Air Pilot No 2 2018

NO. 2 | 2018

AIR PILOT

The Journal of the Australian Federation of Air Pilots

AIR PILOT CONTENTS// FEATURES

The Journal of the Australian Federation of Air Pilots NO. 2 | 2018

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AUSTRALIA’S AEROBATIC CHAMPION

6

QANTAS LABOUR AGREEMENT

20 ANNUAL CONVENTION

EDITORIAL STAFF

23 MEMBER PROFILE

Editor: Anna Cousins Assistant Editor: Abbey Minogue Contributors: Stuart Beveridge, Deanna Cain, Marcus Diamond, Paul Ferguson, Lachlan Gray, Joanne Janes, Simon Lutton, James Lauchland, Patrick Larkins, Cate Larkins, James Mattner, Simon Miller, Andrew Molnar, Matthew O’Keeffe, Louise Pole, Julian Smibert, David Stephens and Joseph Wheeler.

30 CELEBRATING 80 YEARS

24 REGULARS 12 TECHNICALLY SPEAKING 24 THE WOMEN’S NETWORK 26 WELFARE 36 NEW WINGS 39 MBF CASE STUDY

Designed by: Anna Cousins & Abbey Minogue

AUSTRALIAN FEDERATION OF AIR PILOTS 4/132-136 ALBERT RD SOUTH MELBOURNE VIC 3205 T +61 3 9928 5737 F +61 3 9699 8199 ADMIN@AFAP.ORG.AU

20 COUNCIL REPORTS

WWW.AFAP.ORG.AU

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COBHAM FEDERATION

SEND TO AIR PILOT

10 JETSTAR FEDERATION

Suggestions, articles and photos for Air PIlot are welcome.

11 TIGER FEDERATION

To discuss editorial contributions, or to make an advertising enquiry, please contact anna@afap.org.au

14 EASTERN & SUNSTATE FEDERATION 16 HELICOPTER FEDERATION 22 REX FEDERATION 28 NATIONAL FEDERATION 32 VIRGIN FEDERATION

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

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

The attention of advertisers is drawn to the section of the Trade Practices Act 1974 and the provisions in the Act which apply to advertising. It is not possible for the Federation or Publisher to ensure that advertisements that 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 editorials.

AFAP PRINCIPAL OFFICERS// President, Capt Louise Pole (Sunstate)

VP Admin & Finance, Capt Ben Bollen (Jetstar)

Senior Trustee, Capt George Brown (Sunstate)

VP Membership, Capt George Kailis (Virgin Australia)

Trustee, Capt Rob Nicholson (Rossair)

Safety & Technical Director, FO Stuart Beveridge (Virgin Australia)

Welfare Director, FO Matthew O’Keeffe (Virgin Australia)

Trustee, Capt Bryan Murray (Virgin Australia)

AFAP STAFF// Executive Director, Simon Lutton

Operations Manager, Joanne Janes

Senior Industrial/ Legal Officer, James Lauchland

Marketing & Comms Manager, Anna Cousins

Senior Industrial/Legal Officer, Deanna Cain

Legal Counsel, Andrew Molnar

Marketing & Comms Coordinator, Abbey Minogue

Office Manager, Ray Aspinall

Senior Industrial Officer, David Stephens

Industrial/Legal Officer/ Welfare Coordinator, Cate Larkins

Safety & Technical Manager Capt Marcus Diamond

Industrial Officer, Paul Ferguson

Safety & Technical Officer, Capt Julian Smibert

Membership Officer, Sophie Isaacs

Senior Industrial/Legal Officer, Patrick Larkins

Industrial Advisor, Simon Miller

Safety & Technical Officer Capt. Lachlan Gray

Finance Officer, Lennie Kovac

Senior Industrial Officer, James Mattner

Aviation Legal Counsel, Joseph Wheeler

NO. 1 | 2018 3

the

PRESIDENT’S VIEW//

Captain Louise Pole Dear Members,

In its 80th year the AFAP continues to be the leading organisation representing and promoting the interests of Australian professional pilots.

As the newly elected President, I congratulate and welcome the incoming elected Federal Officers Captain Ben Bollen (VP - Administration & Finance), Captain George Kailis (VP- Membership) and FO Stuart Beveridge (Safety & Technical Director). Former AFAP President Captain Robert Nicholson was re-elected as a Trustee. Alongside our ongoing Federal Officers, I look forward to working with such a dedicated and experienced team representing a range of airline operators.

After ten years as Vice President (Finance & Administration) the AFAP presidency is a new challenge for me. I am excited to have the opportunity to lead the AFAP executive team and continue to make a meaningful contribution to the AFAP’s ongoing growth and success. I am also keen to advocate for our members on other issues that I am passionate about, such as supporting people at every stage of their piloting career.

Being the AFAP President is not something I take for granted. I feel honoured to take on the role and will do everything in my power to protect and grow the Federation. The strength of the AFAP lies in you - our members and pilot representatives. At last count our total membership has grown to more than 5000 members spread across nine councils.

Over recent years we have also built significant reserves and resources which we are committed to managing responsibly and for the benefit of all members, be they in general aviation, helicopters, airlines or any other part of our industry. This diversity - being there for a pilot throughout their career - is a key strength of the Federation.

I wish to thank the outgoing president Captain David Booth for his dedication over the past four years. Captain Booth was an early proponent of the HIMS Australia Advisory Group (HAAG), tackling alcohol and substance dependence among pilots as well as developing other AFAP Welfare programs. He was also dedicated and persistent in his lobbying efforts to eovernment, ensuring that the AFAP members were given a voice.

Captain Peter Gardiner is also owed much gratitude for his outstanding efforts over ten years as Safety & Technical Director. Peter has also been integral to the AFAP’s lobbying efforts relating to fatigue rules changes by CASA. Most recently, in 2017 he drove the UNSW Australian pilot fatigue survey which is now a benchmark for the IFALPA pilot member associations in the Asia Pacific region.

One of the things which sets us apart from other pilot unions is the depth, skill and experience of our staff. We have 20 dedicated AFAP staff working across three offices and a variety of disciplines – industrial, safety and technical, marketing, communications, welfare and administration. The depth of our staff resources - particularly our well qualified and experienced industrial negotiators who work seamlessly and cooperatively with your elected pilot representatives - is what sets us apart.

In terms of enterprise agreement negotiations, 2019 is shaping up to be an extraordinarily busy year. We will have open negotiations across all councils and I expect that the year ahead will be a challenging one.s.

Thank you for placing your trust in me and look forward to representing the AFAP members as your 32nd president.

Happy holidays and all the best in the new year.

Captain Louise Pole AFAP President

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Air Pilot

AUSTRALIA’S AEROBATIC CHAMPION

a magnificent man in his flying machine

Having participated in aerobatic competitions from a young age, Alan Kilpatrick is Australia’s current aerobatic champion at the highest (unlimited) level.

A First Officer at Jetstar, Alan has been an active AFAP member since joining in 2011 and is also a Jetstar Pilot Federation representative. We spoke with Alan about his part-time passion and the great success he has had in this niche sport.

Alan was an early beginner to flying getting his restricted pilot licence at the age of 16. To fill in a year until he could get his unrestricted licence, he took the opportunity to learn aerobatics through flying school Action Aerobatics in the Hunter Valley NSW. First learning in the Pitts Special two-seater aircraft he then moved to the higher performing one seater.

Monoplanes are the main aircraft used in competition at the highest level but Alan has a home-built American DR-107 aircraft called One Design that he now uses.

Aerobatics is quite a niche sport in Australia unlike in America, Europe and Russia. Adding to the difficulty is the high cost associated with it, especially as you get to the top levels as Alan has.

Asked what has attracted him to acrobatics, Alan remarked on the precision, discipline and visualisation involved in it. He also enjoys being able to plan a sequence on the ground and then step into a plane and perform that maneuverer to perfection. To Alan, the sport is an artform.

Alan went on to compete and win at nearly all of the levels and in 2001 took out the National Championship at the intermediate level. He went on to win the nationwide Australian Acrobatics Championship at the top (unlimited) level consecutively in 2002, 2003, 2004 and 2005.

Following these wins, Alan took a five-year break from aerobatics to begin flying as a commercial pilot as he felt the two cannot be done at the highest level at the same time due to the intense training involved in preparing for a competition.

“Leading up to a competition I would take annual leave and intensively train - three days of flying going up three times a day followed by two days off.”

“Try and go by this schedule for about a month and you should be ready to compete” advises Alan.

In recent years, Alan has gone back to aerobatics competitions picking up where he left off and continued his winning streak to become the current aerobatic champion at the highest (unlimited) level.

NEXT COMPETITION If you would like to see Alan in full flying action, he will be competing at the Queensland State Championships at Watts Bridge Memorial Airfield on 27-29 July 2019.

Displays, re-enactments, joy flights and even aircraft for sale will be part of the show.

While Alan puts his success down “mostly to luck” he advises those interested in the sport to “sign up to a flying school and get involved in the competitions by attending open days or training camps that are offered”.

Even for those not interested in aerobatics, Alan urges pilots to try aerobatics “as it really is the best way to fully learn how a plane works and can help if you are ever in an abnormal situation down the track”.

Alan has been able to seamlessly master both a successful commercial piloting and part-time aerobatic career. “I got extremely lucky and was in the right place at the right time,” says Alan.

Only a year after first learning aerobatics at the age of 17, Alan took part in his first competition in the 1999 Australian Aerobatics Championships graduate level.

This was to be the first of a long list of championships won by Alan over the coming years.

On the cover: Australian Aerobatics champion Alan Kilpatrick enjoys rolling, tumbling, low level flying and darting vertically in the air in One Design which he not only flies but built over six years with a friend.

NO. 1 | 2018 5

QANTAS

LABOUR AGREEMENT

Just before Easter this year, Qantas made an application to the Department of Home Affairs (Department) for a labour agreement covering pilots and instructors (as reported in the last issue of Air Pilot).

This would enable overseas employees to be admitted into Australia beyond the two-year period permitted under a Temporary Skills Shortage (TSS) visa – previously known as the Temporary Work (Skilled) visa (subclass 457 visa) – program.

This Qantas labour agreement application impacts pilots at the Sunstate, Eastern and Network operations and instructors at the Sunstate, Eastern and Qantas operations of the Qantas Group companies.

Following feedback from members, the AFAP made a detailed submission in response to the Qantas Group Companies Labour Agreement Application on 16 April 2018.

In our submission in response we stated: “Our proposal is to have a ‘round-table’ meeting of all the interested parties to develop, or at least attempt to develop, a sustainable solution. This means a meeting of Government, Qantas Group management, the AFAP and AIPA pilot representatives.”

On 18 April 2018 Qantas responded: “The Company would be pleased to participate in a ‘round table’ with the AFAP to discuss issues related to the Request. The Company does not believe that the AIPA’s participation in this ‘round table’ meeting is warranted...”

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Despite our objections, the Department saw fit to approve the Qantas Group Labour Agreement Application in June this year.

Regardless of the Qantas view on who should be part of a ‘round-table’ discussion and the disappointing decision of the Department, The AFAP continued to push for a meeting of stakeholders. Qantas did not easily facilitate this (refusing to roster ‘admin’ time for the duly elected AFAP Qantas Group pilot reps to attend) but the meeting belatedly took place in Melbourne on 10 October 2018.

Attending the meeting for the various AFAP Qantas pilot groups were Captain Louise Pole (then AFAP VicePresident), Captain Cam Terry (Eastern Committee Chair), Captain Emanuel Zimmerman and Captain Stephen Maughan (Network AFAP Pilot Reps) and First Officer Alan Kilpatrick and Captain Joe Eakins (both Jetstar AFAP Pilot Committee members) along with Simon Lutton (AFAP Executive Director) and Cate Larkins (AFAP Legal/Industrial Officer).

On a point of principle other AFAP Qantas Group representatives decided not to attend. Their view was that pilot representatives should be fully rostered to attend meetings with the company to discuss company decisions regardless of who requested the meeting.

Attending the meeting for the various Qantas Group companies were Captain Adrian Young (Chief Pilot QantasLink, Eastern and Sunstate, Dash 8 Operation), Captain Anthony Jackson (Chief Pilot, Network Aviation), Captain Phil Gregory (A320 Fleet Manager, Network Aviation), Nick Collie (QantasLink, Manager Line Operations) and Michael O’Neil (Qantas IR).

Air Pilot

The AFAP is maintaining its position that a labour a g r e e m e n t fo r ove r s e a s p i lo t s i n to Q a n t a s i s unnecessary and will disadvantage the long-term career aspirations of many current Australian pilots who are ready, willing and able to fill all required roles if appropriate training and retention measures were implemented.

Qantas has taken a short-term approach to a problem which was both foreseeable and largely of their own creation. The company has also failed to explore other measures which taken holistically would avoid the need to import foreign pilots.

Instead, Qantas has taken no such steps and the decision has provided a short term band-aid solution which appears to reward poor management to the detriment of Australian pilots.

The AFAP is strongly encouraging the Australian Government to review and reverse this decision. We continue to lobby the Government and have a November meeting scheduled with the office of the incoming Minister for Jobs and Industrial Relations, Kelly O’Dwyer.

Our aim is to ensure that the Qantas labour agreement is not extended beyond the one-year period which has been granted so far.

