reported by the ATSB. It is not clear that the growing number of unauthorised drone incursions was assessed by CASA when CASR 101 was relaxed recently. We believe that the ATSB needs to be actively monitoring and publicising the drone threat. AFAP president David Booth was quoted during a press event and said “flying operations at Sydney Airport had been restricted twice in the past month when drones were spotted nearby.
“It is not a nice feeling knowing that this drone is in your airspace. You don’t know where it’s being controlled from, you don’t know where it’s going,” 12
A drone was seen at 12,000ft north of Sydney, leading to a hazard alert by Air Traffic Control and to aircraft moving away from their planned flight path.
“Another pilot I know had a near miss with a drone at 1000ft at the Gold Coast airport. How many other events have occurred that we don’t know about?” A 2kg drone colliding with a plane travelling at up to 400km/h or hitting a helicopter’s tail rotor could cause catastrophic damage.” Australian Certified UAV operators’ president Joe Urli said the changed rules allowed people of any age to fly drones up to 2kg without any training, insurance, registration or certification.
“These changes will open Pandora’s box in terms of new dangers for airlines and the general public..” The risk of a collision between an airliner and an unmanned aircraft is increased significantly, since the new regulations came into effect. CASA estimated that the 700 certified drone operators, all who were licensed and trained, would grow to a figure of 2000 commercial operators by the end of the year, in reality we now have almost 12000 untrained, unregistered commercial drone operators plus hobbyists in the national airspace. The
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FEATURE
AFAP President David Booth addressing the media in Canberra. previously certified and responsible commercial operators can no longer compete, having cumbersome CASA overheads and additional AAUS standards to comply with. These professionals are starting to throw in the towel. By introducing these relaxations to commercial use of sub 2kg drones, CASA may very well wipe out the experienced, responsible and safe operators whilst encouraging a proliferation of new unlicensed, untrained and unaware drone operators. Researchers at Virginia Tech have modelled the predicted results of collisions between small drones and
The remaining half of the quadcopter is ingested and is struck by a second blade; stress increases as parts of the blade hit the casing; loss of blade mass exacerbates the imbalance and stress.
NO. 2 | 2016
Damage spreads to a third blade; the imbalance worsens; pieces of the drone are now impacting the casing.
airliners. This graphical sequence shows the catastrophic effects on an engine with a titanium alloy casing. (Below) Like our international associates at IFALPA the AFAP argue that drone operations must be safely integrated into our Airspace. AusALPA, the air traffic controllers and certified drone operators are collaborating on a submission for the governments Drone safety review. Our submission will outline more stringent regulations being enacted under USA, Canadian and European regimes.
The quadcopter is obliterated; three fan blades are catastrophically damaged; the remaining blades contact the casing; stress grows, shown in red, but the casing holds.
The titanium-alloy casing is significantly deformed.
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Helicopter
Pilot Federation
VOLATILITY IN A VOLATILE WORLD Brexit, a Trump Presidency and a commodities recovery that has stubbornly left oil behind are all signs of the confusion and uncertainty that seem to be have become the ‘new norm’ in recent times. The legacy players of Bristow and CHC seem simultaneously busy due to a lack of relevantly endorsed pilots, but lurching from crisis to crisis in an increasingly competitive commercial environment. The ‘new kid on the block’ in Babcock, a large multinational, currently has made a new home on Barrow Island and is branching out in the Northern Territory. Helicopters New Zealand (HNZ) appears to be back in the offshore space with rumors of it eyeing off the oil and gas sector.
The extremes of insecurity – how to do the right thing wrong Bristow has already undertaken rounds of voluntary and forced redundancy. The pilot reps and the AFAP have had their work cut out for them in trying to negotiate fair and reasonable outcomes for its members under such difficult circumstances. In a sign of the increasing interest and engagement among helicopter pilots, a recent AFAP/ AAPMBF information session was well attended by upward of 30 pilots, many of whom are Perth based Bristow employees. Contract losses and the failure to secure additional work are mounting on Bristow and the recent media announcement about the cancellation of BPs work in the Great Australian Bight has not assisted. Bristow have recently taken the step of standing people down without pay. There is a great deal of uncertainty about the duration of these purported stand downs but indications are that the company is looking to stretch them out well into 2018! This leaves a number of pilots already languishing at home with an uncertain future. The matter is currently before the FWC and we hope for a speedy resolution so that those pilots can put this stressful period behind them. CHC seems to be faring a little better than Bristow under similar circumstances. Contract losses in the onshore area continue to drive pressure on pilot numbers. This is being mostly contained by limited redeployment into offshore, with the majority of those on-shore, EMS, pilots accepting offers with the new operator, TOLL. Previous threats of stand downs and redundancies seem the have died down due after some negotiations to utilise leave balances to assist in managing the roster which has successfully ensured that no CHC pilot has been made redundant or stood down. This is contrary
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to Bristow which abandoned the strategy of allocating training by leave accruals which has now seen at least 11 pilots stood down.
Redundancy by seniority, not type – now confirmed The recent FWC Full Bench win overturning the earlier decision that redundancies are to be affected by “type, base of contract” is a huge victory for CHC pilots, pilots in general and common sense. Seniority and merit during the good times are manifestly a benefit to the Company through their critical contribution to skilled pilot retention. For example, how many aviation companies can claim the ratio of 20 year plus employees that Bristow and CHC have? It is neither fair nor moral, then, to lap up seniority and merit in the good times only to abandon them when it no longer suits. Well done to the CHC Reps and the AFAP in protecting this critical condition of employment. In recent weeks, CHC pilots have voted to separate their Enterprise Agreements into separate onshore and offshore documents. This issue has been a hot topic over many years and whilst there are many concerns about the move, ultimately the AFAP will continue to support the wishes of the pilot group. The ability to move between ‘streams’ of employment and the broader focus of the Company’s operations have always been key appeals and strengths.
The emerging future Babcock employ about 35,000 staff worldwide and have diverse business interests. Their market cap is roughly equivalent to Qantas/Virgin/Tiger combined making them a formidable player and are aggressive in targeting the established operators. Its growing offshore operations continue to be well supplemented by its well established onshore subsidiary (formerly Australian Helicopters) who is now running the entire Victorian Ambulance helicopter operation. Recently the South Australian government has stumped up some $9 million AUD to entice Babcock Industries to set up its offices in SA, greatly assisting Babcock in maintaining cost advantages relative to the ‘legacy’ market players HNZs Karratha Marine Pilot Transfer operation seems to have had none of the slow down associated with oil and gas work. Iron Ore still leaves Karratha and Port Samson in vast quantities. HNZ maintains an arrangement to provide crews to Esso in Victoria. HNZ Global reports expansion in their Norwegian operation and if the rumors are true, there may well be major Australian announcement coming very soon. The
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HELCOM Annual meeting in Melbourne AFAP office, AFAP fully anticipates that HNZ will to engage with the AFAP in making Agreements covering Australian pilots on any Australian work. The AFAP/HNZ relationship has had its challenges over the years but we hope that we can move forward in a more collaborate and productive manner. That is certainly the commitment of the AFAP. Toll Helicopter (now a subsidiary of Japan Post) has recently been announced as a partner with LeonardoFinmeccanica to become the sole authorised training centre for the Australasian region for the AW139. Toll has installed a CAE 3000 Series AW139 simulator at Bankstown Airport, which recently passed full Level D certification. We believe that this is the first helicopter simulator to be so certified in Australia. It will form a part of the new Aeromedical Excellence Centre that constitutes a significant investment in training and improvements in aeromedical services.
AFAP helicopter members’ growing influence The AFAP have a few new members of the AFAP Helicopter Federation Council and we continue to push to include more members from a wider range of employer groups. AFAPs safety and technical outputs continue to increase along with our visibility on matters like the illadvised delay of CAO 48.1 and our direct involvement with having RPAS legislation referred for ministerial review. The AFAP continues to have an active involvement at IFALPA, having recently hosted the IFALPA HELCOM at the Melbourne offices. Over three days, the HELCOM and members of the European Cockpit Association Helicopter Working group, discussed issues around FTL/FRMS, RPAS, cockpit design and ergonomics, impact protection, aeromedical fatigue issues, single engine operations, helicopter PBN, HLS (Annex 14 review) and performance classes. The work continues and in a matter of weeks after the meeting, ICAO was presented with the HELCOMs work via the ICAO Flight Ops Panel Helicopter Working Group.
