Aircraft Cabin Crew Award 2010

Aircraft Cabin Crew Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 21 June 2017 (PR592145,PR592307).

Clause(s) affected by the most recent variation(s):

Current review matter(s):AM2014/47;AM2014/190;AM2014/196;AM2014/197;AM2014/253;AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2016/15

Table of Contents

[Varied by PR991554,PR532630,PR544519,PR546288,PR557581,PR573679,PR582954,PR584068]

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

8. Facilitative provisions

Part 2—Consultation and Dispute Resolution

9. Consultation

10. Dispute resolution

Part 3—Types of Employment and Termination of Employment

11. Types of employment

12. Full-time employment

13. Part-time employment

14. Casual employment

15. Termination of employment

16. Redundancy

17. Employee duties

Part 4—Minimum Wages and Related Matters

18. Classifications and minimum wages

19. Allowances

20. District allowances

21. Accident pay

22. Payment of wages

23. Superannuation

Part 5—Hours of Work and Related Matters

24. Ordinary hours of work and rostering

Part 6—Leave and Public Holidays

25. Annual leave

26. Personal/carer’s leave and compassionate leave

27. Community service leave

28. Public holidays

Schedule A—Transitional Provisions

Schedule B—Domestic Flying

Schedule C—Regional Flying

Schedule D—International Flying

Schedule E—2016 Part-day Public Holidays

Schedule F—Agreement to Take Annual Leave in Advance

Schedule G—Agreement to Cash Out Annual Leave

Schedule H—Agreement for Time Off Instead of Payment for Overtime

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

8. Facilitative provisions

1. Title

This award is the Aircraft Cabin Crew Award 2010.

2. Commencement and transitional

[Varied by PR991554,PR542167]

2.1 This award commences on 1 January 2010.

2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.

2.3 This award contains transitional arrangements which specify when particular parts of the award come into effect. Some of the transitional arrangements are in clauses in the main part of the award. There are also transitional arrangements in Schedule A. The arrangements in Schedule A deal with:

    ●minimum wages and piecework rates

    ●casual or part-time loadings

    ●Saturday,Sunday,public holiday,evening or other penalties

    ●shift allowances/penalties.

[2.4 varied by PR542167 ppc 04Dec13]

2.4 Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements,the Fair Work Commission may make any order it considers appropriate to remedy the situation.

[2.5 varied by PR542167 ppc 04Dec13]

2.5 The Fair Work Commission may review the transitional arrangements in this award and make a determination varying the award.

[2.6 varied by PR542167 ppc 04Dec13]

2.6 The Fair Work Commission may review the transitional arrangements:

    (a) on its own initiative;or

    (b) on application by an employer,employee,organisation or outworker entity covered by the modern award;or

    (c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award;or

    (d) in relation to outworker arrangements,on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the arrangements relate.

3. Definitions and interpretation

[Varied by PR991554,PR994422,PR997772,PR503664,PR529162,PR546019]

3.1 In this award,unless the contrary intention appears:

    Act means the Fair Work Act 2009 (Cth)

[Definition of agreement-based transitional instrument inserted by PR994422 from 01Jan10]

    agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

    airport reserve is a term which applies to domestic and regional flying only and means duty time spent by a cabin crew member at the airport awaiting assignment to a flight or duty

    appropriate accommodation means accommodation which as a minimum is quiet and free from factors which may reduce adequate rest and must provide a separate room for each cabin crew member

    assigned or assignable is where a cabin crew member is directed or available for direction by the employer to a duty or vacancy

    award-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

    block hour or flight hour is the time from engine start-up to engine shut-down

    cabin crew manager means a cabin crew member who is responsible for the supervision of cabin crew members and the management of all cabin activities including supply and delivery of in-flight product/entertainment in conjunction with overseeing customer and crew safety,and initiation and performance of emergency procedures when necessary onboard aircraft. And also performs duties associated with arrivals and departures of aircraft,as required.

    cabin crew member means a person responsible for the comfort and safety of passengers in their carriage by aircraft,in accordance with the standards and regulations determined by the employer,and employed under the provision of this award

    calendar day means the 24 hour period commencing at 0000 hours local time

    calendar month means the period between 0000 hours on the first day of each calendar month and 2359 hours on the last day of the same calendar month except for February,is the period between 0000 hours on 31 January and 2359 hours on 1 March and for March is the period between 0000 hours on 2 March and 2359 hours on 31 March

    calendar year means the period between 0000 hours on 1 January and 2359 hours on 31 December of the same year

    deadhead travel means all travel performed under direction not associated with the actual operation of the aircraft. For the purpose of this award deadhead travel time will be regarded as duty time.