A copy of the AFAP submission is available from Simon Lutton (simon@afap.org.au).

From left: Capt Stephen Maughan, Capt Cam Terry, Nick Collie, Capt Anthony Jackson, Capt Adrian Young, Michael O’Neil, Capt Phil Gregory, Cate Larkins, Capt Joe Eakins, FO Alan Kilpatrick, Capt Louise Pole and Capt Emanuel Zimmerman.

The meeting commenced with a request for answers to these ten specific questions:

Are there any additional terms and conditions for pilots employed under the labour agreement?

What exactly has been approved by Government? (how many pilots, how many instructors, at which entities, over how many years)

No.

A one-year agreement for up to 61 pilots at Sunstate/ Eastern/Network and 15 instructors at Sunstate/Eastern/ Qantas. It will be reviewed by Government after one year.

Will there be/do you expect any direct employment contracts (DECs)?

There may be. A preference will be to engage local DECs over those under a labour agreement.

Can we have a copy of the approval? (if not, why not?)

Will there be any changes to the minimum experience requirements for command (now or in the near future)?

No, not today. We will consider and advise.

This is currently under review.

How are you conducting the recruiting of these overseas pilots? (where, when, who?)

How does the labour agreement approval interact with the Qantas Group Pilot Academy proposal?

At this stage it has been via a hosted recruitment centre in South Africa. We have currently offered employment to 12 pilots and 3 simulator instructors. Another 35 pilots are in the pipeline or on hold.

There is no interaction/relationship.

Under what terms and conditions of employment will each pilot or instructor be offered/engaged under? (EBA, end of the list?)

The company outlined the group pilot program concept involving pillars of attraction, retention and training. The specifics of this program are yet to be announced.

Pilots will be employed under the terms of the relevant agreement and at the bottom of the seniority list.

Instructors will be engaged under contract and that is confidential.

When will any retention packages be announced?

What other strategies is the Qantas Group exploring to sustainably attract and retain Australian pilots?

Retention packages will be announced in the near future.

The check and training additional measures have already been implemented at QantasLink.

NO. 1 | 2018 7

COBHAM Pilot Federation

It has been a busy few months for the Cobham Pilot Council with the completion of negotiations of two new EBAs and multiple workplace issues taken care of within each business unit.

W I N N I N G T H E AG R E E M E N T WAS O N E THING ... IMPLEMENTING IT IS ANOTHER AT AIRLINE SERVICES While the Fair Work Commission has approved the new negotiated EBA, its implementation has proved trying. The company has been slow to adopt new allowances and has denied claims for the new duty change allowance, meal allowances and non-flying duty stick credit. It took four months post-implementation, with the perseverance of the AFAP, for these issues to finally be resolved.

There are also some teething issues within operations and rostering with the new roster protocol. The new Pilot Representative Forum (which has replaced the ineffectual former PCC) is working with the company and the rostering department to find a solution to the all-time low success rate of roster requests. Success rates have been coming in between 0-5% for some months causing pilots to lose faith in the roster request system pushing moral down.

During negotiations there was also a large staff turnover which eased after the EBA was approved. In recent weeks this has resumed with resignations of 4% of the pilot body in the last month alone. Pilots are working long hours with most crew doing 90-100 hours a month, but thanks to the new agreement we are at least now seeing financial reward for this increased effort.

FROM ONE EBA TO THE NEXT IN A BLINK OF AN EYE AT REGIONAL SERVICES The new 2016–2020 EBA was voted up by pilots four months ago but is still (at time of printing) with awaiting approval from the Fair Work Commission. After the FWC sought responses and some undertakings from the company in relation to the Better Off Overall Test (BOOT), we are hopeful that approval is imminent. It has been a long and drawn out process both in negotiation and FWC lodgment.

By mid next year your Pilot Representatives and the AFAP will be back at the table with NJE management commencing the negotiations for the 2020 PEA. How time flies!

With the big majors continuing to recruit, pressure is being put on our business unit. At the same time, the Fly In/Fly Out (FIFO) mining sector is starting to see signs of recovery and thus a demand in aviation activity.

The Company has secured several extensions in current contracts and has had recent notification of signing a 8

new contract that will see services out of Adelaide to Carrapateena (Oz Minerals) in South Australia. The is a three year contract.

With the retirement of Peter Nottage from Cobham, Mr Ryan Both is taking up the position of Senior Vice President – Australia. Ryan has previously held the position of General Manager, Regional Services. He has a good working knowledge of this business unit and the CPC looks forward in working with Ryan to promote the best for all Cobham Pilots.

AFAP FLUSHES OUT DESIGN FLAWS IN AIRCRAFT AHEAD OF EAGERLY AWAITED EBA NEGOTIATIONS AT SPECIAL MISSION (SAR) The SAR Operation is finally close to having a full complement of pilots with the last course for 2018 having commenced. There has been continuous lobbying via our internal Safety Reporting procedure, with the help of the AFAP, to get a fix on the inadequate toilet design on our CL604 aircraft. We are happy to advise that a new design has been accepted and modifications will occur when the individual aircraft are scheduled for their heavy maintenance checks.

The AFAP continues to provide legal advice regarding the Mission Management System capability and contractual requirement for continuous recording of all internal, incoming and outgoing audio communications on the aircraft.

We are also preparing for the next PEA negotiations which will begin in 2019.

C R E W I N G U N D E R P R E S S U R E AS T H E MAJORS CONTINUE TO RECRUIT SPECIAL MISSION PILOTS As with every other operator, pilot numbers have been impacted by the extended hiring period of the major airlines. Significant numbers of our experienced Captains and First Officers have elected to take up offers from the airlines to further their flying careers.

Replacing them has become increasingly difficult, as suitable candidates with the requisite level of experience thin on the ground. The company has responded with some ‘outside the box’ solutions, which are currently coming to fruition, relieving to a certain extent the strain on those pilots who are still filling the roster.

The solutions include offering FIFO basing for Captains with higher levels of experience, and a Pilot Training Cadetship. These moves have the potential to not only address the current shortage but provide an ongoing supply of suitably trained candidates in to the future.

Air Pilot

From an industrial perspective, the pilots and observers are covered by the current EBA which has a nominal expiry date of 30 June 30 2020. The FIFO captains are on Individual Flexibility Agreements for certain aspects of their employment, as provided for in the agreement, but are still covered by the agreement for the rest of their terms and conditions.

It will be the mission of the Cobham Pilot Council over the next 18 months to work with the pilot community within Surveillance to ensure that as many as possible are financial members of the AFAP. This will ensure that when the time comes to re-enter negotiations for the next EA all will enjoy the professional representation and guidance of the AFAP industrial officers, which has been so effective for us in the past.

COBHAM MEMBERSHIP GROWTH - NEED TO EXPAND SUPPORT BASE Membership growth within the Cobham Pilot Council (CPC) continues in leaps and bounds. This of course has the enviable but added need to provide on-ground support for members in each of the bases, especially adding pressure CPC members. We have been very fortunate for example to have Captain Bernie Le Riche step into a breech in Airline Services to assist Captain Belinda Baynham.

The AFAP provides considerable support and resources to the CPC and council members. However, Council members need additional support in responding to member queries, and advocating issues on behalf of

members, especially where the Council members are located in one or two bases. For example, in Airlines Services Belinda and Bernie are based in Brisbane and Sydney respectively and are covering members across all bases.

The AFAP and the CPC want to broaden the support base to members and are aiming to have ‘base delegates’ in each base for members to turn to in the first instance.

If any member is interested in taking on an active role in supporting members and pilots generally as Base Reps, please contact your local Council Reps: Capt Rowan Ward is the new Chair (NJE), Capt Belinda Baynham (NJS) is Vice-Chair, Bill Surtees (Special Missions), Ben Kirkwood (SAR), Mike London (NJE) and Bernie Le Riche (NJS) who is seconded in support of the Council, or your AFAP Senior Industrial Officer David Stephens.

FAREWELL CAPT ROHAN SMITH Long standing Cobham PIlot Council member and Chair Capt Rohan Smith has retired. Rohan was instrumental in the negotiations of three EBAs and the Council takes the opportunity to thank him on behalf of all members for his support throughout the years as Vice-Chair, Chair and Welfare representative. We wish him well with the next adventure in his aviation pursuits.

Capt Rowan Ward

Capt Belinda Baynham

Capt Mike London

Capt Bill Surtees

Capt Bernie Le Riche

Capt Ben Kirkwood

Please contact a Cobham Pilot Council member or your AFAP Senior Industrial Officer David Stephens to discuss becoming involved.

David Stephens Senior Industrial Officer david@afap.org.au 03 9928 5737

NO. 1 | 2018 9

JETSTAR Pilot Federation

Jetstar representatives met at the AFAP offices in Melbourne on 8 November. At the meeting were (from left) FO Alan Kilpatrick, Capt Clinton Baxter, Capt Chris Gibson, Andrew Molnar (AFAP), Capt Ben Bollen and Capt Brook Armstrong.

It continues to be a busy time for your Jetstar Pilot Federation. In recent months the AFAP representatives have finalised some significant issues with positive results. Preparation is also well underway for the negotiations of a new enterprise agreement which is due to commence in January 2019.

As raised in our last report, there has been significant change in Jetstar management. Your representatives are pleased to say that a robust yet effective relationship has now been established with the new Chief Pilot Captain Jeremy Schmidt and the Jetstar industrial relations/human resources team. The cultivation and maintenance of the relationship between the AFAP and Jetstar management is of paramount importance. This constructive relationship allows for earlier resolution of issues as they arise and can only be of great benefit to our Jetstar members.

Now that all the AFAP survey results are in, your representatives have drafted the AFAP log of claims in preparation for the negotiations for your new enterprise agreement. Of concern, particularly leading up to negotiations, is Qantas Group’s position in relation to the discretionary bonus (which becomes payable once the enterprise agreement is signed off).

As you will recall, the Qantas Group issued a statement that, in the AFAP’s view, operates unfairly. The statement essentially provides that an entire workgroup will be penalised (by not receiving the discretionary bonus) if one member of the workgroup acts in a way that “harms” the Qantas Group. Our impression is that the position taken by the Qantas Group is not supported by Jetstar, although Jetstar is, of course, bound by it.

The AFAP is hoping to minimise any detriment that the policy may cause to an effective, constructive and timely set of negotiations. Your AFAP representatives are confident that this will not create difficulties when negotiating your new enterprise agreement and will not adversely impact the progress of those negotiations.

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Your representatives are pleased to report that there have been some significant resolutions to matters since the last edition of Air Pilot: The status of Jetstar pilots who are on leave without pay while working for overseas Jetstar operators has been clarified. The confusion arising from some pilots having differing bid rights will be removed in future by Jetstar, and all leave without pay contracts for future pilots will have the same conditions as to bid rights.

•

Jetstar has confirmed that new pilots who were required to undertake initial security and emergency procedures training will receive 5.5 credit hours for each day of the training. Jetstar is in the process of calculating the back pay owed to these pilots.

•

After your AFAP representatives raised the inadequacy of inflight meals, Jetstar has agreed to pay an allowance until such time that meals of an agreed standard are provided. Discussions, with the involvement of an AFAP-funded nutritionist, are taking place now to ensure that adequate meals are provided.

•

The move to a preferential bidding system is well underway with productive meetings being held with Jetstar progressing this issue. Your AFAP representatives expect that the new bidding system will be introduced and become operational mid next year.

With the new Jetstar management now in place, your Jetstar Pilot Federation is confident that the productive relationship will continue to provide benefits to our Jetstar members, and will assist in the upcoming negotiations for your new enterprise agreement. We will keep you updated through regular briefings as those negotiations progress.

Air Pilot

TIGERAIR Pilot Federation

TRANSITION FROM AIRBUS A320 TO BOEING 737 The Tigerair fleet transition from the Airbus A320 to the Boeing 737 continues to progress with no certainty on time frames and no transparency regarding Company plans.

While we have some sympathy for those trying to manage the mechanics, such as developing training plans, the process in its entirety has caused an extraordinary amount of angst within the pilot group.

This is based on concerns that are legitimate and real, such as the loss of flight pay during the transition, as well as those that are perceived, such as concerns over base protection.

We hope the new management team is able to make this a far smoother process.

CREW ROSTERING SYSTEMS

Immediately after this result was published, we surveyed members to determine the key outstanding issues, and have now re-commenced negotiations with the Company. We hope to progress these negotiations without further delay.

PILOT GROUP Unsurprisingly, given the issues raised above, morale among the pilots is particularly low. We are seeing unprecedented levels of turnover in our First Officer ranks as pilots seek the security of other major Australian operators.

Since Tiger Airways commenced operating domestic flights in Australia in 2007, Tiger has had an unusually high turnover of Chief Pilots and CEOs. We hope the new senior management team led by Merren McArthur (CEO) can buck this trend and lift the group’s morale. An improved new EBA and a robust new rostering system would be an excellent start.

After operating under the Geneva rostering system for many years, Tigerair ‘upgraded’ to the AIMS system in April this year.

Despite this theoretically being a far more advanced system which would make rostering easier for all concerned, it resulted in a considerable backwards step. Complaint levels rose considerably in the first few months under the new system, with a wide range of issues being raised.