NO. 2 | 2016
ICAO and Montreal all seem so very far away and removed from our daily activities … that is until you realise that the SARPs are a major driver behind regulatory change and that Australia, like all signatories of the Chicago Convention, has obligations to comply with any changes. If we don’t take this process by the horns our regulations will be dictated by North American and European interests exclusively. ASIAPAC will be a major driver of industry growth in the coming years. We should make sure we are well placed to protect the safety and integrity of our profession by being involved.
It’s your AFAP - be in it, be involved As ever, the AFAP is your Federation. Like so many things in life, you get a return only according to your investment. You are all subject matter experts when it comes to safe and efficient operations and we would ask that you make us aware of any concerns you may have. Consider the opportunities and threats presented by RPAS and the irrationality of CAO 48.1 delays (and the absurdity of Annex 4B). Get involved … we’d love to hear from you. A final note of thanks. The AFAP has always been a great supporter of Helicopter pilots. I’m not sure that many of us grasp just how much better off we all are, just how much safer and more engaged we are with the Regulator than might otherwise be the case. This is so because we have this Federation of Air Pilots… GA, EMS, oil and gas and all the wider membership with our shared challenges. Dave Stephens, AFAP Senior Industrial Officer … huge effort … we trust you keep all your hair. To each and every pilot rep doing the thankless daily tasks of advocacy and peer support, you have our thanks. We are all of us better off for your efforts. Get in touch heli@afap.org.au
- Captain Matt Nielsen, Chairman, Helicopter Pilot Federation
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Is the HIMS program in Australia really something pilots should support?
The following Q & A covers common questions and myths that have arisen since proposing the development of HIMS Australia. This document is authored by Dr. Russell Brown (CMO, Qantas AvMed) with contributions from Dr. Ian Hosegood (PMO, Qantas AvMed), Dr. Ian Cheng, Dr. Michael Drane (PMO, CASA), Dr. David Powell (PMO, Virgin Australia) and Dr. Michael Atherton (FAChAM).
What is HIMS Australia? HIMS Australia aims to provide a structure within which pilots afflicted by the disease of substance misuse with abuse or dependence can be identified, treated, and returned to duty. Ultimately saving lives and careers, and enhancing flight safety. It is coordinated by pilots for pilots, with assistance from aviation doctors, understanding from company management, and endorsement by the regulator.
What is the benefit of introducing HIMS Australia? This program will provide greater transparency and a safe pathway for pilots who have encountered medical problems associated with substance misuse to return to flying. The program will promote a peer support network to assist pilots in need and provide oversight for consistent and fair management of cases. It will be a source of information and guidance for managing substance misuse problems in aviation. Most importantly, this program will provide a rehabilitation framework to help pilots return to good health for what is a very challenging medical condition and dangerous if left untreated.
How are anonymous reports suggesting substance misuse managed? Dealing with anonymous reports is not expected to change with HIMS. Anyone making an anonymous report will be informed at the time that actions cannot be taken based on unidentified information. Currently, CASA is obliged to send a “request for information� letter for any report, noting that such claims are often vexatious. In the case where the source of a report has been verified and deemed to be potentially significant, the regulator or the company or the manager will investigate.
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Ultimately each pilot needs to make up their own mind about this. The HIMS program is essentially meant to be supported and run by pilots with the assistance of employers and qualified medical practitioners and with the endorsement of CASA. It is a program to help pilots who have been diagnosed with a serious substance misuse problem - a very serious medical problem and can be life-threatening. Entry into HIMS is optional for a pilot. It is true that pilots will generally need to meet the requirements of a HIMS type program when they find themselves diagnosed with a significant substance misuse problem. This already happens and is part of licence requirements for these pilots. The HIMS program will provide a more transparent process for all pilots to be aware of and will be a valuable source of support and education about this complex issue. It is expected to provide a framework for pilots to return to flying earlier than they would have previously. Serious substance misuse problems in Australia is common. This serious medical disease is a cause of significant numbers of fatalities. We know that an Australian airline union has supported a study looking at alcohol misuse in Australian pilots. This study was run by an external expert in the field and the results found that substance misuse problems affect pilots just the same as others in Australia. In fact long haul flying, isolation in hotel rooms, easy access to alcohol, and past cultural legacies mean that some pilots have external influences that put them at increased risk of developing problems. We know that pilots with advanced disease relating to an addiction problem have had their flying career ended. We know that pilots have died from this disease while in their middle age of life. Would a HIMS program have provided an opportunity for an earlier intervention, treatment and ongoing support that would have made a difference in these cases?
To read more about HIMS visit http://www.hims.org.au/
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‘Why would the union support a program that scrutinises pilots? It doesn’t seem like HIMS will help the pilot group; it’ll only make things worse for us’ The HIMS program is intended to assist pilots who have been diagnosed with a medical problem, with their treatment and assist them with their licence reissue based on the support and supervision involved with being in the program. The HIMS program is an optional path for pilots who have been diagnosed with a substance misuse disorder. It is expected to provide a more transparent and rapid pathway to return to flying and most importantly assist with ongoing recovery.
‘HIMS will lead to a witch hunt of pilots’ There is no evidence to suggest that this behaviour takes. HIMS is a rehabilitation based program for aircrew who have been diagnosed with a substance misuse disorder by an appropriately trained medical specialist and who then elect to enter the program.
(left to right) Dr Ian Hosegood - Chief Medical Officer QF, Capt. Laurie Shaw - HAAG Chairman, Capt. Michael Hawke - AIPA Welfare Director, Capt. Dave Holt - AIPA Welfare, Dr. Russell Shaw - Medical Officer QF, Ms Whitney Hughes Qantas Medical, Mr. Joseph Wheeler - AFAP Aviation Legal Counsel, and Capt. David Booth - AFAP President
HIMS - SYDNEY MEETING 17 NOVEMBER The HIMS program is in flight in Australia. Two General Aviation p i lo t s h ave a l re a d y a c c e s s e d residential rehab at the Talbot Centre in USA (who provided a discounted rate and a payment plan) and are being monitored by one of their pilot peers in post rehab recovery. Both pilots have maintained their employment. One pilot has even credited HIMS with saving his life. Both pilots were at a critical stage in their substance abuse disorder, where they were at the point of risking their long-term health, the safety of themselves, others and their jobs. These were not pilots who drank occasionally, but pilots suffering from a serious disease. Their recovery stories are inspiring, and bode well for the excellent work HIMS Australia can do once it is taken up by the major airlines. Expect a trial in Virgin Australia within the next 12 months, as Virgin management and your pilot reps, including President
NO. 2 | 2016
David Booth, have been at the forefront of driving HIMS Australia, with intent to create a safe harbour for Virgin pilots with substance abuse disorder. There was a major HIMS Australia event on 17 November in Sydney. Nearly 100 people attended from CASA, Qantas, Jetstar, Virgin, including management, Aviation Medical, AFAP, AIPA and VIPA. The event was led by the passionate and inspiring words of Captain Lyle Prouse from HIMS USA. The HIMS program has been run successfully at nearly all the major airlines in the USA for over 40 years, and has saved countless pilots. As a Captain on the 747 for North West Airlines, Lyle tested positive for alcohol, and after completing mandatory rehabilitation, he and his Co Pilot were jailed. The story received huge international press coverage. Lyle has since worked his way back from the brink,
maintained his sobriety with the HIMS program, and retired as a 747 for the same airline that sacked him prior to his jail time. Lyle is now dedicated to supporting other pilots in recovery and promoting the benefits of the HIMS program. H i s s to r y b r o u g h t t h e h o u s e down at the meeting and paved the way for more inspiring stories of recovery and the benefit of H I M S , f r o m o t h e r Au s t r a l i a n airline pilots. Welfare Staff of the Australian Rugby also spoke about what works for athletes and medical professionals and how best to support recovery for professional people. The speakers segued nicely into our latest HIMS S te e r i n g C o m m i t te e m e e t i n g , which produced draft guidelines for operators to implement the program and decided that a promotional video featuring success stories from Australian pilots in recovery will be developed by February 2017.