[Definition of default fund employee inserted by PR546019 ppc 01Jan14]

    default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth)

[Definition of defined benefit member inserted by PR546019 ppc 01Jan14]

    defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth)

[Definition of Division 2B State award inserted by PR503664 ppc 01Jan11]

    Division 2B State award has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of Division 2B State employment agreement inserted by PR503664 ppc 01Jan11]

    Division 2B State employment agreement has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

    domestic cabin crew member means a cabin crew member predominantly undertaking domestic flying

    domestic flying means any flying that is not international or regional flying

    duty includes the following time:

    (a) all time spent as an operating cabin crew member whilst in flight including time spent in flight deadheading on duty,or while accompanying disabled people,aged people or infants;

    (b) time required for duty,including deadhead travel before and after each daily flight sequences,will be not less than 45 minutes prior to departure for sign-on purposes and not less than 15 minutes after engine shut down for sign-off purposes;

    (c) time spent on the ground between sign-on and sign-off;

    (d) time spent on airport reserve duty;

    (e) time spent on reserve duty at home as specified in Schedule B,clause B.9;

    (f) time spent in deadhead flying and associated ground time for the purpose of operating a later service,or time spent in deadhead flying and associated ground time for the purpose of returning to base after operating a service terminating short of base. Credit under this subclause will cease if the cabin crew member released for an overnight stop elects to return by a later service;

    (g) time spent in emergency procedure practices,examinations and courses organised by the employer;

    (h) time spent on uniform fittings,where the employer pays the cost of the uniforms;

    (i) time spent when required for duty other than flying not specifically covered by this clause;

    (j) time spent as assignable in accordance with Schedule B,clause B.9;or

    (k) time spent where cabin crew members are required to be interviewed by police or legal counsel or give evidence in civil or criminal courts for matters arising out of their employment

    duty period means the elapsed time between sign-on and sign-off at home base required to complete a duty or series of duties as directed

    duty time means all time on duty in accordance with this award

[Definition of employee substituted by PR997772 from 01Jan10]

    employee means national system employee within the meaning of the Act

[Definition of employer substituted by PR997772 from 01Jan10]

    employer means national system employer within the meaning of the Act

    enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of exempt public sector superannuation scheme inserted by PR546019 ppc 01Jan14]

    exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)

[Definition of flight hour deleted by PR529162 ppc 27Sep12]

    home base has the same meaning as permanent base

    international cabin crew member means a cabin crew member predominantly undertaking international flying

    international flying means flying from a point of departure either:

    (a) within Australia to a point of arrival in another country;

    (b) within another country to a point of arrival in Australia;or

    (c) within another country to a point of arrival in another country,

    provided that another country does not mean a place within the territorial waters of Australia

    layover means a period of more than nine consecutive hours free of duty between duty periods at a port other than home base,in any 24 hours standing alone,measured from the time of commencement of duty

[Definition of MySuper product inserted by PR546019 ppc 01Jan14]

    MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)

[Definition of misconnections deleted by PR529162 ppc 27Sep12]

    narrow-bodied aircraft means an aircraft with a single aisle

    NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)

    non-airport reserve is time spent by a cabin crew member at their residence or nominated whereabouts at their permanent base awaiting assignment to a flight or duty

[Definition of on-hire inserted by PR994422 from 01Jan10]

    on-hire means the on-hire of an employee by their employer to a client,where such employee works under the general guidance and instruction of the client or a representative of the client

    overlap is flying in a roster period which extends into the next roster period

    permanent base is the employer-nominated geographical location from which cabin crew members are rostered for duty

    planned duty means duty known to the employer prior to the employer required reporting time at the cabin crew member’s base for that duty

    regional airline means an employer operating aircraft for the primary purpose of transporting goods and passengers by scheduled commercial air services or charter by air to and/or from regional airports throughout Australia (including between regional airports and airports in capital cities)

    regional cabin crew member means a cabin crew member employed by a regional airline

    regional flying means any flying by a regional airline

    reserve line means a line which contains planned sequences of available days and designated duty free days and may include days of approved leave and/or ground duties

    reserve line holder means an employee allocated to a reserve line

    rest period means the time free from duty commencing at sign-off

    roster is an arrangement of duties,rest periods and/or designated days off and/or approved leave which are allocated to a cabin crew member

    rostered day off is a rostered calendar day free of duty at permanent base or base of temporary transfer and must include the nominated duty free periods

    sign-off means the completion of all duties associated with a tour of duty and will be not less than 15 minutes after the actual engine shut-down where flight duty,including deadhead,is involved

    sign-on (domestic and regional cabin crew) means the time a cabin crew member is required to report for flight duty and will be no less than 45 minutes prior to the departure of a flight. Airport Reserve or other duties will be the rostered commencement time for that duty.