No doubt influenced by the consistent pilot feedback, Tigerair commissioned an external review of its rostering processes which resulted in a recommendation to move away from AIMS. Consultation will now take place over how we proceed to the next system. The most likely outcome appears to be that VARA will take over Tigerair’s rostering and that we will move to (a newer version of) Geneva.

EBA VOTE GOES DOWN In May this year we reached an in-principle agreement with Tigerair on a new EBA. Unfortunately, this was followed by months of back-and-forth over many different issues that were mainly related to rostering.

We achieved some additional gains through this period but there were still some perceived shortcomings in the proposed agreement, and it eventually became clear that a No vote was a distinct possibility. Despite this, the Company chose to proceed with the vote (in which 91% of the pilot group voted), resulting in the following outcome: 39% Yes and 61% No.

NO. 1 | 2018 11

FATIGUE RULES REFORM// AN EXTENDED RANGE OPERATION The AFAP Safety and Technical (S&T) team has been responsible for identifying several concerning relaxations of fatigue protections in the revised CAO 48.1 Draft Instrument. Without the AFAP’s active input directly to CASA and the Fatigue Rules Review Technical Working Group, many of these matters would have gone unchecked.

The AFAP had the vision to realise that there was a growing level of misinformation associated with the reform of the fatigue rules and that this was progressively replacing the established science. We concluded that a greater voice for the facts was required and sought an independent provider to establish the Survey of Fatigue for Australia’s Professional Pilots.

The AFAP has long been involved in the championing of high standards for pilot fatigue management and especially during the current extended review of the fatigue rules.

The AFAP was the only financial backer of this important research despite other pilot associations being invited to contribute to the survey funding.

Following on from our early involvement in providing feedback to the draft new fatigue rules in May 2016, the AFAP facilitated a Fatigue Management Workshop (at RMIT University in Melbourne).

This was very well-received, with approximately 70 delegates attending from all sectors of the industry including CASA officers, airline management and aviation professionals. This important educational seminar introduced fatigue management principles to some of the current CASA officers involved in the fatigue rules. Despite the important gains emanating from this workshop, significant levels of scepticism and misinformation regarding the new fatigue rules continued.

We remain concerned at the continuing industry pressure being applied to CASA where commercial interests and misperceptions are put ahead of safety. The University of NSW (UNSW) survey has provided clear statistical data which debunks the efforts of those trying to undermine fatigue science.

This research was further vindicated by CASA’s recent decision to conduct future, regular industry-wide surveys of fatigue and to use the UNSW survey as a template for these surveys. The UNSW survey has provided an acknowledged “baseline understanding” of fatigue which can be built upon. Without the research funding by the AFAP for the UNSW Fatigue Survey none of this would of occured.

The original CAO 48.1 Draft Instrument (2013) was based on scientific research on fatigue and would have represented an important step in the right direction towards better protecting pilots against fatigue. While we had concerns with some elements of the original CAO 48.1 Draft Instrument proposal, it was a marked improvement on the Standard Industry Exemptions which were in use at the time.

The commissioning of a review, and its subsequent recommendations, has eroded at least some of this original progress. The AFAP S&T team submitted a comprehensive rebuttal of many of these ‘erosions’ whilst also providing support where possible. The AFAP’s submission to the CASA consultation is available through the News and Events tab on the AFAP website.

In 2017 all professional Australian pilots were invited to participate in the UNSW Fatigue Survey conducted by Transport and Road Safety (TARS) researchers Professor Ann Williamson and Dr Rena Friswellat from the School of Aviation at the University of New South Wales.

Published in October 2017, the final report is available from News and Events at the AFAP website.

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Air Pilot

TECHNICALLY SPEAKING In the lead up to and during this current review, the AFAP has been an assertive participant and has taken proactive steps so to best ensure actual fatigue science is considered and included in the resulting fatigue rule set.

Whilst this current review is still incomplete, it is timely for us to reflect on what has already been done and how the gains in fatigue management are hard won and the challenges nearly as old as the Federation and flying itself.

The current review into the new fatigue rules is ongoing and the AFAP S&T Manager Marcus Diamond has recently participated in the latest meeting of the Fatigue Rules Review Technical Working Group.

Outcomes from the meeting will be made available to members via the regular S&T Briefings. If you do have questions relating to the review, please contact a member of the AFAP S&T team.

As can be seen from these article extracts below, many of the questions regarding fatigue amongst air pilots are not new. Questions were being asked more than 50 years ago and sadly many of the same questions remain as challenges today.

Source: 1965 AFAP Air Pilot

Source: 1980 AFAP Air Pilot

NO. 1 | 2018 13

EASTERN & The process for the next Eastern EBA is already well underway from the perspective of the Eastern negotiating team - Rob Lukman (Training Captain, Q400, MEL), David Hargert (Check and Trainer, SYD) and Ben Harris (CPT Q400 just checked to line, SYD) - each of whom will bring unique experience to the negotiating table. The relationship with Sunstate is positive and supportive, with a successful QantasLink meeting conducted in Brisbane in August to cement this show of pilot unity.

Not so positive is the way in which the Qantas Group have chosen to start the negotiations, firstly by issuing the Sunstate Notice of Representational Rights and scheduling numerous meetings with their negotiating team and not doing the same for Eastern, despite this being the first time the two EBAs are due to enter into simultaneous bargaining periods.

Secondly, the company has issued a directive across their Qantas Group pilots stating that they will deny their discretionary bonus for a whole workgroup if just one pilot is found to have caused ‘harm’ to Qantas.

It is unclear if this ‘harm’ means industrial activity at this stage, but it is a hostile start to the bargaining for QantasLink pilots (and Jetstar for that matter, whose agreement will expire mid next year) and signals what is likely to be a protracted negotiation for a new agreement.

The pilot negotiating team is standing strong, and expressed this in a series of successful pilot roadshows that took place following the recent EBA survey, which was concluded late September. The survey also generated some good insights into the pilot group and this data, as well as the ensuing discussion and direction

14

from those pilots who attended the roadshows, will be used to form the Log of Claims (which is underway).

Better remuneration was unsurprisingly the main claim the pilot group had but this was closely followed by more days off with pilots wanting to see at least ten days off per 28 in their rosters.

Better take-home pay is preferred via the base salaries, particularly for junior pilots, but there was an overall desire to see extension allowances receive an increase in recognition of effect to lifestyle. Interestingly, there was also an interest in better access to part-time flying and for genuine consideration to be given to a work payment per hour scheme as an incentive similar to those paid by jet operators like Jetstar and Qantas.

Rostering remains a constant issue, with the majority of pilots believing trips should be limited to a minimum of two nights wherever possible, and general dissatisfaction with overall lifestyle.

In the shadow of your EBA, the pilot rostering representatives are continuing to hold out for the right protections to your lifestyle to be built into the new Jeppesen rostering system although the meetings with the company seem to have been put on hold by QantasLink (at least for now).

Eastern is also listening to the pilot group’s concern about the new Qantas Labour Agreement, and the government approvals that have been issued against the AFAP’s advice for overseas pilots to work in Eastern and Sunstate. We will continue to always act in your best interests and advocate for better protections and conditions on your behalf at every opportunity.

Air Pilot

SUNSTATE Pilot Federation

EBA meeting held on 11 October 2018. From left - Nick Collie, Ian Verner, Ian Oldmeadow, Michael O’Neil, Russell Thompson, David Nelson, Richard Copeland and Rod Millroy.

The Sunstate Pilot Federation committee continues to work hard for its pilot group on multiple fronts including the successful enforcement of a variety of entitlements including by-pass pay, meals, duty travel and moving the Cairns accommodation.

The two biggest issues however are ongoing rostering issues and the replacement enterprise agreement negotiations.

The committee has held many meetings focusing on the rostering issue with both senior management and the rostering staff responsible for implementing the rosters and changes. We expect that many of the concerns we have raised in the rostering meetings will feed into the agreement negotiations.

The current Sunstate Pilots’ Enterprise Agreement 2015 expires on 31 December 2018. Negotiations for a replacement agreement commenced in early October 2018. To date the Sunstate EBA negotiating team has: • • • •

Met with their QantasLink counterparts at Eastern Australia Airlines; Conducted a survey; Held roadshow meetings at all Sunstate bases; and Met with the company on many occasions.

Sunstate EBA bargaining meetings with QantasLink continues, thought the pace remains relatively slow at this stage. Your Sunstate reps, consisting of Rod Millroy, Russell Thompson, David Nelson and Richard Copeland have put an extensive log of claims to the Company, reflecting the survey feedback from the pilot group.

The team will meet again to continue bargaining on 4 December 2018.

The expectation is that bargaining will be protracted, within a hostile Qantas Group environment (see the recent threats to your bonus linked to ‘harm’), and it will be conducted simultaneously for the first time with Eastern Airlines. An approach of partnership has been fostered with Eastern this time around, and though the claims differ, and meetings will be conducted separately, there is an intention for a supportive and communicative relationship between the two negotiating teams, which should collectively empower QantasLink pilots.

This time Sunstate claims will focus very much on protecting your lifestyle and more money, particularly for the newer recruits. Your EBA negotiating team remain dedicated to the work that they do, and while the team is led by the wealth of experience held by stalwarts Rod and Russell - we will have the younger Sunstate pilots represented very effectively by the new bargaining representatives David and Richard.

EBA meeting held on 17 November. From left - Rob Millroy, David Nelson, Simon Lutton, Russell Thompson, Ian Oldmeadow, John Gissing, Michael O’Neil and Nick Collie.

NO. 1 | 2018 15

HELICOPTER Pilot Federation It has been what can only be described as another torrid year for helicopter pilots in Australia. The biggest and most industrially organised sector of our AFAP rotary members has probably also copped it hardest.

Major players like the two legacy operators Bristow and CHC have been joined by international arrivals HNZ Group, PHI, Babcock and, most recently, Toll Group, and an even newer entrant Star Flight.

Bristow has seen its pilot body shrink from close to 140 full-time pilots to only 40 or so and there is more bad news on the way for another 8-12 heading into the Christmas period. After several ambit claims by the company for salary reductions, a recent third round of voting has seen Bristow pilots reluctantly agree to a conditional 5% pay reduction on base salary. This would only take effect if the commercial team were successful in securing new work for a defined level of activity.

While also previously facing drastic headcount reductions, CHC pilots have seen better news emerge with the recent announcement of a successful bid for the North West Shelf Consortium. This will see them service several oil companies from their extensive Karratha facilities. Much of this work is ongoing but it should put a floor under any further misfortune amongst the CHC pilot group.

Some concerns remain around the levels of Shell activity in Broome and management have pressed for concessions in both pay and conditions. CHC continues to offer a growing level of service and activity for all three Australian Defence Force services through a Search & Rescue contract.

This has seen newer aircraft and capabilities arise.

However, the new entrant was successful in gaining the Victorian Police Air Wing from CHC. Notwithstanding, the CHC representatives have done an admirable job of holding their ground generally.

In terms of both CHC onshore and offshore operations, both pilot groups are about to kick off their next respective rounds of enterprise bargaining, which in the current climate will be interesting. Both groups offered and showed considerable restrai9nt and offered significant austerity measures in their current agreements. It is unlikely CHC will be beating down a path to their pilots’ doors to acknowledge or reciprocate that.

Babcock helicopters, which currently operate from Barrow Island off the north-west coast of Western Australia and from Dili in East Timor, remain largely in a steady state. While the workforce is employed largely on individual agreements they enjoy industry standard conditions despite the current economic environment.

However, as with CHC, Babcock onshore pilots are also about to commence bargaining for their new agreement.

HNZ and PHI have undergone an ownership change and restructure. HNZ is now a wholly owned subsidiary of the American company Petroleum Helicopters International (PHI) and operates a large helicopter fleet from their Broome operation for the Inpex work. This all happened in the wake of the grounding of the Airbus H225 after a terrible fatal accident in Norway in 2016.

A HNZ AW109 Marine Pilot Transfer operation on approach in the Indian Ocean.

16

Air Pilot

HELICOPTER PILOT FEDERATION

HNZ/PHI also run Marine Pilot Transfer operations from Karratha and recently won a similar contract for services in Mackay. Having attracted many great pilots from Bristow and elsewhere who are working with a management team that seems to be focussed on communication and on building a genuine relationship with its staff, HNZ can probably expect to have no further issues with attracting quality staff as it grows.

This is reflected in the collaborative approach to negotiating a Greenfields Agreement with the AFAP to cover that operation from January 2019, while at the same time re-negotiating its “ESSO” pilots’ Enterprise Agreement.

However, the management team seems to have identified some of the issues surrounding this kind of behaviour and recent opportunities have been focussed on the introduction of less experienced pilots into the company, which can only be described as one of the few rays of light for pilots trying to break into complex multi-crew type operations.

The significant NEW Ambulance contract won from CHC almost three years ago continues with that Enterprise Agreement not due to expire 2020. However, Westpac Helicopter rescue Services which services “northern sector”, with bases in Newcastle, Lismore and Tamworth is currently re-negotiating their Enterprise Agreement.

Most of the remaining large operations are very much in a steady state. Contracts to provide Search and Rescue and Emergency Medical Services are mostly in mid-term and have been awarded to mature operators delivering high quality life supporting and life-saving services - Toll Helicopters, Babcock Mission Critical, CHC, Westpac, Life-flight and several smaller charity and state funded services.