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rex
Pilot Federation
EBA: parties finally reach agreement NEGOTIATIONS
THE AGREEMENT
In July this year, after some 30 months of negotiations, pilots at Rex voted overwhelmingly in favour of a new EBA. This was a prolonged, and at times difficult, campaign that featured the following:
The final 4 year agreement features the following: • Annual increases of 2.5%, back dated to 1 July 2015 • The following limits on out of base layovers: - A limit of 12 in every 3 roster periods (each roster period is 28 days), with an allowance of $120 to be paid for each layover over 8; and - No more than 4 consecutive out of base layovers. - Increased limits for those performing check and/or training duties. - Some reasonable exceptions were agreed to, including simulator duties, bases more than 30% below establishment, and for first 6 months in a new base. • Headset allowance of $100 per year, with spares to be kept in each aircraft. • Individual iPads to be introduced within 6 months, which will include company manuals and aeronautical documentation • Increased access to parental leave – 15 additional paid days for primary carers, and 5 additional paid days for secondary carers. To be taken from excess sick leave • Loss of licence reimbursement increased to $2000 • Improvements to rostering, including access to priority days off, a limit of 6 full reserves per 28 day roster, and pilots to have 2 days off in 12, where possible.
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Pilot protected industrial action in the form of:
- Bans on the tankering of fuel - Instrument approaches - Operating aircraft with a deferred defect - 4 hour work stoppages
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Employer protected industrial action in the form of standing certain pilots down
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8 conciliation conferences with the Fair Work Commission
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An initial attempt by Rex to put an agreement to vote in mid2015, which was rejected with a record no vote
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9 months negotiating a compensation clause for Rex’s eventual move to an FRMS (before the first vote)
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A further 9 months negotiating limits on Rex’s ability to send pilots on multiple out of base overnights
This outcome would not have been possible without the tireless work of the pilot negotiating team, Robin Darroch, Mark Bennett, Rebecca Bryan, and Peter Gravitis, as well as the pilot group showing strength at crucial times.
Temporary transfers In a move that has caused much angst within the pilot group, Rex recently decided to activate an EBA clause that had never been used by forcing pilots to undertake temporary transfers of up to 28 days. With recent network expansions, and a number of larger operators currently hiring pilots, Rex is having some difficulty crewing certain bases. While we recognise these difficulties, we continue to be frustrated by the lack of consultation and the
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apparent lack of regard given to the personal lives of pilots. At the time of writing, there were a number of live disputes flowing from Rex’s decision to take this approach, with the parties in conciliation before Deputy President Clancy of the Fair Work Commission. We very much hope these matters can be resolved without the need to escalate, and that the cases referred to above will resonate with Rex and reinforce the need for a more constructive approach to pilots’ employment conditions.
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REX pilot federation report Cadet Case: Full Federal Court Appeal In our last issue, we advised that our recent win in the Federal Circuit Court had been appealed, and that a hearing before a Full Bench of the Federal Court was to take place in August. The hearing’s decision was handed down on 26 October, with all three judges finding in our favour and dismissing Rex’s appeal. In short, this decision affirms the AFAP’s ability to “represent the industrial interests” of all pilots without the need for individuals to put their name to the proceedings.
4.
5.
The background to this matter is as follows: 1.
2.
3.
In September 2014 Rex sent letters to potential cadet pilots seeking that they make various “solemn promises” to the Company in a handwritten letter. One of the solemn promises was a requirement that they agree to stay in accommodation of a lesser quality than required under the enterprise agreement. The letter also contained a threat that the company would withhold PICUS to any pilot who subsequently sought to exercise their agreement right to a higher quality of accommodation, suggesting such pilots “lacked in integrity.” The AFAP believes that the letter and the threats contained within it represents an adverse action as defined under the Fair Work Act. We demanded the Company withdraw the letter, but Rex refused. The AFAP then took this matter to the
6.
Federal Circuit Court where it was allocated to Judge Riethmuller. In response to our application, Rex made an interlocutory application. In essence, Rex alleged that the AFAP was unable to pursue the matter on behalf of the affected Rex pilots for a variety of technical reasons, which was dismissed by Judge Riethmuller. Rex appealed Judge Riethmuller’s decision to the Federal Court where it was initially allocated to Justice Jessup. Leave to appeal was granted and the matter was referred to a full Court of the Federal Court including Justice Jessup, Justice North and Justice White. The appeal was heard on 15 August 2016 and the decision handed down on 26 October 2016. The Full Court of the Federal Court unanimously found in our favour and dismissed Rex’s appeal.
The matter will now return to the Federal Circuit Court where the adverse action case will be heard by Judge Riethmuller. We hope to have more good news for the next instalment. In a breaking development, Rex has decided to seek leave to appeal the Full Federal Court’s decision in the High Court of Australia. This will either be determined ‘on the papers’, or it may go to a hearing, the first of its kind in the history of the Federation. We will keep members informed as this matter progresses.
Sick leave dispute In another positive result, the Fair Work Commission recently decided in our favour in an arbitration involving pilots’ ability to take sick leave without a certificate. Based on the wording of the EBA, Rex argued that sick days without a certificate must be separate from all other days off (e.g. sick days with a certificate, RDO’s), while we argued that these days need only be separate from other sick days without a certificate. In what we believe was a common sense outcome, Commissioner Cambridge was clearly in agreement with our position. Ultimately, it is unfortunate that Rex felt the need to dig in over a matter like this when there were ample opportunities to resolve it beforehand.
NO. 2 | 2016
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57 ANNUAL TH
CONVENTION The following are condensed versions of the reports presented by Executive members to the Convention delegates. PRESIDENT’S REPORT I am proud to be re-elected as your President for another two year term. This gives me an opportunity to continue implementation of various strategies and initiatives which I committed to back in 2014. My vision when first elected was to increase the profile and influence of the AFAP within Australian aviation. As a volunteer in a member driven organisation, I am motivated by a desire to stand up and provide a voice for working pilots in the Australian industry, whose professional views and technical advice has been marginalised since 1989. Before the Pilot’s Dispute, the AFAP had a powerful voice in matters of aviation policy and technical advice, and was seen as a primary stakeholder by the then Department of Transport, Government and airlines. It’s time to reclaim the voice we once had in playing an influential role in shaping and guiding aviation policy, and I will continue to work towards this goal. In the last 20 years, Canberra and the aviation policy which emanates from our national capital has become increasingly flawed and politicised, with career public servants and Mandarin bureaucrats making decisions without the necessary aviation advice and expertise. For example, the “two-in-thecockpit” regulations which followed the Germanwings tragedy in 2015
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were essentially the product of a phone call between Minister Truss and the CEOs of Qantas and Virgin Australia. So a key operational and safety decision was made by three individuals who do not even fly aeroplanes. This approach to rule making whereby CASA produces regulation without evaluating the operational realities is rife. Look no further than the Part 61 Regulations, which have burdened parts of industry, especially within General Aviation, whereby operators and pilots are now required to perform numerous additional flight reviews and proficiency checks for little or no safety benefit. T h e s h o c k r e s i g n a t i o n by the Director of Aviation Safety, Mark Skidmore in August, only 2 0 m o n t h s i n t o a f i ve y e a r appointment, is further proof of the dysfunction in Canberra. While Mr Skidmore’s performance in the role remained somewhat questionable from an AFAP perspective, at least he was committed to implementation of regulations to control and monitor pilot fatigue, in the form of CAO48.1. Right now there are imminent moves afoot within Canberra to suspend the implementation of CAO48.1 in response to industry lobbying. E s s e n t i a l ly, o p e r a to r s le d by the influential Regional Airlines Association of Australia (RAAA), have convinced the CASA Board t h a t C AO 4 8 . 1 i s u n n e c e s s a r y overkill and that pilot fatigue is a non-issue. Some of their arguments include comments that pilot fatigue is less of an issue in Australia because “our weather is good” and that implementation
of 48.1 will require a dramatic increase in pilot headcount due to loss of productivity. All of this will be music to the ears of airlines like Jetstar who have been arguing hard for the last twelve months to retain their current CAO48 exemptions, and apply the necessary lipstick and makeup in producing a Jetstar FRMS with no scientific basis. Meanwhile, many Jetstar pilots continue to fly in excess of 90 hours per month, including dangerous back of the clock rostering practices with no mitigation or relief. The AFAP will continue to lobby for the introduction of CAO48.1 into Australian law, and for CASA to do its job and regulate aviation safety without fear or favour. We will increase our influence by becoming m o re a c t i ve i n C a n b e r ra a n d continue to increase our exposure through an effective public relations strategy. T h e A FA P i s c u r r e n t l y campaigning for Senate disallowance of Appendix 4B to CAO48.1 and disallowance of rules deregulating the operation of small drones. Appendix 4B will wrongly permit aeromedical pilots to fly much longer duties while conducting routine patient transfer services, instead of applying only to lifesaving medivac flights. This goes against the original intent by CASA which was to deliver a higher level of safety on patient transfer flights. As part of our Campaign, Joe Wheeler recently travelled to the Queenstown conference of the Aeromedical Society of Australasia to speak on the risks that doctors