    sign-on (international cabin crew) means the time a cabin crew member is required to report for flight duty which will be at least 75 minutes prior to the departure of the flight at base and 60 minutes at other ports or as otherwise agreed

    standard rate means the minimum weekly wage for a cabin crew member in clause 18Classifications and minimum wages

    stand-by means an arrangement which consists of a maximum of 12 hours of availability to an employer under which the employer may require a cabin crew member to report for duty with 120 minutes’notice. Stand-bys can only be given to international cabin crew members at their home base or nominated address but not at airports. Stand-bys can be allocated to a reserve line holder only.

    substitute day off means a day off which is provided as a substitute for a rostered day off

    temporary transfer means the transfer of a cabin crew member from a permanent base to another base for the purpose of being temporarily employed at that base for a period of time to be not less than seven consecutive days and not more than 31 consecutive days

    tour of duty is the elapsed period between sign-on and sign-off at the cabin crew member’s permanent base

[Definition of transitional minimum wage instrument inserted by PR994422 from 01Jan10]

    transitional minimum wage instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

    unplanned duty means duty not known to the employer prior to the employer-required reporting time at the cabin crew member’s base for that duty

    URTI means upper respiratory tract infection

[Definition title warlike,hostile or terrorist operations changed to warlike or hostile circumstances by PR529162 ppc 27Sep12]

    warlike or hostile circumstances includes:

    (a) acts of war,whether declared or undeclared;

    (b) warlike acts in the course of civil war or armed civil insurrection;

    (c) deliberate attacks on aircraft by units or armed forces (including shooting or forcing down in time of peace);or

    (d) where a cabin crew member is killed in the course of duty with the employer as a result of proven acts of sabotage or acts of hijacking

    wide-bodied aircraft means an aircraft with more than one aisle

3.2 Where this award refers to a condition of employment provided for in the NES,the NES definition applies.

4. Coverage

[Varied by PR994422]

4.1 This award covers employers of aircraft cabin crew and their employees employed throughout Australia in the classifications listed in clause 18Classifications and minimum wages,to the exclusion of any other modern award.

4.2 The award does not cover an employee excluded from award coverage by the Act.

4.3 The award does not cover employees who are covered by a modern enterprise award,or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees.

[New 4.4 and 4.5 inserted by PR994422 from 01Jan10]

4.4 The award does not cover employees who are covered by a State reference public sector modern award,or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees.

4.5 This award covers any employer which supplies on-hire employees in classifications set out in clause 18 and those on-hire employees,if the employer is not covered by another modern award containing a classification which is more appropriate to the work performed by the employee. This subclause operates subject to the exclusions from coverage in this award.

[4.4 renumbered as 4.6 by PR994422 from 01Jan10]

4.6 Subject to clause 4.1 where an employer is covered by more than one award,an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

    NOTE:Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.

5. Access to the award and the National Employment Standards

The employer must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means,whichever makes them more accessible.

6. The National Employment Standards and this award

The NES and this award contain the minimum conditions of employment for employees covered by this award.

7. Award flexibility

[Varied by PR542167]

7.1 Notwithstanding any other provision of this award,an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:

      (a) arrangements for when work is performed;

      (b) overtime rates;

      (c) penalty rates;

      (d) allowances;and

      (e) leave loading.

[7.2 varied by PR542167 ppc 04Dec13]

7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.

7.3 The agreement between the employer and the individual employee must:

      (a) be confined to a variation in the application of one or more of the terms listed in clause 7.1;and

[7.3(b) varied by PR542167 ppc 04Dec13]

      (b) result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to.

7.4 The agreement between the employer and the individual employee must also:

      (a) be in writing,name the parties to the agreement and be signed by the employer and the individual employee and,if the employee is under 18 years of age,the employee’s parent or guardian;

      (b) state each term of this award that the employer and the individual employee have agreed to vary;

      (c) detail how the application of each term has been varied by agreement between the employer and the individual employee;

      (d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment;and

      (e) state the date the agreement commences to operate.

7.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

7.6 Except as provided in clause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.

7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures,including translation into an appropriate language,to ensure the employee understands the proposal.

7.8 The agreement may be terminated:

[7.8(a) varied by PR542167 ppc 04Dec13]

      (a) by the employer or the individual employee giving 13 weeks’notice of termination,in writing,to the other party and the agreement ceasing to operate at the end of the notice period;or

      (b) at any time,by written agreement between the employer and the individual employee.

[Note inserted by PR542167 ppc 04Dec13]

    Note:If any of the requirements of s.144(4),which are reflected in the requirements of this clause,are not met then the agreement may be terminated by either the employee or the employer,giving written notice of not more than 28 days (see s.145 of the Fair Work Act 2009 (Cth)).

[New 7.9 inserted by PR542167 ppc 04Dec13]

7.9 The notice provisions in clause 7.8(a) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 7.8(a),subject to four weeks’notice of termination.