With 2019 almost upon us we are hopeful that the next 12 months will show recovery in the sector, especially in the oil and gas sector. One thing is for certain though.

The rotary sector in Australia is going to be a very different place than we have seen over the last 30 years.

MBF Director Captain Mathew Nielsen has been appointed Chair of the IFALPA helicopter committee.

“This has given me an incredible insight into the global air transport system in general but especially in the rotary space. It has opened doors to ICAO via which our little group is making meaningful contributions to the development of new safety and technical standards,” Captain Nielson said.

Around the world helicopter pilots share many of the same challenges and there are increasingly less differences operationally.

Capt Matt Nielson (second from right in front row) at the IFALPA Helicopter Committee meeting held in Montreal, Canada on 25 September 2018.

The Airbus is a largely new helicopter derived from a type that was certified prior to new federal aviation regulations that came into effect in 1994. That meant that despite only being recently manufactured, the fuel system was not required to be of a crashworthy construction despite that modification being available both from the manufacturer and STC installations. In short, the old one was cheaper and lighter.

IFALPA has been working behind the scenes on new positions and assisting our North American colleagues in lobbying for change. The recent Federal Aviation Administration Reauthorisation Bill mandates retrofitting for emergency services helicopters and we hope to see that this is extended to all aircraft relying on legacy type certificates.

In the coming year we will be assisting with producing new global guidance material in performance standards, task specific training, offshore alternates, competencybased training and (very topically) airborne image recorders.

Helicopter members are fighting battles around the world about the inclusion of insecure video recordings in flight data analysis programs and in the cockpit environment more generally.

When Rescue 116 crashed into Black Rock of the West of Ireland last year with the loss of its entire crew, the interim report of the AAIB included the transcript of the pre-impact terror and final remarks of a crew that knew it was in fatal jeopardy.

According to Captain Nielsen, “it would seem even independent investigators cannot be trusted to honour the trust we place in them for the protection of such sensitive recording”.

“Until such a time as proper protections are instituted, we will continue to resist the installation of this equipment.”

Earlier this year an Airbus H130 conducting tourist operations in the Grand Canyon crashed into the canyon floor. All occupants survived the crash. Three died in the subsequent fire and explosion caused by a fractured fuel tank.

NO. 1 | 2018 17

FORMER EMS CHIEF PILOT

SPEAKING OUT ON MENTAL ILLNESS Mental illness remains a polarising topic around aviation circles. This is commonly due to a lack of information or widespread misinformation. The truth is that one person and one conversation at a time we can better understand that mental illness doesn’t discriminate based on gender, crew station, education or income.

Indeed, understanding mental health is as important as knowing your company’s operating procedures and embracing the latest technological advancements.

A combat helicopter pilot turned civilian rescue pilot is contributing to those conversations.

Kevin Humphreys is an experienced military and Emergency Management Services (EMS) pilot who recovered from a period of mental illness and is now an ambassador for mental health organisations.

Kevin wants to inspire people in the aviation industry to have courageous conversations in the boardroom, crewroom, hangar or cockpit around three core themes: • • •

M e n ta l i l l n e s s i s n o r m a l , m a n a ge a b le a n d recoverable for most people.

Mental illness can take you to new heights and successes.

Just start talking and listening even if you don’t know what words to use or are unsure how to respond.

Kevin encourages anyone suffering or unsure of their mental wellbeing to talk with their colleagues, AFAP Welfare representative and DAME about their situation.

Research and experience tells us that the sooner the intervention and positive addressing of any mental health issues, the quicker the rebound is likely to be.

He struggled with a mental illness cocktail of posttraumatic stress, depression, anxiety and moral injury that culminated in a breakdown and led him to contemplate suicide.

After an initial recovery period of nine months he returned to work and eventually became the Chief Pilot of Queensland Government Air Rescue.

In addition to his role as a welfare representative for the AFAP, Kevin now speaks about his own experience to provide an example for other pilots by showing mental illness is normal, manageable and recoverable for most people.

“While we are collectively addressing the stigma around mental illness, it still requires individual courage and compassion to have a conversation,” according to Kevin.

Kevin is a Community Ambassador for Mates4Mates which supports wounded, injured or ill former or serving Australian Defence Force (ADF) personnel. He is also a regular speaker at Beyond Blue events to promote awareness of mental health as well as addiction issues where the parallels to mental illness are striking. These issues include stigma, social impact, incongruence with flying, motivation to return to flying and rehabilitation.

With half the adult population suffering from some form of mental health issue at some stage in their lifetime, normalisation of the topic is required. When that is achieved, individuals will be empowered to raise their hand, get help and return to the workplace. A more stable home life is usually also achieved.

Only through normalisation of the subject can management better do their job, self-reporting be encouraged and early intervention achieved leading to the best possible outcomes for the individual, the organisation and the community.

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Kevin Humphreys a check and training pilot on AW139 helicopters and is a veteran of many overseas military deployments on Blackhawk and Chinook types.

Since 2011, in his post-military flying career, Kevin has worked as a check and training captain, director of operations and chief pilot for rescue and medical transport, including flying aircraft types a BK117, Bell 412 and AW139.

Next Issue: Kevin Humphreys shares his experience of sleep deprivation and its relationship to mental illness.

Air Pilot

LEGAL UPDATE //

TERMINATION OF ENTERPRISE AGREEMENTS

There have been significant developments in the law concerning the unilateral termination of enterprise agreements that have passed their nominal expiry date. These developments have had an impact on the environment surrounding negotiations of replacement agreements as they can significantly alter the relative positions of the bargaining parties.

Under the Fair Work Act 2009 (Cth) (FW Act) an employer, employee or union covered by an enterprise agreement that has passed its nominal expiry date can make an application to the Fair Work Commission (FWC) to have the agreement terminated.

When an application is made, the FWC must terminate the agreement if it is: •

not contrary to the public interest to do so; and

•

appropriate to do so, taking all the circumstances into account, including the views of the parties covered by the agreement and the effect the termination will have on those parties.

If both the public interest and the appropriateness tests are met, the FWC must terminate the agreement. There is no discretion to do otherwise.

The public interest test looks at the interest of the entire public, not just the parties to the agreement.

How the public might be affected will turn on the facts of each individual application. Relevant factors may include the flexibility sought by the employer, increased productivity and general economic growth and the beneficial effect termination may have on the broader public.

In the past, the FWC considered that it was usually inappropriate to terminate an agreement as it would interfere with the bargaining scheme promoted by the FW Act However, in the application to terminate the Murdoch University Enterprise Agreement 2014 [2017] FWCA 4472, this approach was discarded. Here, the FWC held that the status quo favoured the union such that it would not move from its position. Termination of the agreement would favour the University’s bargaining position however this was held not to be contrary to the public interest.

Of most concern is that termination of an agreement is not viewed as being inconsistent with the promotion of fair bargaining.

This is an unfortunate development, and there has been criticism on this point.

However, until the legislation changes, the FWC does not consider a radical alteration to the bargaining power of the parties contrary to the public interest.

The appropriateness test is broad, but it must always consider the views of the parties to the agreement and the effect a termination would have on those parties. It is the second element, the effect of the termination, which is often contentious. The termination of an agreement can significantly affect an employee’s remuneration, or other terms and conditions contained in the agreement which will be removed by the termination.

Where the effect on the employees is particularly detrimental, the FWC has held that undertakings provided by the employer (such as an undertaking not to reduce remuneration for a certain time period) can mean that that appropriateness test is met. This can lead to pressure for employees to vote up a new agreement that they would not have voted up otherwise, to avoid any reduction in remuneration, or other terms and conditions.

Although each case will turn on its own facts, the following general conditions must be present before an application to terminate an agreement has merit: •

Although an application can be made at any stage past the nominal expiry date, negotiations will usually be protracted, and have reached a stalemate;

•

The employer must demonstrate a beneficial effect on the broader public interest arising from the termination of the agreement; and

•

The effect on the employees will be ameliorated to a degree, which may be done by the provision of undertakings that will protect the employees (at least for a certain time period).

Although an application to terminate an agreement is a serious step, and any hearing will involve considerable time and resources, it is a step available to employers that pilots should be aware of. Where pilots are engaged in protracted bargaining, they should remember that the termination of their current agreement may have a profound effect on their bargaining position.

Please contact the AFAP’s Legal Council Andrew Molnar to discuss any issues or queries.

Andrew Molnar Legal Council E: andrew@afap.org.au P: 03 9928 5737

NO. 1 | 2018 19

2018 Annual Convention//

From left - Welfare Director FO Matthew O’Keeffe, outgoing Safety & Technical Director Capt Peter Gardiner with Trustees Capt Brian Murray and Capt George Brown.

From left - Safety & Technical Manager Marcus Diamond, CASA Principal Lawyer Anthony Carter and Chief Pilot Kurt Natalier

Front row from left - Civil Air Vice Presidents Scott Shallies and Bridget Hosking, Industrial Legal Officer Cate Larkins, HIMS Australia Advisory Group Chair Capt Lawrie Shaw, NZALPA General Manager Dawn Handforth and NZALPA President Capt Tim Robinson.

20

Air Pilot

This year’s AFAP Annual Convention was held on Friday 19 October in Queensland with more than 75 participating members in attendance together with guests from NZALPA, Civil Air, the HIMS Australia Advisory Group and the AAPMBF. We congratulate Captain George Brown on becoming a Life Member. George joined the AFAP in 1975 while an instructor at the Royal Queensland Aero Club. He has been at Sunstate for 35 years and is currently seniority number 1. Throughout his more than 40 years of involvement with the AFAP, and as an ongoing Trustee since 2007, George has contributed an exceptional amount of personal time and effort in reshaping the AFAP rules, always with a view to ensuring the AFAP operates in manner true to its intended purpose.

The other thoroughly deserved award went to Virgin pilot and EBA negotiator Captain Rodney Aldridge who was the recipient of the inaugural Terry O’Connell Memorial Award for outstanding industrial relations, Rod did an outstanding job in the most recent Virgin narrow body negotiations and is a thoroughly worthy winner of this prestigious award. Terry O’Connell was a very skilled and professional negotiator who would be very proud of Rod’s and the entire Virgin short-haul negotiating team’s excellent work.

Partner of the late and great Terry O’Connell, Jenny Doherty presents the inaugural Terry O’Connell Memorial award to Capt Rod Aldridge.

Capt Louise Pole presents Capt George Brown with an AFAP Life Membership.

Captain Ronald (Bluey) Aumann was added to the AFAP Scroll of Merit in recognition of his long and dedicated period of service. Joining the AFAP in 1970, Bluey has been a tireless worker for the AFAP members and has always shown a deep concern for his fellow pilots.

During the 1989 pilot’s dispute he managed the AFAP’s welfare reserve and various initiatives. While living overseas he continued to look out for his fellow pilots.

On returning to Australia, he joined Virgin Blue shortly after its establishment and became actively involved as a rostering representative and EBA negotiator. He was also instrumental in the establishment of Virgin’s Flight Operations Quality Assurance program. Bluey continues his AFAP involvement and concern for pilot welfare as a retired member welfare representative

Former Pel Air First Officer Kate Croft was named as the 2018 Harold Rowell for Airmanship Award recipient.

FO Croft was selected for the exceptional airmanship displayed during her handling of a medical emergency and pilot incapacitation event in February this year.

She applied outstanding skill and proficiency, all the while exercising the discipline to apply these in a safe and efficient manner in landing a Saab 340 aircraft at Mackay following the loss of consciousness of the pilot.

Proud parents Bernard and Yvonne Croft accept the Harold Rowell award for Airmanship on behalf of FO Kate Croft who was in flight training overseas and unable to attend.

Capt David Booth presents Capt Ronald *Bluey” Aumann with the AFAP Scroll of Merit.

The conlusion of convention marked the handover to newly elected federal and council office holders.

Congratulations to our incoming elected officials and thank-you to the outgoing officials for your valuable contributions. After ten years as Vice President (Administration & Finance). Captain Louise Pole is now the AFAP President leading an experienced and dedicated executive team made up of pilot representative from a range of aviation operatiors.

NO. 1 | 2018 21

REX

Pilot Federation

In a pleasing turn of events, the last few months have been a relatively peaceful period at Rex as far as industrial disputation goes. This is not to say that things have been perfect, as there will always be disagreements over certain issues, however there appears to have been a shift in dynamic.

The most prominent issue has been the high level of pilot turn over due to the sustained recruitment activity in the major jet operators. As a traditional ‘stepping stone’ employer for pilots interested in progressing their careers, Rex tends to feel the impact of industry recruitment quite hard. It is always sad to lose good quality colleagues, however we wish every former Rex pilot the very best in their careers.

THANKS MARK BENNETT The AFAP would like to take this opportunity to thank Captain Mark Bennett for his service as a member of the Rex Pilot Committee and the AFAP’s Rex Council over many years. Mark provided a strong voice and valuable support to members over this time and he will be missed. We wish him the very best in the future.

EBA NEGOTIATIONS HEARING

We have been negotiating for a new EBA since March this year, with some reasonably productive discussions having taken place. To date, this has been a welcome change from the previous negotiations which took around two-and-a-half years and involved some major changes to the agreement.

At the time of writing, we are hopeful that an agreed document will go to a vote of the pilot group sometime in late-2018 or early-2019.