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AFAP 2016 CONVENTION and nurses face when their pilots are required to operate under these new rules. We are currently working with the Drone Operators’ Association (ACUO) and Civilair, the air traffic controllers’ union, in seeking disallowance of new CASA regulations which deregulate the use of drones under two kilograms. Two recent events at Sydney Airport involved drones on approach paths, which in one case led to single runway operations being invoked. A recent near miss with a rescue helicopter in Newcastle also highlights the unknown perils of a drone impacting helicopter rotor blades. CASA and the ATSB continue to take an extremely reactive approach. One final word on media strategy. Involvement with the media carries risk that our messages could backfire, that we may be misquoted or editorialised in a manner which was not intended. Risk that we may offend someone, or undermine an important relationship with a government agency or company. Alternatively, we can take a conservative approach in the public domain, protest privately to CASA and in letters to the Minister, and make our points of view privately to our membership. I strongly believe that risks in media interaction must be accepted and managed in pushing our message as the voice of Australian professional pilots. We may not always hit the right note, but I will work to ensure that most of the time we do and the result will a stronger, more vibrant AFAP. I see the public profiles of USALPA and BALPA during my IFALPA duties and this is the path they take. Turning to our Safety and Technical department, I would like to acknowledge the work of Marcus Diamond in our S&T Office in the last year. The value and benefit of a full-time staff member was showcased in June at the FRMS Seminar coordinated by Marcus and held over two days at RMIT in Melbourne. These events mark a transition from the AFAP simply being affected by change to actually shaping change and policy in the regulatory space. More broadly, AFAP Safety and Technical reps and staff continue to perform great work on behalf of members. Our involvement in various forums, lobbying activity and general standing as a professional organisation has grown immensely in recent times. The HIMS program reached another milestone with the registration of the HIMS Australia Advisory Group or “HAAG” as an incorporated association. Under the leadership of HAAG Chairman, Captain Laurie Shaw, HIMS Australia has carefully pushed its message about drug and alcohol dependency among pilots throughout the aviation community. On the communications and IT front we are also continuing to improve our services to members. Our publications have never been better. Our new website has been launched and we have continued to develop our membership system with on-line payment functions Our Incident Response Plan (IRP) is now complete. The AFAP 24 hour hotline is covered by our senior industrial/legal staff on a rotational basis. Members can be assured that in event of an aircraft accident or serious incident, your AFAP is the best placed pilot association to help. Another key relationship is with our colleagues and AusALPA partners, the Australian and International Pilots
NO. 2 | 2016
Association (AIPA). In recent years our relationship with AIPA has improved So much so that we have had tentative discussions about the possibility of returning to one unified pilot union in Australia. This of course is a long-term goal and it will not be without its ‘hiccups’. One of these ‘hiccups’ recently occurred when a number of our QantasLink cadet members and ‘letter of intent’ holders received confirmation of their acceptance into Qantas mainline. We have advised these members that while we cannot (and do not purport to) provide industrial representation they can remain AFAP members (at a rate equivalent to the overseas rate) in order to maintain their MBF coverage. When AIPA formally became aware of this proposal they immediately raised some significant concerns. Simon Lutton and I recently went to Sydney to meet with AIPA to discuss these concerns. We have subsequently provided AIPA with confirmation in writing of our legal advice that these pilots may remain AFAP members. We are currently waiting on AIPA’s response. This whole episode highlights the sensitivities on both sides and the delicacies involved in these types of relationships. I remain hopeful that both parties can trust each other and resolve this dispute. Our ultimate goal is one unified Australian pilot association which every Australian commercial pilot sees value in and is proud to be a member of. Captain David Booth President
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AFAP 2016 CONVENTION
VICE-PRESIDENT (ADMINISTRATION & FINANCE) The 2016 financial year was another strong result for your AFAP. At the time of writing this report the audit was yet to be completed. Based on the draft accounts the surplus for the year appears to be around $600,000. As a result of this, our reserves continue to grow. We now hold well over $7 million in cash and cash equivalents Over the last year we completed a number of our capital and service improvement plans, such as upgrading our phone system, launching a new website and getting established into our new Brisbane Office. 2016 was also a year to consolidate some of our earlier recruitment, particularly into the safety and technical area. Next year we expect further developments on the staff front. Deanna Cain has announced her pregnancy with her second child. Finance Committee has viewed this as an opportune time to recruit an additional senior industrial officer into our Brisbane Office, which was always part of our longer term planning. Similarly, Finance Committee has plans to develop a staff presence in Perth. We are however very conscious of the need to wait until the right candidate is identified. We h ave a ga i n b e e n c o n s e r va t i ve i n o u r assumptions for the prepared balanced budget (i.e. zero profit) for 2016/2017. We have assumed a minimal subscription income increase from the 2015/2016 result. The primary basis for this is the recent decision of Finance Committee to make subscriptions 1% (inclusive of GST) across the board. In terms of expenditure, we have made room for the impact of additional staff and allocated amounts above last year’s actual costs. The budget is just a plan or forecast. Individual elements will fluctuate from year to year. The sub-totals are a better representation of the anticipated final costs. Captain Louise Pole
TRUSTEES This year witnessed an unusually high number of contested elections. We congratulate those elected and offer our sincere thanks to those who had the courage to put their name forward. It is however disappointing that the Australian Electoral Authority (AEC) did not allow candidate statements to be distributed to all members this year and maintains wedded to an archaic postal voting system. Unfortunately until the AEC embraces on-line voting we are likely to continue to see low return rates at our elections. A key role of the Trustees is on Finance Committee and in managing the Federations assets and investments. With this in mind, one of the working papers at this year’s Convention seeks to articulate how we should build and allocate our reserves. It proposes splitting the reserves into one third allocations and putting some constraints on when and how they can be used. The intent of the Rule is to protect members’ funds from misuse. Conscious of the need to put back to the industry, we have again increased the number and amount of joint AFAP/ MBF pilot training scholarships we provide to tertiary institutions around Australia. Captains John Absolon, George Brown and Bryan Murray
TECHNICAL REPORT
Captain John McDonald recently retired as a Technical Consultant but has kindly agreed to provide ongoing assistance when requested. We thank John for his valuable contributions. There has been a welcome increase in the number of members volunteering to assist with the various technical committees and we hope to see this trend continue over the coming year.
AusALPA
The AFAP and AIPA constitute the member associations of AusALPA: which operates at two levels:
Membership of IFALPA
Marcus Diamond attended the annual IFALPA conferences in New Orleans. AusALPA is hosting the IFALPA AsiaPacific regional meeting in Sydney this year from 1 - 3 November & the Helicopter Committee meeting in Melbourne from 10 -12 October 2016.
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Air Pilot
AFAP 2016 CONVENTION AusALPA Safety & Technical Committee
VICE-PRESIDENT (MEMBERSHIP)
There are still a number of Chair/Vice Chair roles vacant on the sub committees.
This year has seen a stabilisation in membership numbers after years of remarkable growth.
AusALPA Portfolio reports:
The table below reflects our full membership by council (excluding staff).
The following report is presented in the IFALPA format of activities and related subcommittees. D ro n e s - Le ga l C o u n s e l Jo s e p h Wheeler is currently seeking disallowance of the recent legislation permitting the unregulated operation of RPVs below 2kg in weight. CASA appear to ignore the potential impact damage which can be caused by a drone of this size, some of which can travel in excess of 60 kph. This action is supported by the Air Traffic Controllers union CivilAir & the Drone operators association. Fatigue workshops – Following a vote at Convention 2015, in April the AFAP organised a fatigue seminar which was held over two days at RMIT University. Attendees included representatives of CASA, Jetstar, Air New Zealand, RMIT, The University of WA and members of the AFAP. AIPA were invited but did not send a representative. The S&T team have also run an FRMS workshop for the RFDS Western ops in September and advised a number of AFAP councils on technical aspects of their FRMS trial applications. C AO 4 8 . 1 – C A S A i m p l e m e n t e d Appendix 4B without any response to or acknowledgement of, the AFAP’s comprehensive submission arguing against the proposed amendment. This was despite assurances given by Ian Banks at a meeting in Melbourne in May between CASA’s Roger Weeks and Ian Banks and the AFAP’s David Booth, Peter Gardiner, Marcus Diamond and Julian Smibert. Whilst some sectors of industry have actively lobbied for repeal of the CAO, the AFAP is broadly supportive of the new legislation but has serious concerns about App 4B. The Federation legal counsel Joe Wheeler, has been seeking support in the Senate for the disallowance of the recent amendment introducing the Appendix. Breaking News - It now appears that the legislation may be put on hold pending a further review.