[7.9 renumbered as 7.10 by PR542167 ppc 04Dec13]

7.10 The right to make an agreement pursuant to this clause is in addition to,and is not intended to otherwise affect,any provision for an agreement between an employer and an individual employee contained in any other term of this award.

8. Facilitative provisions

8.1 This award contains facilitative provisions that allow agreement between an employer and cabin crew members and their representatives on how specific award provisions are to apply at the workplace or section or sections of it.

8.2 The specific award provisions establish both the standard award condition and the framework within which agreement can be reached as to how the particular provisions should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations nor should they result in unfairness to a cabin crew member or cabin crew members covered by this award.

8.3 Where agreement is reached with the majority of employees and their representative in the workplace or part of it to implement a facilitative provision that requires agreement between the employer and majority of cabin crew members and their representative in the workplace or part of it,that agreement binds all such cabin crew members.

Part 2—Consultation and Dispute Resolution

9. Consultation

10. Dispute resolution

9. Consultation

[9—Consultation regarding major workplace change renamed and substituted by PR546288 ppc 01Jan14]

9.1 Consultation regarding major workplace change

    (a) Employer to notify

      (i) Where an employer has made a definite decision to introduce major changes in production,program,organisation,structure or technology that are likely to have significant effects on employees,the employer must notify the employees who may be affected by the proposed changes and their representatives,if any.

      (ii) Significant effects include termination of employment;major changes in the composition,operation or size of the employer’s workforce or in the skills required;the elimination or diminution of job opportunities,promotion opportunities or job tenure;the alteration of hours of work;the need for retraining or transfer of employees to other work or locations;and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

    (b) Employer to discuss change

      (i) The employer must discuss with the employees affected and their representatives,if any,the introduction of the changes referred to in clause 9.1(a),the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

      (ii) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 9.1(a).

      (iii) For the purposes of such discussion,the employer must provide in writing to the employees concerned and their representatives,if any,all relevant information about the changes including the nature of the changes proposed,the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests.

9.2 Consultation about changes to rosters or hours of work

    (a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work,the employer must consult with the employee or employees affected and their representatives,if any,about the proposed change.

    (b) The employer must:

      (i) provide to the employee or employees affected and their representatives,if any,information about the proposed change (for example,information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);

      (ii) invite the employee or employees affected and their representatives,if any,to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities);and

      (iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.

    (c) The requirement to consult under this clause does not apply where an employee has irregular,sporadic or unpredictable working hours.

    (d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.

10. Dispute resolution

[Varied by PR542167]

10.1 In the event of a dispute about a matter under this award,or a dispute in relation to the NES,in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute,the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.

[10.2 varied by PR542167 ppc 04Dec13]

10.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace,and all appropriate steps under clause 10.1 have been taken,a party to the dispute may refer the dispute to the Fair Work Commission.

[10.3 varied by PR542167 ppc 04Dec13]

10.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation,conciliation and consent arbitration.

[10.4 varied by PR542167 ppc 04Dec13]

10.4 Where the matter in dispute remains unresolved,the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

10.5 An employer or employee may appoint another person,organisation or association to accompany and/or represent them for the purposes of this clause.

10.6 While the dispute resolution procedure is being conducted,work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation,an employee must not unreasonably fail to comply with a direction by the employer to perform work,whether at the same or another workplace,that is safe and appropriate for the employee to perform.

Part 3—Types of Employment and Termination of Employment

11. Types of employment

12. Full-time employment

13. Part-time employment

14. Casual employment

15. Termination of employment

16. Redundancy

17. Employee duties

11. Types of employment

11.1 Cabin crew members under this award will be employed in one of the following categories:

      (a) full-time;

      (b) part-time;or

      (c) casual.

11.2 At the time of engagement an employer will inform each cabin crew member of the terms of their engagement and in particular whether they are to be full-time,part-time or casual.

11.3 A cabin crew member can be appointed to:

      (a) predominantly undertake international flying;

      (b) predominantly undertake domestic flying;

      (c) predominantly undertake regional flying;or

      (d) undertake a mix of international and domestic flying.

12. Full-time employment

A full-time employee is an employee who is engaged as such and is rostered between 1716 and 1872 hours per annum.

13. Part-time employment

13.1 A part-time employee is an employee who is engaged as such and is required to perform less than the full-time hours at the workplace on a reasonably predictable basis.

13.2 Part-time employees are entitled on a pro rata basis to equivalent pay and conditions to those of full-time cabin crew members who do the same work in the classification concerned.

13.3 At the time of engagement the employer and the part-time cabin crew member will agree in writing on a regular pattern of work.

13.4 An employer is required to roster a part-time cabin crew member for a minimum of four consecutive hours on any shift.