Following our success in the High Court last year, our adverse action claim was referred to the Federal Circuit Court. The first step in this process was courtordered mediation, which occurred in late-August before Registrar Ryan. Unfortunately, no resolution was achieved through mediation and the matter will now be listed for hearing, likely in the second half of 2019 due to the limited resources of the Court.

We are now in the process of gathering evidence for the hearing, which is due before christmas. We will then see Rex’s material in the new year.

training pipeline blockage not a pilot shortage

In recent months the AFAP has commented in response to media articles reporting an alleged pilot shortage in Australia.

Unfortunately, regional airlines and general aviation have been unable to train replacement pilots as quickly as they are losing them.

The AFAP has sought to correctly characterise this issue as a short-term “blockage” in the broader pilot training pipeline.

Ensuring that regional and general aviation operators continue to develop and enhance their commitment to pilot training and in general, prioritise pilot retention remains a high priority for the AFAP.

This blockage has been caused by a sudden upturn in recruitment by jet airlines that has had the effect of drawing a considerable number of pilots from regional airlines into jet airlines.

Successful recruitment campaigns at Qantas mainline and Virgin Australia Group (for instance) have impacted regional airlines and other operations, with pilots leaving regional airlines and general aviation to progress their careers.

22

The AFAP has also been outspoken about the federal government’s labour agreement with Qantas that will allow the airline to bring in overseas pilots and instructors to support its training needs.

The AFAP’s letter of 15 August to the Hon Peter Dutton (then Minister for Home Affairs, Immigration and Border Protection) can be viewed at afap.com.au.

Air Pilot

FAREWELL &

THANKS

Captain Warwick (Wok) Walesby The pilot community thanks Captain Warwick (Wok) Walesby for his dedication to improving the working conditions of Australian pilot over more than 40 years.

The AFAP wishes him all the best with his ongoing consultancy in Operations Manual structure and compilation, process analysis and regulatory compliance.

After completing a Bachelor of Commerce (Economics/ Law) in 1972 Warwick headed to PNG to fly with Mission Aviation Fellowship (MAF).

After returning to Australia in 1979, he joined East West Airlines (EWA) and commenced his long association with the AFAP. He started as a First Officer (F/O) on the F27 then progressed to the F28 and then to Command on F27 in 1986.

While in EWA he was one of the pilots responsible for the creation of monthly flight crew rosters - quite an onerous task as it was all done by hand back then!

He was about to start his training for command on the F28 when the pilots dispute intervened. In the meantime, Warwick did some handyman jobs in the community and then in February 1990 was offered a F/O position with Eastern Australia Airlines (QantasLink) initially on a BaE 31 Jetstream. He followed the usual path through the company from F/O Dash 8 to Captain J31/32, spending some years on this aircraft as a Training Captain, before finally taking up a command on the Dash 8.

In early-1982 he joined the AFAP’s NSW Branch Eastern Airlines representative team and soon became its Chairman as it morphed into the Eastern Pilot Council (EPC), one of the first to be formally established.

During that time, he had oversight of several pilot EBAs which saw the introduction of provisions concerning extension and displacement from rostered duty and the termination of pilot conducted fuel drains on the DASH 8. He also had oversight on the establishment of the ruleset that provided governance over the use of the Simulator. Of particular note was the restriction on ‘back of the clock’ check sessions for QantasLink pilots who were not usually ‘acclimatised’ to that time period. He was known for his fairness, honesty and his integrity.

Resigning as EPC Chairman in 2000, he led a team to transition Eastern into a high capacity Air Transport Operator as it introduced the DHC 8 300 series. On its successful conclusion he was asked to join the management team as the Manager Regulatory Affairs.

He became the Deputy Chief Pilot three year later.

Warwick’s internal company responsibility was the oversight of the safety and regulatory compliance of QantasLink operations through management of the numerous governance manuals.

He was also required to represent QantasLink’s operational interests to the wider aviation community.

During this period, Warwick achieved several milestones that enhanced the safety of Australian aviation. He designed the process and thereby established the first Area Air Operators Certificate for a regional airline in Australia, which has remained largely unaltered over time.

He successfully drove the operational and compliance aspects for the establishment of QantasLink operations in many new locations, notably Adelaide, Perth and the International (PNG) Area Air Operators Certificate for Sunstate Airlines (QLD) in 2010 resulting in international routes between Port Moresby and Cairns.

As an industry representative on the CASA Standards Consultative Committee, Warwick participated in the earliest versions of several CASA Working Groups, including CAO 48 (Fatigue), CASR Parts 61, 71, 99, 119, 141 and 142.

He was also an industry representative on several Airservices Australia working groups, particularly those related to Airspace management. In this role Warwick was one of the main driving forces behind the rollback of certain unsafe aspects of the National Airspace System (NAS). Together with some AFAP colleagues, his efforts resulted in the reintroduction of a practical set of air radio procedural calls and the retention of mandated radio carriage for aircraft operating at and around regional airports. He was also a vigorous advocate for mandatory Transponder carriage.

His final operational flight was on the back end of a Captain Choice tour in 2013. He then jointly led a Network Aviation Australia team to transition from a FIFO Charter operator to a Regular Public Transport (RPT) operator which required a full restructure and re-write of the entire Operations Manual and the CAMO Exposition.

Warwick finally retired from QantasLink in April 2014 having amassed over 18000 hours flying experience. He has since taken up an aviation consulting role based in Port Macquarie and is currently assisting a local Charter company transition to RPT operations.

NO. 1 | 2018 23

THE WOMEN’S NETWORK//

WOMEN’S NETWORK

ANNUAL GENERAL MEETING The Women’s Network continued to have a successful second half of the year, starting with the annual general meeting (AGM) held at the AFAP office in Brisbane on 7 June.

At this year’s AGM the Women’s Network Convenor Capt Louise Pole welcomed Squadron Leader Samantha Freebairn - the most senior female pilot in the Royal Australian Air Force – to speak about her extremely impressive career.

RAAF SQNLDR Samantha Freebairn is an operational C-130H and C-17 pilot, women’s leadership specialist.

Also a gender diversity and inclusion advocate, she spoke about the various initiatives the Air Force has taken to mitigate the identified barriers required for an increase in women’s representation in military flying roles.

Attending members enjoyed hearing Samantha’s p e r s o n a l s to r i e s o f w h a t s h e h a s ex p e r i e n c e d throughout her career, especially in many scenarios when she was the first and only woman in some positions.

ASSERTIVE MANAGEMENT TRAINING TECHNIQUES The Women’s Network ran a full-day course on assertive management techniques to use in both professional and personal settings. Communications Specialist Karen Phillips provided the training, that included group activities and open discussions, focussing on five main aspects: •

The power of communication;

•

The ability to translate vision to action with win-win results

•

Consistent performance

•

The ability to handle conflicts and crises with confidence and;

•

Emotional momentum and balance of behaviour.

The interactive training was made especially successful by the wide range of jobs, positions and ages of the attendees, allowing for a very open and robust discussion about sitautions in many different workplace settings.

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Squadron Leader Samantha Freebairn is currently the most senior woman pilot in the Royal Australian Air Force (RAAF) and has been an operational C-130H Hercules and C-17 Globemaster pilot, flying combat and humanitarian relief missions.

RAAF SQNLDR Freebairn was Operations B Flight Commander for 36 Squadron and its fleet of eight C17 Globemaster aircraft. She also wrote the policy which enabled her return to operational flying after having children.

In 2014 she won the QLD Telstra Business Women’s Innovation Award for her Graduate Pilot Scheme, which incentivises military aviation to women who had never previously considered it. The project successfully doubled women pilot numbers in Air Force in two years, when they had remained stagnant for the prior 30 years.

RAAF SQNLDR Freebairn has a Bachelor of Science degree and a Masters of Leadership, and this year completed the ‘Global Leadership and Public Policy for the 21st Century’ program at Harvard University John F. Kennedy School of Government.

She grew up in Drysdale, Victoria before joining the Air Force in 1996. Samantha is married with two young children, and in 2016 was appointed by the World Economic Forum as a Young Global Leader in its list of most influential global leaders under 40 years.

Air Pilot

SAFETY & TECHNICAL

CONFERENCE ROUND-UP

PACDEFF/AAvPA Symposium (from left) - Angela Williams (AIPA), Christian Antoniak (AIPA), Stuart Beveridge (AFAP), Geoff McInness (AIPA), Esther Veldstra, (AFAP) Will Stamotopoulos (AIPA), Lachlan Gray (AFAP), Maggie Tran (AIPA), Marcus Diamond (AFAP), Joesph Wheeler (AFAP), Matthew O’Keeffe (AFAP).

IFALPA ASIA PACIFIC REGIONAL MEETING On 2-4 October representatives from AusALPA attended the IFALPA Asia Pacific Regional meeting in Kuala Lumpur, hosted by the Malaysian Airlines Pilots’ Association (MAPA). Day one featured a showcase of the impressive progress MAPA had made in recent years, and was attended by Malaysian Transport Minister Loke Siew Fook who also cordially invited the pilot association to a permanent seat at the national aviation advisory body.

The day was also treated by an interactive presentation

by AFAP Safety & Technical Manager Marcus Diamond on FRMS. On days two and three the delegation discussed common regional flight safety matters including fatigue, safety investigation, airspace design and procedure, and deficiencies in airport infrastructure.

PACDEFF & AAVPA SYMPOSIUM On 7-9 November the premier Human Factors regional conference was held in Sydney: the Pacific and Australasian CRM Developers and Facilitators Forum (PACDEFF) combined with the Australian Aviation Psychology Association (AAvPA) Symposium.

With the AFAP as one of the primary sponsors, this eve n t fe a t u re d t h e m o s t u p - to - d a te re s e a r c h , development, and practices in the Human Factors field from all around the world. The presentations and workshops featured the latest on evidence-based training, startle & surprise response, eye tracking and virtual reality technology, safety systems, decisionmaking, and resilience, just to name a few.

The conference also received a presentation on the latest developments of the HIMS substance use disorder program by AFAP Welfare Director FO Matthew O’Keeffe and Qantas Medical Officer Dr Russell Brown.

IFALPA ACCIDENT ANALYSIS & PREVENTION COMMITTEE As the collaborative organisation of AFAP & AIPA on safety & technical matters and the member organisation of IFALPA, AusALPA for the first time hosted the IFALPA Accident Analysis & Prevention Committee meeting in Sydney. The representation was extensive, with pilot representatives attending from France, Spain, Austria, Brazil, Denmark, Finland, Germany, Israel, Japan, Malaysia, Morocco, Netherlands, New Zealand, Norway, Singapore, South Africa, South Korea, Thailand, the UK and US. The delegation discussed issues arising from recent aircraft accidents including flight recorders, data protection, positive safety culture and NOTAMs. The manufacturers Airbus, ATR and Embraer were also represented, and provided exclusive insights into completed and ongoing investigations around the world.

The meeting was also treated by guest presentations from Debbie Slade from Qantas Fleet Safety as well as ATSB Chief Commissioner Greg Hood. As a showcase of our cooperation on flight safety, AusALPA (as AFAP & AIPA) took the opportunity to ratify renewed Memoranda of Understanding with the ATSB, paving the way for greater opportunities for shared information, training, and investigation expertise.

For more information on these events or becoming an S&T representative yourself please contact us at technical@afap.org.au

Stuart Beveridge S&T Director stuart.beveridge@afap. org.au

NO. 1 | 2018 25

WELFARE AFAP Welfare continues to distinguish itself as a vital part of the member services, with cross industry collaboration through participation at the annual Australasian Society of Aerospace Medicine conference in Alice Springs and an invitation to the AFAP Welfare Director Matt O’Keeffe to present at the recent Aeromedical Conference in Hobart.

Matt delivered an opening address entitled ‘Peer Support for Frontline Medical Staff’ on Day 2 of the Aeromedical Conference to a packed house. He drew on the numerous case study examples from the AFAP Welfare portfolio, including acute cases where suicide or self-harm has been a risk and there has been a need to involve a welfare team that includes pilot welfare reps, aviation medical and clinical psychologists.

In this way, drawing on the expertise and experience of the welfare team, the AFAP’s Member Assistance Program (MAP) works to preserve health and safety and help individuals begin the road to recovery.

The AFAP continues to build this essential service - the only completely independent peer support program of its kind in Australia.

AFAP Welfare provides a benchmark peer support program through its Pilot Welfare Representatives (that are listed with contact details at afap.org.au). These are trained pilots available across the industry and throughout the country to provide a listening ear to their colleagues and peers.

HIMS in Australia has been a large focus of this year’s PACDEFF and the HIMS Annual Seminar held on 27 November in Mascot at the Qantas Airways head office.

This transformative event hosted a number of industry luminaries speaking about the profound benefits that a drug and alcohol intervention like HIMS can provide to protect Australian pilots’ jobs along with the safety of the industry and save lives. Speakers included Capt Keith Otsuka (Boeing Chief Pilot), Shane Carmody (CASA), LCDR David Munro (Royal Australian Navy), Capt Corey Slone (National HIMS Chair, US ALPA), Capt Simon Nicholson (HIMS Chair, NZALPA), Dr Kate Manderson (ASAM), Captain Dave Fielding (British Airways Company Council) and Capt Adrian Park (Helicopters).