Council National Helicopter Virgin Jetstar Regional Express Sunstate Eastern Cobham Tigerair TOTAL
2015 1,970 635 607 422 261 224 197 128 - 4,444
2016 1853 652 666 436 261 219 188 142 115 4,532
Some points to note include the recent creation of the Tigerair Council and the addition of VARA ATR pilots to the Virgin Council. This also broadly explains the corresponding drop in National Council members. There number of Jetstar members on leave without pay while flying for overseas Jetstar entities which appear in the National Council figures as overseas members rather than as Jetstar members. It is also heartening to see the continued growth in the Cobham Council. As a newly created council, hopefully the Tigerair Council will follow a similar lead. For the purposes of our Financial Report the numbers are as follows: 30 Jun 2011 2884
30 Jun 2012 3221
30 Jun 2013 3659
30 Jun 2014 3930
30 Jun 2015 4172
30 Jun 2016 3984
This is a simple snapshot of financial members as at 30 June each year. It excludes any member who was not up to date with their subscriptions as of that date. As a result this figure tends to vary depending on a range of factors, including when we send out invoices or reminder letters etc. Looking to the year ahead I envisage a high level of work within the Virgin Group as they seek to continue and progress negotiations in an ever-changing corporate landscape. I am also conscious of the difficulties currently being experienced within the ranks of the Helicopter Council. The Helicopter Council members have been hit hard by the downturn in the oil and gas industry and other events such as the EC225 grounding. At the same time we are aware of attempts by helicopter companies to save money and avoid seniority obligations in regard to redundancy and re-training. Capt. Ben Bollen
AFAP Incident Response Plan (IRP)
The AFAP Incident Response Plan has been implemented. It is now a practicable working document. Capt. Peter Gardiner
NO. 2 | 2016
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National
Pilot Federation
Skippers
Skippers in Western Australia have successfully negotiated a new enterprise agreement. The vote was a resounding yes, with 40 in favour and 3 against. The proposed agreement is presently with the Fair Work Commission for approval. It has the potential to deliver better pay rates, renegotiated meal allowances and eliminates the much maligned discretionary productivity clause that was a real bugbear of the pilot group in the last agreement.
CASA
Unfortunately, public sector bargaining has been very difficult since the election of the coalition in 2013. Agreements are ‘streamlined’ and any salary increases have to be strictly accounted for by reductions in conditions. To conclude these particularly frustrating negotiations, staff at CASA voted in favour of an enterprise agreement in midSeptember. This was despite active opposition from the AFAP and other technical professional unions who were concerned that some 50 existing conditions were being removed, in return for a 6% pay increase over 3 years. However, the result was understandable as these unions only cover a quarter of the organisation, and staff had seen no pay increase for over 3 years with no prospect of back pay. Despite attempts to remove them, the key FOI-specific conditions were maintained in the agreement. In particular, the conditions relating to endorsement loadings, flying training, and loss of licence were retained.
Alliance Airlines
In September the Perth pilot group struck a deal with Alliance Airlines. Initial negotiations were difficult, but some real momentum was achieved in the final months, with the pilots voting resoundingly in favour. Salaries under the previous agreement were below the industry standard, yet this agreement sees Captains’ pay increase by 6.6%, and First Officers’ pay by 4%, along with a $1000 sign on bonus and ongoing CPI increases. The agreement introduces important improvements to existing rostering practices. Significantly, pilots were previously completely at the Company’s disposal for substantial periods of the working week, with rostered duties frequently changing. Under the new agreement there will now be more integrity in the published rosters, with pilots capable of refusing significant changes. Unfortunately, the Queensland Alliance pilot group has made less progress in their negotiations for a new agreement. Despite flying the same aircraft, being subject to the same check and training regime, and being literally interchangeable, Alliance is proposing to pay Queensland pilots considerably less than their Perth colleagues. There will be considerable unrest within the pilot group until this is resolved.
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Training Bonds
Members should be alert to training bond arrangements that employers attempt to impose, as well as any attempts by employers to enforce such bonds. Under the Air Pilots Award, employers are responsible for the costs associated with training pilots, meaning that any training bond is likely to be unenforceable. This year the AFAP has assisted a number of general aviation pilots whose employers had either withheld entitlements, or were threatening to pursue them for ‘outstanding’ amounts for breaking bond agreements. While we were successful in each of these instances, it is important that members seek advice from the AFAP before signing a training bond, as we believe such arrangements should not be signed in the first place.
RFDS (Launceston) Negotiations for a new EBA have commenced with RFDS (Launceston) as the current agreement nominally expired in November 2015. The AFAP is working closely with members and has presented a log of claims to the Company. Discussions are ongoing and the AFAP is hopeful that beneficial outcomes can be achieved for the pilot group.
Air Pilot
fatigue risk management workshop A new initiative from the AFAP’s Safety & Technical Team was the Fatigue Risk Management Workshop held on 1 and 2 June in Melbourne. Facilitated by Dr Adam Fletcher, the CEO and Principal of Integrated Safety Support, the workshop provided a comprehensive examination of approaches to pilot fatigue risk management and a forum to discuss them. Topics specifically discussed were: • • • • •
An exploration of the causes and consequences of fatigue CASA’s approach to Fatigue Risk Management Systems (FRMSs) Identifying the need for an FRMS, as well as planning for and establishing a business case for an FRMS Assessing sleep, fatigue and performance and International standards and applications of FRMS, in particular, the Air New Zealand experience.
Having investigated the causes and consequences of fatigue, the workshop explored the operation of an FRMS as a mechanism for receiving and analysing fatigue–related data as the basis for continuous monitoring and management of fatigue-related safety risks. Day 1 of the workshop urged participants to consider whether a company needs an FRMS,
Captain Marcus Diamond, AFAP Technical Consultant and Dr. Adam Fletcher at the FRMS Workshop
NO. 2 | 2016
acknowledging the importance of finding an effective balance between managing fatigue-related safety considerations and ensuring operational viability. A critical issue was to consider the desired safety outcomes in approaching fatigue-risk management, acknowledging that an FRMS may not necessarily represent an appropriate method for addressing a company’s risk profile in certain contexts. A particular highlight of Day 2 was the forum led by guest speaker, Captain Bruce Aberhart, Chairman of Air New Zealand’s FRMS Working Group. Drawing on the fatigue-risk management experience at Air New Zealand, Captain Aberhart emphasised the independence of investigations conducted by the FRMS Working Group. These investigations advise management of the intention to undertake fatigue risk management studies, but do not inform management of the substance of what those studies will be. Consequently, according to Capt Aberhart, the Air New Zealand experience of fatigue-risk management involves combining management sponsorship with a significant amount of pilot autonomy, featuring Capt Aberhart as Chairman reporting to one of Air New Zealand’s senior safety managers. Capt Aberhart also referred to the Air New Zealand experience of effectively quarantining fatigue risk-management from the industrial relations domain, and the company’s wilingness to release safety reports. The Air New Zealand experience underlines that fatigue risk management demands collaborative partnership between pilots and management beyond the often-adversarial dynamics of industrial relations, a pursuit that generally represents an ongoing challenge in an Australian context. Importantly, the workshop reinforced the availability of examples, resources, and other supports to assist pilots and management in the pursuit of effective fatigue risk management. It also highlighted the importance of building a fatigue risk management team and internal capability, to not only share the load of fatigue risk management but to assist in shaping organisational focus and culture more squarely around addressing fatigue. The AFAP’s Safety & Technical team seeks to provide all possible assistance regarding managing fatigue, and to contribute to effective fatigue-risk management at the organisational level. For information about future workshops and contributing to effective fatigue-risk management in your organisation, please contact AFAP’s Safety & Technical Consultant Marcus Diamond on (03) 9928 5737 or marcus@afap.org.au.
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STAYING
FIT IN THE COCKPIT
One of the problems that many pilots face is long days in a confined space. The taller (or wider) a pilot is, the more of a problem this can be. Various health issues can arise from this inactivity: poor posture, sore back, aching knees and so on. Below is a workout suitable for pilots who are in the long-haul cruise and want to go out and stretch their legs while on a rest break, but have limited space and time to complete a quick rejuvenating workout. It is designed to stretch the core muscles that would be used for flight
Standing up straight, close your eyes and tilt your head down to your chest. Slowly rotate your head clockwise using full movement of your neck all the way round. Repeat this in an anticlockwise direction. This can be completed in your seat.