13.5 All time worked in excess of the hours mutually arranged will be overtime and paid for at the appropriate overtime rate.

13.6 A part-time cabin crew member employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.

14. Casual employment

[Varied by PR511220]

14.1 A casual employee is an employee engaged as such.

14.2 A casual cabin crew member must be paid per hour at the rate of 1/38th of the weekly rate prescribed for the class of work performed,plus 25%. This loading is instead of entitlements to leave and other matters from which casuals are excluded by the terms of this award and the NES.

[14.3 substituted by PR511220 from 01Jan10]

14.3 Casual cabin crew members must be paid at the termination of each engagement,weekly,fortnightly or monthly in accordance with usual payment methods for full-time employees. Alternatively,by agreement between the employer and the employees and a majority of employees in the relevant enterprise,wages may be paid,in arrears,over such other period as is agreed. Agreement in this respect may also be reached between the employer and an individual employee.

[14.4 deleted by administrative error on 05Jul11;reinstated on 07Nov11]

14.4 Casual cabin crew members are entitled to a minimum payment of four hours work at the appropriate rate.

15. Termination of employment

[Varied by PR994422]

15.1 Notice of termination is provided for in the NES.

15.2 Notice of termination by an employee

    The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES,an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.

15.3 Job search entitlement

    Where an employer has given notice of termination to an employee,an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.

15.4 Termination away from home base

      (a) Where the employment of a cabin crew member is terminated by either the cabin crew member or the employer while the cabin crew member is away from base on a layover or temporary transfer,the notice period in clause 15.1 will commence on the cabin crew member’s return to home base or the place of recruitment where this is mutually agreed.

[15.4(b) varied by PR994422 from 01Jan10]

      (b) Where the employment of a cabin crew member is terminated by either the cabin crew member or the employer while the cabin crew member is away from base on a layover or temporary transfer,the cabin crew member must be reimbursed for the cost of transport back to home base for the cabin crew member,their spouse or de facto partner,dependant children under 21 years of age and their possessions.

[15.4(c) varied by PR994422 from 01Jan10]

      (c) Where the cabin crew member has transferred to a new home base at the employer’s direction and is subsequently terminated by the employer within 12 months,the cabin crew member must be reimbursed for the cost of transport to the previous home base for the cabin crew member,their spouse or de facto partner,dependant children under 21 years of age,and their possessions

      (d) Clauses 15.4(b) and (c) do not apply when an employer elects to provide equivalent transport.

16. Redundancy

[Varied by PR994422,PR503664,PR561478]

16.1 Redundancy pay is provided for in the NES.

16.2 Transfer to lower paid duties

    Where an employee is transferred to lower paid duties by reason of redundancy,the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may,at the employer’s option,make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.

16.3 Employee leaving during notice period

    An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice,but is not entitled to payment instead of notice.

16.4 Job search entitlement

      (a) An employee given notice of termination in circumstances of redundancy must be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

      (b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment,the employee must,at the request of the employer,produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.

      (c) This entitlement applies instead of clause 15.3.

16.5 Terminated away from home base

    If a cabin crew member’s termination date for redundancy occurs while away from home base,the provisions of clause 15.4 will apply. In addition,the period of notice will be amended to commence from the time the cabin crew member is returned to home base.

16.6 Transitional provisions –NAPSA employees

[16.6 renamed by PR503664;deleted by PR561478 ppc 05Mar15]

16.7 Transitional provisions –Division 2B State employees

[16.7 inserted by PR503664;deleted by PR561478 ppc 05Mar15]

17. Employee duties

17.1 The employer may employ employees,and employees must serve the employer,in any part of the world where it may,from time to time,be operating.

17.2 The employer may direct an employee to carry out such duties as are within the limits of the employee’s skills,competence and training including duties which are related,peripheral or incidental to such duties.

17.3 Notwithstanding the requirements of clauses 17.1 and 17.2 an employer cannot require service of an employee in warlike or hostile circumstances.

Part 4—Minimum Wages and Related Matters

18. Classifications and minimum wages

19. Allowances

20. District allowances

21. Accident pay

22. Payment of wages

23. Superannuation

18. Classifications and minimum wages

[Varied by PR991554,PR997951,PR509078,PR522909,PR529162 ppc 27Sep12;varied by PR536712,PR551635,PR566719,PR579814,PR592145 ppc 01Jul17]

The classifications and minimum wages for an adult employee are set out in the following table:

Classification

Minimum weekly wage

 

$

Cabin crew member

793.30

Cabin crew supervisor (narrow-bodied aircraft,four or more crew)

925.60

Cabin crew manager (wide-bodied aircraft)

1081.00

   

19. Allowances

To view the current monetary amounts of work-related allowances refer to the Allowances Sheet.