If you are interested in learning more about HIMS with a view to becoming involved or training as a peer monitor - or if you or someone you know is experiencing a substance abuse problem and you want some advice, please contact AFAP Welfare on welfare@afap.org.au.

The AFAP Welfare Department wishes everyone a safe and happy new year as we look forward to delivering the best pilot welfare service for our members in 2019.

Member Assistance Program 1300 307 912

Matt also presented at PACDEFF 2018 held in Sydney in November. This CRM and Human Factors conference consisted of two days of world class presentations followed by the biennial symposium of the Australian Aviation Psychology Association.

Matt is dedicated to raising the profile of AFAP Welfare into his tenure in 2019, and continuing to build vital partnerships with aviation medical, aviation psychology, company management and other partners wherever it is necessary to provide wrap-around services that protect the health and safety of the AFAP membership.

This year the AFAP has seen a marked increase in the use of the Member Assistance Program, which gives us hope that some of the stigma around pilot mental health is reducing, and pilots are entrusting their specialist member services when they need them. Family members, including both partners and children are also increasingly using the service, actively encouraged by the AFAP because welfare is not just about individuals, but the health of relationships and families.

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FO Matthew O’Keeffe and Qantas Medical Officer Dr Russell Brown co-presented on drug & alcohol treatment and recovery at PACDEFF 2018 on 27 November.

Air Pilot

A FA P W E L FA R E

A N N UA L SUMMIT

The AFAP held its now annual Welfare Summit, hosting industry luminaries from across the aviation landscape, in Melbourne on 6-7 June. It was an exceptional event with more than 50 attendees.

Featuring quite profound and transformative discussions focussing on improving the health and wellbeing of pilots in all areas of the Australian aviation industry, the summit provided an opportunity for our Welfare Representatives to further develop concrete skills to take back to colleagues, friends and workplaces.

On the first day we heard from former CASA Principal Medical Officer Dr Michael Drane, who focussed on the new ways CASA treats pilots with substance abuse or mental health issues. Depending on how we treat our pilots a crisis of either kind can present either a ‘problem or opportunity’. More importantly, experiencing either substance abuse issues or a mental health issue no longer means an end to a pilot’s career.

AFAP’s Member Assistant Program (MAP) started in 2016. The second day was facilitated by our MAP clinical psychologist Dr Laura Fildes. Laura provided a wealth of information to help our reps develop best practice.

She also provided instruction on the practical skills needed to reduce stigma, build safe workplaces, have difficult conversations and recognise pilots who are in trouble. We also learned more about common mental health issues and the impact of post-traumatic stress disorder, along with self-care strategies and emotional intelligence.

Feedback from the Welfare Summit 2018 has been spectacular so check out the video recordings of the presentations on the AFAP website.

Next up on Day 1 was Dr David Powell (Medical Advisor to IATA and Aviation Medicine Specialist at Virgin Australia Airlines), whose presentation ‘Drugs, Diagnoses and Dramas’ was every bit as riveting and informative as it sounds.

Qantas Group DAME Dr Russell Brown and our own AFAP Welfare Director FO Matthew O’Keeffe followed with a much needed update on how HIMS is progressing in Australia. HIMS is a system for providing a safe harbour for pilot’s experiencing substance abuse disorder, and it has been proven to save jobs and lives.

HIMS is only its infancy in Australia, but we heard how there were already two success stories of pilots in recovery and back to flying.

Captain Toby Messner (Royal Flying Doctor Service South Eastern) showed us the power of the personal and mesmerised the room with his story of a journey from substance abuse to recovery.

The day finished with a home perspective from Erica May who oversees SkyFamilies – a resource for the partners and families of pilots.

Former CASA Principal Medical Officer Dr Michael Drane presented at the AFAP Welfare Summit on 6 June 2018.

To become involved in the next AFAP Welfare Annual Summit (being organised for mid-2019 in Brisbane) or to volunteer to be an AFAP Welfare Representative, please contact Cate Larkins, (AFAP Welfare Coordinator) or Matt O’Keeffe (AFAP Welfare Director) on welfare@afap.org.au.

NO. 1 | 2018 27

NATIONAL AIR NORTH EBA NEGOTIATIONS

Pilot Federation

Facilitated by members of the Fair Work Commission (FWC), who have attended meetings between AFAP representatives and the company, the ‘New Approaches’ process has focussed on the respective interests of both the pilot group and management as the basis for reaching an agreement.

The FWC’s ‘New Approaches’ process is bringing the parties closer to a deal.

Encouragingly, all parties have been committed to the process, and we trust that further progress will be achieved shortly.

ALLIANCE Earlier this year a new EBA in Queensland was finally approved by the FWC. That brought to a conclusion a very protracted, and at times difficult, negotiation.

There were certainly some positives that came out of the negotiations. Coming from a very low base, there was an increase in membership, and a resounding ballot result when protected industrial action was being considered. There were also some significant increases achieved in the final agreement, to both remuneration and rostering provisions.

These outcomes were the result of a concerted bargaining effort by the AFAP Alliance representatives and reflected numerous significant improvements on the offer that was soundly voted down by the pilot group in late-October/early-November 2017.

Unfortunately, it is also apparent that the final EBA could have been a better agreement overall.

All that was needed was for Alliance management to be more prepared to work with the AFAP and its represetatives, Instead they resorted to an adversarial style of negotiation, where suggested changes and improvements from the AFAP were routinely rejected.

Meanwhile, negotiations have now commenced for the Alliance pilots based in Adelaide. Of particular interest is that there are two separate negotiations currently occurring – one for the F100 pilots and one for the F50 pilots.

Given the experience of the negotiations in Queensland, and the technical difficulties that Alliance subsequently had getting the Queensland agreement approved, it may well turn out that the negotiations in Adelaide will progress no more easily than the Queensland negotiations did.

Alliance is also currently seeking to have an agreement approved by the FWC for pilots flying in the Northern Territory. Interestingly, the AFAP was not aware of that 28 28

EBA until it had already been voted upon, and submitted to the FWC. Unfortunately, upon review of the proposed EBA, the AFAP has identified some serious questions that need to be answered in regards to the content of the document, as well as holding separate concerns about the processes Alliance followed at various stages of the negotiation.

SKYTRANS Skytrans has re-emerged after going into administration in January 2015. Negotiations for a new EA have only just commenced recently. It is very early in the process so there is little to report, but we have good represetatives there, so it is hoped that we will be able to achieve a good result.

TOLL AVIATION All has gone quiet on negotiations for a new EBA. To date the Toll Aviation has put out their preferred versions of the EA three times, and as yet still do not have a majority of pilots prepared to support their offer.

In the meantime, the last pay increase received by the pilot group was a 3% pay increase, effective 1 July 2018, courtesy of their current EBA.

ROYAL FLYING DOCTOR SERVICE (QLD) EA negotiations are progressing. The RFDS Board has just agreed on a further counter offer that the pilot group now has to consider. This offer would certainly lead to increases in pilots’ overall salary, as well as improving the financial assistance provided to pilots in the more remote areas of western Queensland. However, pilots may not consider the offer sufficient, and there still remains no agreement as yet on various issues around rostering concerns.

SOAR AVIATION Unfortunately, our members at Soar Aviation have experienced multiples breaches of the Award and the Fair Work Act involving issues such as underpayment, training bonds and sham contracting.

The AFAP is currently assisting these individual members, and considering a range of measures in response, including the potential use of Right of Entry permits to enter Soar Aviation’s premises to inspect records relevant to these breaches.

Chartair There have been promising negotiations between Chartair and the AFAP towards an enterprise agreement, with a genuine commitment on both sides to reaching an agreement that will leave pilots better off than the Award. This will mean that Chartair, and GA operators that want to follow their lead, will become an employer

AirPilot Pilot Air

NATIONAL PILOT FEDERATION of choice during this pilot shortage. The parties are due to meet again in October in Alice Springs, with the view of reaching an agreement and completing drafting by the end of the next financial year.

Air Frontier Air Frontier, like some of their GA counterparts, are confident they have a right to bond their pilots, even if this means withholding final entitlements and pushing them below the terms of the Award.

At the moment the AFAP are in Court with Air Frontier representing several former pilots who are seeking the payment of their final employment entitlements. The AFAP are arguing that the bonds they were subject to should be unenforceable due to the protections of the Award. Particularly clause 16.2 which makes all training conducted during the employment at the employer’s direction the employer’s liability.

The case is presently listed for Further Directions later this year, so watch this space for an outcome, as a decision from the Federal Circuit Court in this area has the potential to really influence the GA sector and the way in which GA operators bond their pilot employees in the future.

Express Freighters Australia Over recent months, the AFAP has been meeting with and surveying members at the Qantas Group’s main freight operator in anticipation of the upcoming EBA negotiations. Some clear themes are coming through in this feedback, and we expect meetings to start before Christmas. With the AFAP sharing coverage of the pilot group with AIPA, the two unions intend to work together in an attempt to achieve the best possible outcome.

AIR PILOTS AWARD REVIEW Some key changes to the Air Pilots Award have been made recently by the Fair Work Commission (FWC) as part of its 4 yearly review of modern awards. The AFAP has continued its active participation in this process.

These changes are in addition to the increase in minimum wages and allowances under the Award which took effect from 1 July 2018.

One such change involves giving casual pilots the right to request conversion of their employment to either full-time or part-time employment. Casual pilots can exercise this right where they have worked a regular pattern of hours over the preceding 12 months. The request can be refused by an employer on reasonable grounds and after consultation with the pilot.

A further change involves the provision of 5 days’ unpaid leave to both permanent and casual pilots to deal with family and domestic violence. The leave may be taken where a pilot is experiencing family and domestic violence, needs to respond to the impact of that violence and is unable to make that response outside their ordinary hours of work.

In addition, under the Award, pilots now have the right to request flexible working arrangements. Any request made by a pilot needs to be in writing, set out the change sought and the reasons for the change. The employer must respond to the request in writing within 21 days of the request being made and can only refuse the request on reasonable business grounds.

Furthermore, the Award now obliges employers to pay pilots their wages and entitlements on termination within 7 days of the effective date of termination.

Hopefully this requirement will assist the AFAP’s efforts to recover outstanding wages and entitlements on behalf of pilots, with the AFAP able to pursue any breach of this clause.

We are also awaiting the FWC’s scheduling of a hearing to determine substantive changes proposed by the AFAP to the Award to: (i) insert a rate of pay for pilots flying Embraer 135 and 145 aircraft, and; (ii) expand the regional airlines schedule to ensure that pilots operating larger aircraft are Award-covered.

For enquiries about changes to the Air Pilots’ Award, please contact AFAP Industrial Advisor Simon Miller smiller@afap.org.au or the AFAP Office on (03) 9928 5737.

NO. 1 | 2018 29

CELEBRATING

80 YEARS IN 2018 1938 – Australian Institute of Air Pilots and Navigators formed (May) 1938 – Kyeema disaster at Mount Dandenong (October) Post WW2 – Influx of returning RAAF pilots and a decline in job security and working conditions 1946 – Australian Air Pilots Association became a registered union 1948 – Foundation member of the International Federation of Airline Pilots Associations 1960 – First AFAP Annual Convention held at the Hotel Metropole, Sydney (May) 1961 – AAP Mutual Benefit Fund instigated (May) 1975 – President Bert Smithwell officially opened new head office in Albert Road 1989 – Nationwide Pilots’ Dispute 1997 – AusALPA was formed as IFALPA’s Australian member association (March) 2018 – Capt Louise Pole appointed as first woman President

“Australia’s first pilot union was not an organisation known for toeing the line. Described on occasion as the most powerful union in Australia, the federation has fought since its beginnings to build and maintain the professional status of its members and to achieve recognition of a pilot’s unique skills.

The AFAP is not just a union, it is a professional body with a proud history of contributing to Australia’s high standards of aviation safety and technical progress and the welfare of its members.”

Source: Mary Sheehan and Sonia Jennings, A Federation of Pilots: The Story of an Australian Air Pilots’ Union.

Melbourne: Melbourne University Publishing, 2010

With more than 5000 members and growing AFAP is the largest pilot union in Australia.

A plaque part-funded by the AFAP commemorates the Kyeema disaster that struck just five months after the Federation was formed. An aircraft flying from Adelaide to Melbourne overflew Essendon airport and crashed into Mount Dandenong (Mount Corhanwarrabul) resulting in 18 fatalities. Captain Mick Webb was an AFAP member and it soon became evident that the authorities were looking to lay blame on the pilots.

The Federation raised enough funds to engage legal counsel and pushed for a public inquiry into the event.

The inquiry found that, while the crew made some mistakes, blame lay squarely with the civil aviation authorities for their lack of progress in activating honing beacons. This led to the formation of the organisation we now know as the Civil Aviation Safety Authority (CASA) and it was also the catalyst for the introduction of the Air Traffic Control System.

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Air Pilot

ATSB URGES PILOTS TO

CHEC K THE CHEC KLIST Over the last decade, the Australian Transport Safety Bureau (ATSB) has investigated at least 11 accidents where the lack, or improper use, of a checklist was identified as a contributing factor. Of these, three accidents resulted in fatalities.

There are limitations to the human memory and in aviation, always the potential for distraction. Forgetting to perform just one item on a checklist can have very serious consequences. Even experienced pilots are not immune to checklist errors.