This is best done in the galley. Standing fully straight, put both hands behind your back and bring your fingertips together. Don’t worry if you can’t quite touch your fingers together, whatever you can manage is good enough. Then bend over lifting your arms upwards, keeping elbows straight and fingers together. This has the added advantage of stretching your back.
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controls and to be completed in less than five minutes, ideally in the galley and not in the way of cabin crew. S t re t c h i n g i n t h e m o r n i n g a n d eve n i n g s i s recommended. Even if completed for as little as five minutes a day it will make your body more flexible and stronger. I would recommend buying a basic gym or yoga mat and placing it somewhere where you can see it so you are encouraged to pull it out and use it (regularly). A more comprehensive stretching programme is recommended before and after a workout at the gym.
Sit or stand up. Shrug shoulders up to your ears. Lower and repeat 10 times. Alternatively hold arms out in front of you, arch your back and complete full, slow circles with your shoulders, pausing at the top. Do five in one direction then again in the other.
Standing up straight, step forward with one foot, lowering your hips until your front knee is bent at a 90-degree angle – it should be above your ankle. The back knee should be nearly touching the floor. Maintain the stretch for 20 seconds, holding onto something for stability, then move your foot back to the start position. Repeat with the opposite foot.
This can be carried out with one hand on the armrest. Stretch one arm out and from the wrist rotate your hand clockwise 10 times. Repeat the rotation, this time anticlockwise. Swap hands and repeat.
Best done with shoes off. Stand with feet slightly apart and hold onto something for balance. Stretch tall pushing up onto your toes. Hold for 10 seconds then slowly lower heels to the floor. Repeat a few more times until you feel the stretch. This is best done on a step to get both upward and downward movement, but that’s probably not the safest on a plane! * this article first appeared in The Log, Spring 2015. Thursday 26th May 2016 by Matthew Martin
Air Pilot
Technically Speaking RECENT DEVELOPMENTS IN THE ISSUE OF CONTAMINATED CABIN AIR Following a period of uncertainty the Global Cabin Air Quality Executive (GCAQE) is again actively campaigning on behalf of all crew and passengers on commercial aircraft. In late August 2016 the European Union requested tender submissions for an ”Investigation of the quality level of the air inside the cabin of large transport aeroplanes and it’s health implications” the closing date for this tender was the 30th September 2016. Despite the publishing date of the tender being the 26th August the “Comité European Normalisation Technical Committee (CEN/TC) 436 “Cabin air quality on civil aircraft: Chemical agents,” was not officially notified of the tender until the 20th of September. This late notification left insufficient time for the GCAQC to prepare and submit a proposal. In view of this the GCAQE wrote to the European Commission requesting an extension to the closing date in order to prepare a suitable proposal, this request was however denied. To date no announcement has been made regarding the successful tenderer. Fo r s o m e t i m e P ro fe s s o r C le m e n t F u r lo n g , Research Professor of Genome Science and Medicine at the University of Washington, has been conducting
NO. 2 | 2016
research into the effects of organophosphates and into the development of a practical test to identify organophosphate poisoning. This is of particular interest to all who may have been exposed to cabin air contaminated from engine bleed air ventilation and pressurisation systems. The AFAP has supported this research in the past and is hopeful that positive results will eventuate in the not too distant future. In the meantime the AFAP continues to support this valuable research, and has written to Professor Furlong requesting a update on his research. A recent article (30 th Sept) in Aviation Daily highlighted the difficulty airlines face in identifying and isolating the cause of fume events in aircraft. According to the report, over more than a month Ryanair replaced numerous components including two engines and the APU on a Boeing 737-800 following a series of events which occurred in 2014. Despite this work and the development of a checklist to assist maintenance crews in troubleshooting contaminated air events the actual cause of the occurrences was inconclusive. The AFAP continues to support the GCAQE with the general emphasis towards research and testing ahead of a public awareness campaign. We are fortunate to have Dr Sue Michaelis as our proxy at the GCAGE.
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Cobham
Pilot Federation
It has been a busy six months for the CPC within all four business units. Elections were held recently with the four council members retaining their positions. Membership in this time has increased by 12% and keeps rising as Cobham continues to push the boundaries of pilot protections built into the respective EBAs. Three of the council members attended the Annual Convention at Kingscliff on the Gold Coast in October.
As the members grow opportunities for more positions on the council have opened up. We’re looking for people interested in taking up positions in negotiations, technical, health and safety, publications and communications. Anyone with any interest or passion in any of these areas should contact a council member and get involved in the team.
With the separate business units attacking different challenges at this time, we have an update of what’s happening where... SPECIAL MISSION We are certainly living in interesting times. The ongoing recruitment activity of the airlines has generated significant attrition in pilot numbers for the Surveillance operation, and several pilots also elected to accept positions in the start-up of the AMSA SAR operation. Along with long lead times for replacement training, this has led to a situation where we are at about 50% pilot numbers on the roster! We are starting to welcome some of the new First Officers as they check to line, but a shortage of Captains is going to be the challenge for the foreseeable future. This all provides an interesting backdrop to the Surveillance EBA negotiations, which were finally commenced, six months late, on the 8 November. The Surveillance EBA is slightly unusual as it covers both the pilots and the observer crew members. The pilot base representatives are ably supported by David Stephens, our AFAP Senior Industrial Officer, and the observer crew are largely represented by the TWU. The first meeting covered preliminary content; we presented the basics of our log of claims to the Company. We are promised a response document to peruse prior to the next meeting, which will take place in Darwin over two days, 1 and 2 December. AFAP membership has enjoyed an up-tick among
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Surveillance pilots, although countered somewhat by the departure of some members to the SAR operation. This will nevertheless provide an initial core of AFAP members in that operation as it gets up and running. We have been strongly recommending AFAP membership to those who have not so far availed themselves of it, and will continue to do so. Those of us around long enough to have witnessed the last EBA process cannot overstate the benefits afforded us by AFAP representation in that protracted exercise. The opportunity also exists to increase membership in the SAR operation as it gets established, as the terms and conditions of the ‘green-field’ employment agreement they have started with were arrived at without the benefit of AFAP (or pilot) input. Therefore, one would suspect that as its expiry date approaches, no doubt its shortcomings will have been well and truly identified, and there will be plenty of work to do to get it up to scratch. As for your humble correspondent, I am Bill Surtees, Dash 8 Captain on the Surveillance contract, based in Darwin. I am currently the Darwin base pilot rep for the EA negotiations, and have been invited to join the AFAP Cobham Pilot Council to represent the interests of Special Mission pilots. There is some due process to be completed before I can take up that offer, but I am looking forward to working with the team.
Air Pilot
COBhaM pilot federation report NJS
NJE
The pace within the National Jet Systems’ side of Cobham Council’s activities are as frantic as ever. Among sporadic individual defenses, the council has had to deal with the Company’s handling of the changeover to the new contract, most notably the review of Check and Training capabilities. All the while readying for the impending commencement of negotiations for a replacement Agreement.
One of NJE’s biggest clients has gone to RFT for the provision of FIFO to Barrow Island. This contract still has a number of years to run for the NJE BU. NJE management are working hard to resecure the contract and we should hear something in December. The seconded RJ pilots to City Jet Ireland have returned to Perth base. These pilots were based in Dublin and operated RPT and charter flights throughout Europe to destinations including London City, Paris, Amsterdam, Florence, Torino, Stuttgart and several others. One, a keen Manchester United supporter, operated a supporter’s charter to a home game and attended the match. Quite a unique experience! The Business Unit secured a new client providing 2 weekly services to Meekatharra. It’s great to see a number of Pilots being accepted into Airline carriers such as Tiger, Qantas mainline and International Carriers. We envisage more movements to follow in the coming months.
The check and training review has been keeping your council busy. Company attempts at consultation have been frustrating at best. The Company sought some feedback but questions seeking clarification went continually unanswered, hobbling our ability to give a complete and considered response on behalf of members. At the time of writing, your AFAP council has begun a dispute on behalf of its members demanding the Company maintain the status-quo until consultation is complete and either retract the recently released EOI’s or keep them at abeyance until resolution of the dispute. Your council will keep you updated as matters progress. Negotiations towards a new agreement are also soon to begin. Parties are required to commence negotiations towards a replacement Agreement no later than three months prior to the nominal expiry date of the current Agreement. We expect to hear from the Company by November 28 as to how they plan to proceed.