[Varied by PR997951,PR994422,PR523030,PR551756]

19.1 Domestic cabin crew member allowances including wage,expense and disability allowances are contained in Schedule B.

19.2 Regional cabin crew member allowances including wage,expense and disability allowances are contained in Schedule C.

19.3 International cabin crew member allowances including wage,expense and disability allowances are contained in Schedule D.

19.4 Adjustment of expense related allowances

      (a) At the time of any adjustment to the standard rate,each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

[19.4(b) varied by PR994422,PR523030 ppc 01Jul12]

      (b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0),as follows:

    Allowance

    Applicable Consumer Price Index figure

    Accommodation,incidentals and layover allowance

    All groups

    Loss or damage to personal effects and death benefits allowance

    Insurance sub-group

    Meal allowance

    Take away and fast foods sub-group

    Uniform and grooming allowance

    Clothing and footwear group

    Vehicle/travel allowance

    Private motoring sub-group

   

20. District allowances

[Varied by PR994422;deleted by PR561478 ppc 05Mar15]

21. Accident pay

[Varied by PR994422,PR503664;deleted by PR561478 ppc 05Mar15]

22. Payment of wages

22.1 Period of payment

      (a) Except as provided in clause 22.1(b),wages must be paid each 14 or 28 days or calendar month,in arrears.

      (b) By agreement between the employer and a majority of employees in the relevant enterprise,wages may be paid,in arrears,over such other period as is agreed. Agreement in this respect may also be reached between the employer and an individual employee.

22.2 Method of payment

    Wages must be paid by cheque or electronic funds transfer into the employee’s bank account or other recognised financial institution account.

23. Superannuation

[Varied by PR994422,PR546019]

23.1 Superannuation legislation

      (a) Superannuation legislation,including the Superannuation Guarantee (Administration) Act 1992 (Cth),the Superannuation Guarantee Charge Act 1992 (Cth),the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth),deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund,any superannuation fund nominated in the award covering the employee applies.

      (b) The rights and obligations in these clauses supplement those in superannuation legislation.

23.2 Employer contributions

    An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

23.3 Voluntary employee contributions

      (a) Subject to the governing rules of the relevant superannuation fund,an employee may,in writing,authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 23.2.

      (b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’written notice to their employer.

      (c) The employer must pay the amount authorised under clauses 23.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 23.3(a) or (b) was made.

23.4 Superannuation fund

[23.4 varied by PR994422;substituted by PR546019 ppc 01Jan14]

    Unless,to comply with superannuation legislation,the employer is required to make the superannuation contributions provided for in clause 23.2 to another superannuation fund that is chosen by the employee,the employer must make the superannuation contributions provided for in clause 23.2 and pay the amount authorised under clauses 23.3(a) or (b) to one of the following superannuation funds or its successor:

    (a) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008,provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector scheme;or

    (b) a superannuation fund or scheme which the employee is a defined benefit member of.

Part 5—Hours of Work and Related Matters

24. Ordinary hours of work and rostering

24. Ordinary hours of work and rostering

[Varied by PR997951,PR584068]

24.1 Domestic cabin crew member hours of work and duty hour limitations provisions are contained in Schedule B.

24.2 Regional cabin crew member hours of work and duty hour limitations provisions are contained in Schedule C.

24.3 International cabin crew member hours of work and duty hour limitations provisions are contained in Schedule D.

24.4 Time off instead of payment for overtime

[24.4 inserted by PR584068 ppc 22Aug16]

    (a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

    (b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 24.4.

    (c) An agreement must state each of the following:

      (i) the number of overtime hours to which it applies and when those hours were worked;

      (ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;

      (iii) that,if the employee requests at any time,the employer must pay the employee,for overtime covered by the agreement but not taken as time off,at the overtime rate applicable to the overtime when worked;

      (iv) that any payment mentioned in subparagraph (iii) must be made in the next pay period following the request.

      Note:An example of the type of agreement required by this clause is set out at 0. There is no requirement to use the form of agreement set out at 0. An agreement under clause 24.4 can also be made by an exchange of emails between the employee and employer,or by other electronic means.

    (d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.

      EXAMPLE:By making an agreement under clause 24.4 an employee who worked 2 overtime hours is entitled to 2 hours’time off.

    (e) Time off must be taken:

      (i) within the period of 6 months after the overtime is worked;and

      (ii) at a time or times within that period of 6 months agreed by the employee and employer.

    (f) If the employee requests at any time,to be paid for overtime covered by an agreement under clause 24.4 but not taken as time off,the employer must pay the employee for the overtime,in the next pay period following the request,at the overtime rate applicable to the overtime when worked.

    (g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in paragraph (e),the employer must pay the employee for the overtime,in the next pay period following those 6 months,at the overtime rate applicable to the overtime when worked.