The investigation into the loss of control and collision with terrain involving B200 King Air (VH-ZCR) at Essendon Airport on 21 February 2017 emphasises the importance of having a cockpit checklist in place applicable to an aircraft’s specific and current modification status. There is a great deal to be learned from this accident for every pilot, no matter what aircraft they fly.

Going beyond the checklist, the lack of pre-flight ‘checking’, in general, has been a contributing factor in a number of recent incidents and accidents the ATSB has investigated. From checking the weather forecast, checking the fuel quantity, checking the weight and balance, to checking the covers are off the pitot tubes.

These are just some of the many items that should be top of mind during every pilot’s pre-flight risk management plan.

During its take-off roll, the King Air began diverging to the left of the runway centreline. The aircraft entered a shallow climb and flew with a substantial left sideslip.

Reaching a maximum altitude of 160 feet, the aircraft began to descend with an increasing left sideslip of about 28 degrees to the left when it collided with the roof of a building in the Bulla Road Precinct - Retail Outlet Centre at the airport. This tragic accident claimed the lives of all five people on board the aircraft. Two people on the ground also received minor injuries.

The ATSB transport safety investigators repeatedly see the tragic aftermath of accidents involving human error and decision-making. We cannot emphasise enough how important it is for all pilots to learn the lessons from this accident. Methodically working through checklists is a critical part of your risk management.

Greg Hood, ATSB Chief Commisioner Chris Manning, ATSB Commisioner

Our investigation found that the pilot did not detect that the aircraft’s rudder trim was in the full nose-left position prior to take-off. The position of the rudder trim resulted in a loss of directional control and had a significant impact on the aircraft’s climb performance.

Checklists are a part of every pilot’s pre-flight risk management plan and are an essential tool for overcoming limitations with pilot memory. Checklists also ensure action items are completed in sequence and without omission. There were multiple opportunities on the checklist to ensure the rudder trim was in the neutral position prior to take-off.

In addition to the importance of using a checklist, this accident also emphasised the challenges associated with decision-making during critical stages of a flight, such as take-off.

An aerial image of the accident site, which shows the initial collision with the roof at the top of the frame.

At the time of the accident, the aircraft’s operator did not have an approved flight check system in place specifically for the aircraft. Although this did not contribute directly to this accident, it increased the risk of incorrect checklists being used, and checks relating to supplemental equipment not being performed, such as ensuring the cockpit voice recorder (CVR) was functioning. In this accident, the aircraft’s cockpit voice recorder was inoperable. A tripped impact switch had not been reset as part of the checklist process W h i le we we r e u n a b le to d e te r m i n e w hy t h e opportunities were missed to ensure the rudder trim was in the correct position prior to taking off – valuable information from an operating CVR may have provided us with this answer. The safety message from the investigations is very clear - always use your checklist.

A B200 King Air’s rudder with the rudder trim tab set to the full nose-left position, viewed from behind and from the right.

NO. 1 | 2018 31

VIRGIN NARROW BODY

Pilot Federation

Since the new Narrow Body (NB) EBA started in May this year, the VPF Narrow Body representatives have been busy overseeing implementation of the new provisions and ensuring the new work rule changes were on track to be delivered by the 4 November deadline.

A significant issue was identified in relation to the change in definition of a Late Night Operation (LNO), which coupled with the new protections around LNOs (namely extended rest and sector limitations) created additional restrictions on duties that were never intended to be captured by these provisions.

The AFAP pilot representatives quickly came to the realisation that this issue would also potentially create a number of negative outcomes for pilots. This is a result of the Company finding alternate ‘workarounds’ that contradicted some of the stated objectives in the new Narrow Body EBA. This then drove the AFAP to negotiate a solution with the Company to address the unintended implications, to be ultimately voted on by the pilot group. This included amending the definition of a LNO so that duties that sign off before 0030 or sign-on at 0400 or later are not captured by additional LNO protection and, also, re-introducing the ‘Night Duties’ provisions removed from the NB EBA. Recognising there would be very little appetite from the Narrow Body pilot group (having just voted on a new Agreement) to agree to any proposed amendments put forward by the Company, the AFAP used this opportunity to address the Company’s expansive application of the displacement provisions which was unresolved during the EBA negotiations.

Accordingly, the proposed amendments to the LNO definition went hand-in-hand with some considerable improvements to the displacement provisions, including but not limited to 100% credits for any paxing when on a displaced duty and credit protection for all displaced duties.

80% 32

These improvements were specifically targeted by the AFAP to address the main things that agitate pilots when displaced from duty (namely paxing for the same amount of time at work and losing flying credits and potential overtime). Also negotiated was making the company more financially accountable for displacing pilots and driving better behaviour which ultimately reduces the use of displacement.

The proposed amendments to the LNO and Displacement provisions in the NB EBA were approved by a majority of pilots with 84% of the pilot group voting, and of those 80% voting in favour and were successfully implemented alongside a number of other important work rules changes negotiated as part of the 2018 EBA on 4 November.

While the lifestyle benefits of the new work rule changes was overshadowed by the late publication of the inaugural rosters, the AFAP is confident that the interaction of the work rules changes around increased DDO hours protections, early morning provisions, late night operations and acclimatisation will provide pilots with a better lifestyle in the days ahead.

WIDE BODY The A330 operation to Hong Kong continues to have strong loads (including in business class) and has exceeded budget forecasts for inbound passengers.

In July this year Virgin commenced daily A330 services from Sydney to Hong Kong, departing Sydney midmorning and returning from Hong Kong overnight to arrive early morning the following day.

In October the Melbourne Hong Kong A330 services moved back to daily services (from five per week previously) and at similar times to Sydney (ie morning departure from Melbourne evening return from Hong Kong). The result is Virgin now has daily Hong Kong flights at desirable times for passengers out of both ports for the first time in line with Cathay and Qantas.

The Wide Body Pilot Agreement (in operation since 23 November 2017) has been very well-implemented through a collaborative process between the AFAP and Virgin. Further the agreement has provided the work rules platform for the expanded international flying on the A330 and is delivering the improved lifestyle outcomes for both B777 and A330 Pilots the AFAP targeted as part of the negotiations.

Air Pilot

VIRGIN PILOT FEDERATION

In addition to financial benefits in the form of higher salaries and a comprehensive overtime credit system recognising all duties pilots perform, the agreement has also provided additional benefits to pilots in the form of a domicile travel system supporting commuting pilots.

In summary, it is pleasing to report this area of the Virgin Group is working well for both the business and Pilot Group.

ATR FLEET There are a range of on-going issues impacting pilots on Virgin’s ATR fleet, including major issues such as: •

Size and location of the current ATR network;

•

Pilot recruitment problems and restrictions on career progression;

•

Insufficient salary levels;

•

Problematic agreement conditions; and

•

Ineffective rostering practices.

With the closure of the Brisbane base (and the full Queensland network) well over a year ago, the ATR fleet has progressively become a NSW-centric fleet. Virgin has recently stated repeatedly that it is continuing to look extensively at a range of different possibilities to expand the ATR72 network on the Australian eastern seaboard. However, recent news has consistently been about increases to the number of NSW services, rather than announcing any expansion in other States.

That has presented an increasing range of difficulties for both current ATR pilots, as well as the company. In the past the lure of a Brisbane ATR base was a significant attraction for both new and experienced pilots to the ATR fleet. Even when the Brisbane base closed in July 2017, a large group of ATR pilots were provided the option to remain in Brisbane, primarily in return for entering into a ‘Return of Service’ arrangement with Virgin.

However, those arrangements are not open-ended. For a limited number of pilots, their arrangements will expire at the end of June 2019, with a much larger group of pilots affected twelve months later.

If there is has not been a significant change to the size and make-up of the ATR network by those respective dates, then Virgin is faced with the reality of a large group of ATR pilots that currently live in Brisbane, either being required to relocate to Sydney or Canberra, or opting to pursue other alternatives (both inside or potentially outside the company).

Therein lies a major problem. In the recent past Virgin has struggled consistently to recruit the required number of pilots to the ATR fleet. That is the case, even given the retirement of the ATR72-500 variant. The company has been unable to find the requisite pilots, particularly captains, to backfill on-going shortages on the fleet, including through unsuccessful efforts to recruit ‘direct entry’ captains both from within Australia and overseas earlier this year. In its most recent strategy Virgin tried recruiting captains from within the pilot group on its other fleets. It advertised a two-year secondment to eligible pilots, which had some success. However, there is still some negotiation required between Virgin and the AFAP before any such arrangements can actually be initiated.

Virgin has conceded that there needs to be a significant improvement to the pay and conditions of ATR pilots. In its future efforts to recruit ATR pilots, there must be a clear incentive for a pilot to favour an ATR role, ahead of a position in one of Virgin’s jet fleets. In fact, that view has formed the basis of the current negotiations for the new enterprise agreement for ATR pilots.

In negotiations starting around six months ago, there has been progress achieved in some key areas. Many of the concerns the ATR Pilot group has about the current situation are being addressed. For instance, Virgin has proposed a close parity for ATR Captains with the base B737 First Officer (FO) salary rates. Meanwhile, FOs would have salary rates closely aligning with the entry level SO rates. There has also been a commitment given by Virgin to do away with the current, highly contentious ‘cap’ that restricts the release of ATR pilots, in preference for the introduction of ‘freeze’ periods.

Unfortunately progress is never constant. As a result, there is still quite a bit of bargaining left to go on a broad range of other changes. These are primarily around the subject of proposed work rules (eg rostering, days off, etc). At the current time, a number of these provisions are far from ideal. As the negotiation process moves forward those are the key areas that must be resolved before any final deal is sealed.

NO. 1 | 2018 33

IFALPA

LEGAL NEWS

IFALPA has been successful in adding ‘cyber threats to civil aviation’ to the work program of ICAO’s Legal Committee while ‘civilian commercial space flight’ was a borderline issue for inclusion.

Nonetheless, IFALPA’s contributions to the discussions resulted in most States agreeing to add certain aspects of civilian commercial space flight policy and regulation to the ICAO Legal Committee study program so it would be able to continue monitoring this aspect of transitory airspace use in the Committee’s future considerations.

The issue will be revisited when the ICAO Legal Commission next meets in September 2019.

Held in Brussels in mid-September – and following quickly on the heels of the ICAO Legal Committee meeting in Canada on 4-7 September – the IFALPA Legal Committee canvassed several issues.

It first considered the need for IFALPA to broadly review the Flight Data Analysis Program (FDAP) template agreement in light of changes coming into effect with respect to safety information management in Annex 6, and legal guidance material on these matters in Annex 19 in 2019. It also addressed the safeguarding of other kinds of recording of crew activity and conversations onboard commercial flights and the question of keeping them away from employers and insulate them from misuse.

The question of keeping track of when countries ratify conventions and treaties, and their subsequent entry into force, was posed given the 2018 entry into force of a major international aviation security Convention.

The Convention for the Suppression of Unlawful Acts Relating to International Civil Aviation - Beijing Convention of 2010 came into force on 1 July 2018.

One issue discussed was whether IFALPA should e n d o r s e o r p u r s u e r a t i f i c a t i o n by i t s m e m b e r associations’ member states of certain international instruments, and it was agreed that staying abreast of which treaties may come into force or which were likely to be created was an important activity of the committee. As an ongoing agenda item the committee will review which instruments are of importance to pilots’ interests.

Lobbying ICAO for a rise in the age limit of pilots was discussed and it was decided to survey member associations for their views on age limits and safety.

In respect of RPAS the IFALPA Legal Committee encourages all member associations to advocate IFALPA’s position within their governments and authorities who will form the new ICAO Legal

34

Committee Working Group on UAVs. The Legal Committee supported the findings of the IFALPA PGA Remote Pilot Working Group (chaired by Joseph Wheeler earlier this year) and further recommended the implementation of the Working Group’s report and the engagement of member associations with drone pilots and their organisations on a local basis worldwide.

Another interesting issue came from IFALPA Executive Vice President of Technical & Safety Standards (Patrick Magisson) who requested the Legal Committee check the European Aviation Safety Agency (EASA) proposed amendment of the Aircrew and Air Ops regulations to implement Evidence Based Training for recurrent training.

Part of this package contains a provision where the actual assessment of competence of the pilots would be performed by instructors only, and the formal act of license/type rating endorsement would be performed by an examiner in an office, only after a review of the successful completion of the training records, and with no direct assessment – potentially not even meeting the pilots.

The committee considered the question of whether this was legal in a variety of jurisdictions and whether this was compatible with the mutual recognition principles established in ICAO Annex 1 to decide that this was a matter to be investigated more closely.

One legal and policy issue that AusALPA put forward to the IFALPA Legal Committee was the lack of uniformity in drafting styles of (at least in the English versions of) various ICAO instruments and some other aviationspecific documents. Some air law instruments (either indiscriminately or non-uniformly) fail to use genderneutral language which is generally required under the United Nations (UN) drafting guidelines. This can create problems.

Official investigation reports have been found guilty of this problem. There has been an unintended adverse consequence in Australia, where this stylistic problem has risked potential identification of crew members in official air accident investigation reports. The concerns associated with the use of gendered pronouns are that identifying someone as “he” or “she” may significantly increase the chance for identification.