NO. 2 | 2016
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Sunstate
Pilot Federation
The Sunstate Pilot Council has had a few changes lately. Much respected and long-time Chairman, Captain Russell Thompson, has decided to step down to ViceChair after 13 great years as Chairman. The AFAP thanks Russell for his tireless contributions in the role. Replacing Russell is Rod Millroy. Rod is a former AFAP VicePresident, lead pilot negotiator for the Sunstate EBAs and previously held the position of Council Chairman. Captain Louise Pole remains in her position as Secretary. Other pilots elected or re-elected to the council include George Brown, Ben Davis, Jarrod Blaker, Matthew Vaughan, Alex Potter (the Sunstate Welfare Rep) and David Nelson. Post the approval of their new enterprise agreement, the Sunstate Council have continued to take up multiple issues with the Company. An example of these has been the provision of suitable meals in New Zealand. This situation has improved after 6 months of strong advocacy from the Sunstate Council, but by no means is entirely fixed. Roster issues also continue to plague Sunstate, and remain a priority for the Council to resolve. Rosters have been consistently late, giving pilots poor visibility for the planning of the month ahead. While in the face of the Council’s steady lobbying, issues have somewhat
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improved, there continues to be issues with poor pairings, extended periods of unproductive time away from home base and generally ‘dumb’ rostering practices. Previously the Company had promised that the Solver software would fix many of these issues, however, this is looking less and less likely. The best solution which the Sunstate Pilot Council has always maintained is for more pilot input and consultation in to the roster build. Uniform issues are also a sensitive issue for many Sunstate pilots. The requirement for ties in some Queensland ports and not others remains controversial, as does rules about when a pilot must wear a coat. The Council expect to resolve these matters soon. A number of other individual matters have been resolved confidentially and satisfactorily over the past quarter, including the negotiation of the minimisation of a lengthy staff travel ban, the removal of a disciplinary record because of unsubstantiated conduct and the resolution of numerous issues with unpaid allowances and the Company’s errors in interpreting the EBA. The Sunstate Council members and AFAP industrial reps, Simon Lutton and Cate Larkins, remain on hand for advice about the Sunstate EBA, industrial representation and any welfare issues affecting Sunstate AFAP members.
Air Pilot
MBF TRUSTEE STORY
CAPTAIN WAYNE JERICHO
CAPTAIN WAYNE JERICHO MBF TRUSTEE Have you ever been driving home from a day of flying and asked the question, “what if something happened to my medical and that was my last flight? What would I do?” I have had this happen twice during my career. The first occasion was during a medical renewal with a DAME, who required me to visit a specialist for further treatment, after which I was able to regain my Class I medical. On the second occasion, I had not been feeling well for a period of time. My GP sent me to visit another specialist. While waiting for the test results, I wondered whether I would be ever able to fly again, and if I had already completed my last flight! Armed with test results and a medication treatment plan, I was then able to visit a DAME who confirmed that I was grounded. He forwarded the medical test results to CASA who in turn, sent me a advice that I was unable to exercise the “privilege of my License” until cleared by the DAME. After six weeks of medication (which I still take on a daily basis) and further testing to prove that my medical condition was under control, the DAME was able to clear me to return to flying duties.
As per the rules of the AAPMBF, I did notify the fund (MBF) of the loss of my medical and joined a list of “Notifications”. This is required within 90 days under the Fund Rules. Those of us who are employed by Virgin Australia are fortunate as the Company tends to pool short-term sick leave to help pilots. Others are less fortunate. Once all of their sick and annual leave had been used up, they then have to make claim upon the MBF. We spend our flying time dealing with contingencies, and the loss of a “Medical” is one contingency we need to bear in mind. This is where membership of the MBF can ease the stress on a person’s life in the event of illness or injury, either short term or permanently, that’s leads to the loss of medical. As a Trustee of the MBF, where we meet monthly to review notifications (of loss of medicals), benefit payments and other membership issues, I see the various medical conditions which cause the loss of a Medical. Some are accidental and sometimes the result of recreational sports and the remainder are general health issues. Flying is one of the most enjoyable and rewarding things that I do. It is a sad day when the Trustees approve a capital benefit payment for the permanent loss of Medical, because I know that someone has had to give up flying. But at least the financial impact on their life will be eased as a result of MBF membership. Stay fit and well.
HAVE YOU EVER BEEN DRIIVING HOME FROM A DAY OF FLYING & WONDERED, “WHAT IF THAT WAS MY LAST FLIGHT?”
NO. 2 | 2016
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Your AFAP// 2016 // www.afap.org.au
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Jetstar
Pilot Federation
It has been a pleasing year for the Jetstar membership of the AFAP. With an increase in members, the Jetstar Pilot Council or Jetstar Pilot Federation (JPF) Committee increased in size, and we welcome new members to the Committee, Damien Maloney and Daniel Blakemore. There are two significant issues of concern to the JPF: roster balancing under clause 42.13 of the Jetstar Enterprise Agreement and the development of a suitable Fatigue Risk Management System (FRMS). In regard to roster balancing, over the past 6 months your Jetstar Council and the AFAP has been attempting to address the roster balancing issues in the face of the continuing (and admitted) failure of Jetstar to comply with the requirements of the Jetstar Enterprise Agreement on this issue. Unfortunately this matter has not been resolved at an enterprise level and we now expect it will be progressing to the Federal Circuit Court of Australia for resolution. Breaches of the Jetstar Enterprise Agreement attract the prospect of the civil penalty provisions of the Fair Work Act 2009. This means Jetstar may be fined for their continued breach of these provisions. This matter will be included with other matters, such as the overpayment/underpayment issue that flowed out of a pay-roll audit and subsequent unresolved dispute in 2015. Jetstar pilots will remember that that matter involved employees who were
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overpaid by payroll error in the 2014/15 financial year having their debt waived, those underpaid being repaid, but those who were both underpaid and overpaid having an offset imposed. We hope to garner a decision from the Court which will ensure that all our pilot members ex p e r i e n c e t h e b e n e f i t o f h av i n g their overpayment waived and their underpayments reinstated, and ensure general compliance by Jetstar with the Jetstar Enterprise Agreement. In relation to the FRMS, progress has been slow. Disappointingly, the Company seems wedded to a system which replicates the deficiencies of the current system under the standard industry exemption. Your Jetstar pilot representatives continue to attempt to build a constructive working relationship with the new Jetstar leadership. Considering some major initials setbacks, and distrust on both sides, this has been a difficult task. There have however been some positive signs lately, with some good settlements able to be negotiated at an enterprise level both for individuals and the group at large. An example of this is the outcome to the dispute over how and when the iPad set up and updates should be completed. This issue has been resolved via a negotiated solution that sees 1 extra admin day paid each financial year plus 4 hours of duty time and 3.6 hours of hard credit (overtime). This is a great outcome considering the initial position of the Company that Jetstar pilots should do these setups and updates entirely in their own time and without any additional financial or duty recognition.
Numerous individual matters have also been expediently, confidentially and effectively re s o lve d by t h e wo r k o f the Jetstar Pilot Federation Committee and the AFAP. These include: • Negotiated separations for some members who would otherwise have been terminated; • Advocacy for members experiencing mental health issues impacting their short term ability to continue with their work; and • Re p re s e n ta t i o n and preservation of employment for a m e m b e r ex p e r i e n c i n g discrimination in the workplace from crew, resulting in a formal and ongoing investigation. • The Jetstar Pilot Federation Committee members and your AFAP industrial representatives, Simon Lutton, Andrew Molnar and Cate Larkins, remain on hand for confidential advice to Jetstar members regarding EBA, legal and industrial representation and support for welfare issues Finally, we wish to acknowledge the sudden passing of Captain Ross Dennerstein who passed away on 16 October 2016, a respected friend and colleague of many of you. Ross leaves behind a wife, Penny, and three young children. He will be missed. Our condolences to the Jetstar pilot group.
Air Pilot
Eastern
Pilot Federation
NEW COMMITTEE The Eastern Pilot Federation Committee is in a re-building phase after a series of very significant departures and resignations. Long serving Committee members that have recently left the Committee include: •
the most recent former Chairman, Ben Sharman, who is pursuing career options elsewhere;
•
a n o t h e r fo r m e r C h a i r m a n , Rob Lukman, who after a very stressful and tumultuous EBA campaign has decided to concentrate on family matters (although happily is still having some involvement with AFAP matters on the safety and technical front);
•
Rob McDonald who has taken up a job with Emirates;
•
Chris Stead who has moved to Qantas mainline;
•
Chris Somers who has moved to
NO. 2 | 2016
Qantas mainline; and •
David Griffith who is also taking a break and assessing career options.