    (h) The employer must keep a copy of any agreement under clause 24.4 as an employee record.

    (i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make,or not make,an agreement to take time off instead of payment for overtime.

    (j) An employee may,under section 65 of the Act,request to take time off,at a time or times specified in the request or to be subsequently agreed by the employer and the employee,instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 24.4 will apply,including the requirement for separate written agreements under paragraph (b) for overtime that has been worked.

      Note:If an employee makes a request under section 65 of the Act for a change in working arrangements,the employer may only refuse that request on reasonable business grounds (see section 65(5) of the Act).

    (k) If,on the termination of the employee’s employment,time off for overtime worked by the employee to which clause 24.4 applies has not been taken,the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

      Note:Under section 345(1) of the Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 24.4.

Part 6—Leave and Public Holidays

25. Annual leave

26. Personal/carer’s leave and compassionate leave

27. Community service leave

28. Public holidays

25. Annual leave

[Varied by PR529162,PR567217,PR582954]

25.1 Annual leave is provided for in the NES.

25.2 Entitlement to annual leave

    An employee is entitled to annual leave such that the employee’s total entitlement to annual leave pursuant to the NES and this award for each year of employment is a total of 42 days’annual leave,inclusive of Saturdays,Sundays and public holidays on full salary for each completed year of service.

25.3 Annual leave loading

    In addition to the entitlement to payment under clause 25.2,an employee when proceeding on annual leave will be paid in respect of the first 28 of 42 days’annual leave falling due each year (inclusive of Saturdays,Sundays and public holidays) an annual leave loading equivalent to 17.5% of the base rate of pay.

25.4 Requirement to take leave notwithstanding terms of the NES

    An employer may require an employee to take annual leave by giving at least four weeks’notice in the following circumstances:

      (a) as part of a close-down of its operations;or

      (b) where more than eight weeks’leave is accrued the employer may direct an employee member to take 25% of the accrued leave.

25.5 When annual leave can be taken

    (a) A period of leave will commence on a Monday unless otherwise mutually agreed.

    (b) Normally,annual leave will be granted and will be taken within 12 months from the date on which it falls due or alternatively 15 months from the date of commencement of the preceding period of leave.

    (c) Annual leave will be allocated in no more than two periods unless otherwise mutually agreed between the employee and the employer.

    (d) Subject to clause 25.4,annual leave must be taken at a time mutually agreed between the employee and employer.

25.6 Proportionate annual leave on termination of employment

    On termination of employment an employee will be paid fully instead of annual leave:

    (a) for all untaken annual leave entitlements that have fallen due in relation to any completed years of service,in accordance with clause 25.2,and the loading specified in clause 25.3 for each completed year of service;and

    (b) for the balance of the employment period,or for the whole period where it has been less than one completed year,at the rate of 1/365th of the entitlement in clause 25.3 for each completed day of employment in respect of which annual leave has not been granted;and

    (c) the annual leave loading,as specified in clause 25.3,will be paid in the case of redundancy.

25.7 When payment will be made for annual leave

    An employee will be paid in full for the period of leave to be taken prior to commencing such leave unless mutually agreed between the employee and the employer.

25.8 Electronic funds transfer (EFT) payment of annual leave

[New 25.8 inserted by PR582954 ppc 29Jul16]

    Despite anything else in this clause,an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.

25.9 Recall of employee from annual leave

[25.8 renumbered as 25.9 by PR582954 ppc 29Jul16]

    An employer will not be entitled to recall an employee from annual leave except by mutual agreement between the employer and the employee. Where an employee is so recalled the employee will be granted two days’annual leave in place of each such day and the employee may elect to add such additional entitlements to the balance of this interrupted annual leave period.

25.10 Illness during annual leave

[25.9 varied by PR529162;substituted by PR567217 ppc 27 May 2015;renumbered as 25.10 by PR582954 ppc 29Jul16]

    An employee who:

    (a) would not be fit for work during annual leave because of a personal illness,or personal injury,affecting the employee;

    (b) advises the employer as soon as practicable of such illness or injury;and

    (c) produces medical evidence of the illness or injury;

    will be allowed to take that period against personal/carer’s leave credits and have the annual leave credit adjusted accordingly. The personal/carer’s leave documentation must be submitted within 15 days of return to duty.

25.11 Annual leave in advance

[25.11 inserted by PR582954 ppc 29Jul16]

    (a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

    (b) An agreement must:

      (i) state the amount of leave to be taken in advance and the date on which leave is to commence;and

      (ii) be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

      Note:An example of the type of agreement required by clause 25.11 is set out at Schedule F. There is no requirement to use the form of agreement set out at Schedule F.

    (c) The employer must keep a copy of any agreement under clause 25.11 as an employee record.