Also, placing objectively irrelevant gender identification into a report may lead to unconscious or conscious biases for some readers. Accordingly, one of the positions the committee decided upon was to request IFALPA’s Executive Board to revise or refine its own drafting policies in line with the UN’s Guidelines for gender-inclusive language.

Air Pilot

AFAP’s Aviation Legal Counsel Joseph Wheeler is AusALPA’s nominee to the IFALPA Legal Committee, and Legal Committee member. This year he was nominated by IFALPA to represent it as Chief Observer at the 37th Session of ICAO’s Legal Committee held in Canada on 4-7 September.

The ICAO Legal Committee is composed of legal experts designated as representatives of and by Member States of the International Civil Aviation Organization (ICAO) together with invited international observer organisations. It meets once every two-three years in addition to meeting as the Legal Commission during ICAO Assembly sessions.

At the latest meeting of the IFALPA Legal Committee, Joseph was made a Vice Chair. “I look forward to carrying on, expanding and building on the work described above for the benefit of our members and pilots worldwide in the years to come”, he said.

REMOTELY PILOTED AIRCRAFT SYSTEMS (RPAS) ICAO’s Legal Committee has belatedly but significantly set up a new Working Group to study emerging and current international legal issues with Remotely Piloted Aircraft Systems (RPAS).

There is uncertainty as to where small RPAS fit into the international legal regime under the Chicago Convention 1944. The group will involve IFALPA as an observer and meet coincidentally with the RPAS Panel to be able to take advantage of the technical expertise that the panel attracts and to avoid duplication of work.

provided such procedures are consistent with safety management principles and applicable regional operational procedures, taking into account aircraft performance capabilities and an operational risk assessment.

This is a problem with the growing need for legal certainty so the Committee agreed to pursue an aproach as recommended by the US to enable the continuing integration of UAS into the airspace.

The Member States face many interesting legal issues.

For example, the US is wanting ICAO’s imprimatur to regulate small ‘Unmanned Aerial System (UAS) flights in airspace over the high seas not legally within US jurisdiction so it can regulate drones used in commercial fishing. The problem raised was how could a member state regulate flights over the high seas without the raft of other requirements imposed by ICAO Annexes – such as carrying certain documents onboard – coming into effect for piloted aircraft (even though it was impractical or unlikely to be able to be a possibility for a UAS).

Thus, the US sought to have member states (and/or their appropriate authorities providing Air Traffic Services in high seas airspace) be able to develop and implement procedures for the permit or authorisation of operations over the high seas by non-certificated UAS,

NO. 1 | 2018 35

The AFAP’s Leading Edge mentor program provides aspiring pilots with one-on-one assistance and support from a pilot with long-standing experience in the industry. Mentors share their experiences, offer general career advice and provide mentees with valuable insight into the aviation industry.

Once the program has begun it is very flexible and matched participants agree on a timelime together.

The AFAP continues to touch base with participants every couple of months to ensure everything is going smoothly and there are no issues.

Mentors are matched to mentees by geographical location and, where possible, career aspirations of the mentee. This allows for the mentoring pairs to meet face-to-face throughout the 12 months.

SELECTION AND MATCHING Selection and matching are based on variables such as participants preference and geographical location. The AFAP tries to match mentors and mentees close to one another and with similar career goals and experiences.

AFAP’s Leading Edge mentor program will soon visit New South Wales, Northern Territory and Victoria.

Plans are underway to run mentoring information sessions in Alice Springs, Darwin, Melbourne and Sydney early in 2019. While some hopeful participants are working in remote locations, we do urge you to still express your interest as the AFAP is looking into ways to accommodate this.

If you would like to participate in the Leading Edge mentor program as either a mentor or mentee please visit the New Wings page at afap.org.au or contact membership@afap.org.au to register your interest.

PRELIMINARY: ORIENTATION FOR MENTORS Once participants have been selected and matched, the AFAP conducts an information session with mentors.

This ensures mentors are aware of their role and this session provides an opportunity for them to reflect on what would be beneficial to a mentee.

PROGRAM START: MEET AND GREET The AFAP organises a face-to-face meet and greet. This is where mentors and mentees meet each other for the first time, are given an overview of the program and provided the opportunity to tailor the program to best fit in with their goals and objectives.

MID-PROGRAM CHECK-IN Mid-way through the program the AFAP calls each mentor and mentee pairing to check that everything is going smoothly. This is another opportunity for any concerns or issues to be raised or to ask for any additional assistance if need be.

PROGRAM END: FEEDBACK In ensuring the program continues to develop and gives both mentors and mentees the best experience, we seek feedback at the conclusion of the program. Here participants can raise any ideas or suggestions to further enhance the program for the next rollout.

South Australia rollout in Adelaide on 9 October 2018

REGISTER FOR LEADING EDGE // membership@afap.org.au If you are interested in participating but a rollout will not be in your state soon, please still register as we will send further information closer to the date.

Western Australia rollout in Perth on 16 May 2018

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Air Pilot

FARHIZ SONI

Student, Griffith University, Queensland

FO ROSINA HELBIG A320 First Officer at Jetstar

Mentor: Michael Waggit Position: Captain at ExecuJet

Mentee: Hana Tachnibana Position: Student, Australian Wings Academy

Farhiz Soni graduated from Griffith University and completed his flight training gaining his RPL, PPL, CPL, PIFR and Meair in 2016. Farhiz is now a grade 3 flight instructor working at FlyLink Aviation College. His aspiration is to fly for the Royal Flying Doctors Service one day.

First Officer Rosina Helbig has ten years of flying experience beginning with Rex and has been flying the A320 with Jetstar for the past five years.

Last year he was paired with Captain Michael Waggit from ExecuJet and both are continuing to stay in contact.

In what ways has Michael helped you over the past 12 months?

The pairing of Rosina and Gold Coast student Hana has been so successful that Rosina has signed up to take on more mentees.

What did you learn from the AFAP Leading Edge Mentor Program?

He gave me an abundance of advice. It’s hard to really pin-point just one. If I could, it would be to keep learning as much as you can.

Meeting Hana and sharing her journey has been a wonderful experience. What I didn’t expect was just how inspired I would be by my own mentee and the positive effect that has had on me. I have no doubt that we will continue our friendship beyond this program.

What advice would you provide fellow pilots who are entering the industry?

What would you say to anybody who is unsure about taking part in the mentor program?

To never stop trying. What I mean by that, is no matter whether you’re studying theory, learning to fly or trying to get your first job, if you get knocked down, always get back up and try again.

Give it go! It’s a rewarding experience.

How has the mentor program helped you in your career?

I believe the mentoring that was given was a fantastic help to young people like myself in the industry. It gave an insight into the future careers we could have, gave us guidance and direction for the future and the stories and experiences they have. I would love to have the opportunity to attend again, and if possible, hopefully one day be a mentor myself.

Where do you hope your aviation career takes you?

I have many goals in my aviation career. Apart from expanding my knowledge and experience as much as I can, I would love to have the opportuntiy to fly for the RFDS. The ability to give back to the communities around Australia would be an absolutely fulfilling achievement and experience.

After working with pilots who are beginning their career, what do you think the future of aviation holds for the next generation of pilots?

Technology is always changing the landscape of aviation. I believe that we will see more fuel-efficient aircraft with greater range, making overseas destinations a lot more accessible from Australia. With more affordable air travel there is greater demand for flights and subsequently, pilots, creating great opportunities for those that wish to pursue the profession.

What value do you feel a mentor program brings to the industry?

Mentor programs help to retain pilots in the industry as they navigate the formative years of their career. I nearly gave up pursuing a career as a pilot when I was younger as I didn’t have any relatable, accessible contacts.

Having a contact within the industry would have added confidence in myself and to the path I was on.

NO. 1 | 2018 37

Expatriate returning or retiring to Australia?

Many of us living and working outside Australia will want to return to live in Australia: to work or retire, to help with children’s education or parent’s care, or to be closer to friends and an Aussie beach.

We generally don’t return to Australia because we want to pay more tax! But tax management and other financial considerations play a very important part in successful repatriation. What questions should you ask before coming back to Australia?

W h a t t a x a t i o n c h a n ge s a r e t h e r e o n becoming an Australian tax resident?

On becoming an Australian tax resident you become subject to income tax (up to 45% plus 2% Medicare Levy) and capital gains tax (CGT) on your worldwide income and assets. As at the day of your return you’ll need to value each of your assets, including foreign currency holdings, as that value becomes your cost base for assessment of capital gain when you sell that asset.

Taxable Australian property (residential and commercial property and some business interests) does not need to be revalued nor do assets (such as shares) you held and elected not to pay CGT on when you departed Australia.

Importantly, on resuming Australian tax residency, you become eligible again for the capital gains tax discount on assets held for more than one year. Many expats still don’t realise that since 8 May 2012 you have to include 100% of a gain on Taxable Australian property, and you only get to discount this gain to 50% for the period before 8 May 2012 and after your resumption of tax residency.

One benefit of resuming Australian tax residency is that you get the tax-free threshold on income up to $18,200 and the 19% rate to $37,000 (compared with the non-resident rate of 32.5% to $37,000). The taxfree threshold and lower rates can help minimise tax on investment income received, for example, by a couple splitting asset ownership, through a family trust and on capital gains.

Should I buy a house to live in before or after I return to Australia?

The game has changed in Australia over the last few years in relation to buying a house. As a non-resident there is now:

MGD Wealth is a privately owned, self-licensed, fee-based advisory firm. The AFAP does not necessarily use, endorse or recommend the advice or services it promotes.

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• • • • •

Additional stamp duty on purchase in most states Additional land tax in most states Vacancy tax if your property is vacant more than six months a year Increasingly tight bank lending rules No CGT discount on sale, in proportion to the period of non-resident ownership

All things being equal, you might avoid the above complications and wait to buy your home until you return to Australia. But if you find your dream home (or site) in a great location at a fair price then at least be aware of the above and seek professional assistance to plan ahead and minimise taxes.

How do I use Australian superannuation to reduce taxation and build an asset for retirement?

A superannuation account-based pension is one of the few tax-free assets you can have in Australia.

Before you retire, and while you are an expat, you can potentially save Australian income tax by making tax deductible contributions to superannuation of up to $25,000 p.a. and also add up to $100,000 pa as a capital contribution each year up to a balance limit of $1.6m. That’s $3.2m as a combined limit for a couple.

The annual contribution limits mean that as an expat you need to start your super contribution strategy well before you return to Australia so that your capital can be sheltered in the tax-free environment when you retire.

How do I integrate insurances and estate planning into my re-entry plan?

After many years outside Australia you may now have too little or too much life insurance, and are perhaps paying unnecessary premiums embedded in old superannuation accounts. Your estate plan needs take account of insurance proceeds and superannuation which are not assets necessarily covered by your will.

Most expats can benefit from obtaining a comprehensive financial plan which deals with residency tax planning and asset management that also integrates insurances and estate planning.

The above questions and answers just touch the surface of the financial issues in repatriating to Australia. Please see our website for how we can help.

Richard Marsden +61 7 3391 5055 www.mgdwealth.com.au

Air Pilot

MBF Case Study Captain G. Worthington Name

Gregory Worthington

Nationality

Australian

Age

61

Family

Wife, 2 Children & 3 Grandchildren

Current Location

NSW, Australia

Medical Condition

Macular Telangiectasia

Aviation Career

I started flying in September 1982, gaining my Commercial licence in 1986 and ATPL in 1991. I worked in charter and instructional flying for many years, and joined CASA in 2001 as a Flying Operations Inspector. I still work as an FOI with CASA and maintain the passion to ensure aviation companies adhere to legislation and accountability; not attributing blame to the pilot at the controls as the first reason for an event.

What was your general health prior to your medical condition?

I was in good health throughout my career, maintaining a Class 1 Medical, until my visual acuity began to weaken in 2015. In early 2018 I failed to meet the standards for a Class 1 and it was not reissued.

Why were you grounded?

The medical condition that caused my visual acuity to decline is Macular Telangiectasia (Mactel). Mactel presented itself after 33 years in aviation at the age of 57. Simply, Mactel is fluid that leaks from the blood vessels in the retina and forms a bubble - mine is at the focal point which causes blurriness.

AUSTRALIAN AIR PILOTS MUTUAL BENEFIT FUND

Why is Loss of Licence cover so important?

MBF Loss of Licence cover has provided assurance of meeting financial obligations for my family when I lost my Class 1. As my working career was dependant on piloting an aircraft, and this career has now ended, the MBF has provided the means to meet mortgage payments and given us confidence that we can address any future events.

MBF Experience

I kept the MBF advised as events unfolded and I received very kind support from the Claims Manager, who provided a caring and understanding claims process. I had always maintained a level of coverage I could afford, knowing that it would assist myself and my family in the event of making a claim. This assurance has provided security throughout my aviation career.

Having had to make a claim it has demonstrated the importance of MBF, and I cannot stress enough to Pilots that you need Loss of Licence cover. It is just as important as superannuation.

T +61 3 9928 4500 E membership@aapmbf.com.au

AAPMBF.COM.AU

NO. 1 | 2018 39

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Loss of Licence Protection run by PiLots, for PiLots for over 50 years

We understand the life you live, the risks you take and the protection and support you deserve.

Ring us today on 03 9928 4500 or visit www.aapmbf.com.au