All these pilots have put in a huge amount of work on behalf of the Eastern Pilot Federation over many years. The AFAP sincerely t h a n k s t h e s e p i lo t s fo r t h e i r invaluable contributions on behalf of their colleagues. They all have reasons for moving on or stepping down which we fully respect. The current composition of the Committee after these departures is Cam Terry, Robert Anderson, Cameron Bailey, Luke Ford and Jonathan Wenzel. Cam Terry, a former AFAP Vice-President and current MBF Board member is the new Eastern Council Chair. With a second call from nominations about to occur we remain hopeful that some more volunteers will step up to help share the load.
Like the Sunstate Council, the Eastern Council has a range of issues to address with QantasLink management. Ke y a m o n g s t these is rostering which becomes particularly difficult to address and remedy in an environment of high pilot turnover. With the dust settling on the last round of EBA negotiations and various management changes it is also apparent that now may be a good time to explore how the two groups, Eastern and Sunstate, can best work together. With a few years before the EBAs expire (and simultaneous expiry dates), the issue of a single QantasLink Council may come to the fore. Issues such as joint seniority also continue to be raised by both groups. This combined with a high turnover of pilots may mean there will never be a better time than now to explore a single QantasLink Pilot Federation. The Eastern Pilot Federation Committee or AFAP staff, Cate Larkins and Simon Lutton, can be contacted regarding any Eastern industrial, legal or welfare issue.
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International Federation of Air Line Pilots’ Associations
IFALPA REGIONAL REPORT The last few months have been a very busy on the IFALPA front for the AFAP/AusALPA. This includes: •
Sending a delegation to the NZALPA Conference held in Auckland 21-23 June 2016;
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Hosting the IFALPA Helicopter Committee meeting in Melbourne 10-12 October 2016;
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Hosting the IFALPA Asia Pacific Regional Meeting in Sydney 1-3 November 2016;
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Attending (via Matt Nielsen) the IFALPA Human Performance Committee meeting in Bangkok 9-11 November 2016;
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Attending (via Joseph Wheeler) the IFALPA Legal and Advisory Group meeting in Montreal, 9-10 November 2016; and
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Attending (via Joseph Wheeler) the IFALPA Professional and Government Affairs Committee meeting in Bogota, Columbia, 28-29 November 2016.
This does not include the plethora of work done by AusALPA volunteers and AusALPA technical staff in sub-committees and other related safety and technical work.
Delegates at the IFALPA Regional Meeting in Sydney.
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One of the highlights from the recent IFALPA AsiaPacific Regional meeting was meeting the Chinese Airline Pilots Association IFALPA Director and A330 Captain, Tony Shen. China has a unique political environment and it was great to meet and hear how they are going about establishing a pilot association in China. These types of contacts are invaluable, particularly as more and more Australian pilots fly into China and, as we have seen recently, Chinese companies take a greater stake in Australian airlines and aviation operations. Another highlight was witnessing the Korean ALPA representatives give a speech and present a gift to the Japan ALPA representatives in recognition of the assistance they provided to a Korean crew who recently had an incident in Japan. Acting IFALPA President Ron Abel also briefed the delegation on IFALPA’s global efforts to mitigate a push for multilateral “open skies” air service agreements within the ICAO Air Transport Regulation Panel (ATRP). These have the potential to send global aviation down the path of the shipping industry: the “flag of convenience” model where an airline of one country, employs crew from another country under their labour laws, with safety regulation and oversight carried out by country yet another, without the
Tim Robinson (NZALPA Pres), Mike Davidson (IFALPA Regional VP SOP), Martin Chalk (IFALPA Pres), David Booth (AFAP Pres).
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Philip van der Heever (AIPA ED), Simon Lutton (AFAP ED), Dawn Handforth (NZALPA ED).
need for it to operate into any of these. AusALPA is monitoring this issue closely and it is for this reason we asked our Aviation Legal Counsel, Joseph Wheeler, to attend the next IFALPA ATRP Strategy meeting (as part of the IFALPA Professional and Government Affairs Committee meeting) in Bogota in late November.
As you may know, the AFAP is a founding member of the International Federation of Airline Pilots’ Associations (IFALPA). 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 of IFALPA is “AusALPA”.
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Virgin NZ Pilot Reps with David Booth and Simon Lutton.
Anyone wanting more information on AusALPA/ IFALPA or interested in getting involved in the various IFALPA technical committees should contact Marcus Diamond on technical@afap.org.au
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.
AusALPA is a partnership between the Australian Federation of Air Pilots (AFAP) and the Australian and International Pilots Association (AIPA) to cooperate and share resources on the safety and technical front.
IFALPA is also broken down by region. AusALPA is part of the Asia-Pacific region and the regional committee meetings provide a forum for us to meet, network and collaborate with other pilot associations in the region (as well as world-wide). This opportunity is invaluable.
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.
It is this network of 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 IFALPA affiliate has an incident in Australia.
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AFAP LEGAL
CLAIMING YOUR
ENTITLEMENTS Many pilots in general aviation doubt whether they are receiving from their employers their correct entitlements under the Air Pilots Award (“Award”). These doubts are especially heightened when the terms and conditions of employment are not confirmed by their employer in a written letter of offer and/or a contract of employment. For pilots, the entitlements in question include not only minimum rates of pay but also the various allowances provided under the Award, for instance, for loss of licence, uniforms and meals required in the course of employment. Unfortunately, these doubts are often realised. The AFAP regularly sees instances of employers in general aviation either recklessly disregarding, or being ignorant of their Award obligations. We recognise that pilots in this position are faced with a difficult dilemma. On the one hand, they have the option of raising their concerns with their employer, either with or without the support of their pilot colleagues. However, in response, many employers will not only reject these claims outright, but often seek some sort of retribution against these employees, creating an environment in which their working arrangements are made difficult and within which they will be prompted, either sooner or later, to leave. On the other hand, these pilots can continue to work without raising their concerns, and thus face the prospect of being substantially out-of-pocket, especially when for many, their salaries are barely at the minimum Award rate, if at all. In the first instance, we recommend that any AFAP members unsure of their entitlements with their employer to contact the AFAP for assistance whilst their employment with that employer remains on foot. The AFAP’s industrial staff can advise of your correct entitlements under the Award, and review any associated documentation, such as contracts of employment and letters of offer. Should our investigations uncover any underpayment of Award or contractual entitlements, we can then guide pilots on the best approach to rectify the situation. As with any entitlement issue, the first option will always be to attempt to resolve it at the workplace level. The reasons for this are clear:
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It helps to maintain the working relationship; and
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Any positive changes are more likely to flow on to other pilots in the workplace
We appreciate that members can be reluctant to involve the AFAP to address any underpayment issues during the course of their employment. In these instances, we can tailor our support accordingly, for example playing a more background role for pilots wishing to directly engage with their employers. Please also remember that the AFAP will support any member against whom an employer takes action in response to a claim for outstanding entitlements. In fact, the Fair Work Act 2009 (Cth) prohibits an employer taking adverse action against an employee for exercising a workplace right (e.g. enforcing their entitlements under an Award), or because of their union membership. In the absence of resolving a matter at the workplace level, it will need to be escalated in some form. While the Fair Work Act permits claims for underpayments to be made up to 6 years after they accrue, recovery of an underpayment generally becomes harder with the expiration of time, particularly in the absence of written records on which an underpayment claim can be securely based. Also, in our experience, claims of underpayment can become more difficult and protracted when made after an employee moves on, to the point of requiring litigation to enforce the claim. It is important to understand that the steps toward litigation usually involve considerable time and effort for pilots. Moreover, where an underpayment claim reaches the point of judicial determination, much of the influence to be gained through raising the matter at the workplace level or pursuing on your own initiative (with the assistance of the AFAP) could be lost. When a dispute reaches the stage of determination, the final outcome is entirely in the hands of the Court, where a favourable outcome cannot be guaranteed. Having said this, we are very much aware that some employers are difficult to deal with, and in these scenarios, the AFAP will always support members to achieve the best possible outcome.
Please don’t hesitate to contact the AFAP should you have any queries about any wage or entitlement-related matter, or are considering whether you should pursue an underpayment claim.
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Make sure to visit the AFAP & AAPMBF’s stall at Avalon 2017
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Air Pilot