    (d) If,on the termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 25.11,the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

25.12 Cashing out of annual leave

[25.12 inserted by PR582954 ppc 29Jul16]

    (a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 25.12.

    (b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 25.12.

    (c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

    (d) An agreement under clause 25.12 must state:

      (i) the amount of leave to be cashed out and the payment to be made to the employee for it;and

      (ii) the date on which the payment is to be made.

    (e) An agreement under clause 25.12 must be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

    (f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

    (g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

    (h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

    (i) The employer must keep a copy of any agreement under clause 25.12 as an employee record.

    Note 1:Under section 344 of the Fair Work Act,an employer must not exert undue influence or undue pressure on an employee to make,or not make,an agreement under clause 25.12.

    Note 2:Under section 345(1) of the Fair Work Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 25.12.

    Note 3:An example of the type of agreement required by clause 25.12 is set out at Schedule G. There is no requirement to use the form of agreement set out at Schedule G.

26. Personal/carer’s leave and compassionate leave

26.1 Personal/carer’s leave and compassionate leave are provided for in the NES.

26.2 This clause applies to full-time and part-time employees.

26.3 Effect of workers compensation

    There is no entitlement to paid leave of absence for any period the employee is receiving workers compensation payments.

26.4 Return from personal leave

    An employee who has been granted paid personal leave for an injury or illness in respect of which they have consulted a medical practitioner will remain on such leave subject to their entitlements from time to time,until such time as they are deemed to be medically fit in accordance with the relevant Civil Aviation Orders (CAOs) and/or Civil Aviation Regulations (CARs) to resume flying.

26.5 URTI leave

    A cabin crew member must be granted up to six working days per annum,not cumulative for sickness associated with URTI,on the production of a medical certificate if required by the employer.

27. Community service leave

Community service leave is provided for in the NES.

28. Public holidays

28.1 For the avoidance of doubt:

      (a) the minimum wage provided for in this award;and

      (b) the entitlement to annual leave in clause 25,

    take into account an employee’s entitlement to public holidays in the NES and include compensation for all public holidays provided for in the NES.

Schedule A—Transitional Provisions

[Varied by PR991554,PR997951,PR503664]

A.1 General

A.1.1 The provisions of this schedule deal with minimum obligations only.

A.1.2 The provisions of this schedule are to be applied:

    (a) when there is a difference,in money or percentage terms,between a provision in a relevant transitional minimum wage instrument (including the transitional default casual loading) or award-based transitional instrument on the one hand and an equivalent provision in this award on the other;

    (b) when a loading or penalty in a relevant transitional minimum wage instrument or award-based transitional instrument has no equivalent provision in this award;

    (c) when a loading or penalty in this award has no equivalent provision in a relevant transitional minimum wage instrument or award-based transitional instrument;or

    (d) when there is a loading or penalty in this award but there is no relevant transitional minimum wage instrument or award-based transitional instrument.

A.2 Minimum wages –existing minimum wage lower

A.2.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

    (a) was obliged,

    (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

    (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

    by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage lower than that in this award for any classification of employee.

A.2.2 In this clause minimum wage includes:

    (a) a minimum wage for a junior employee,an employee to whom training arrangements apply and an employee with a disability;

    (b) a piecework rate;and

    (c) any applicable industry allowance.

A.2.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.2.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.2.3 is referred to as the transitional amount.

A.2.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award minus the specified proportion of the transitional amount:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.2.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review.

A.2.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.3 Minimum wages –existing minimum wage higher

A.3.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

    (a) was obliged,

    (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

    (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

    by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage higher than that in this award for any classification of employee.

A.3.2 In this clause minimum wage includes:

    (a) a minimum wage for a junior employee,an employee to whom training arrangements apply and an employee with a disability;

    (b) a piecework rate;and

    (c) any applicable industry allowance.

A.3.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.3.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.3.3 is referred to as the transitional amount.

A.3.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award plus the specified proportion of the transitional amount:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.3.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review. If the transitional amount is equal to or less than any increase in minimum wages resulting from the 2010 annual wage review the transitional amount is to be set off against the increase and the other provisions of this clause will not apply.

A.3.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.4 Loadings and penalty rates

    For the purposes of this schedule loading or penalty means a:

    ●casual or part-time loading;

    ●Saturday,Sunday,public holiday,evening or other penalty;

    ●shift allowance/penalty.

A.5 Loadings and penalty rates –existing loading or penalty rate lower

A.5.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

    (a) was obliged,

    (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

    (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

    by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a lower rate than the equivalent loading or penalty in this award for any classification of employee.

A.5.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument for the classification concerned.

A.5.3 The difference between the loading or penalty in this award and the rate in clause A.5.2 is referred to as the transitional percentage.

A.5.4 From the following dates the employer must pay no less than the loading or penalty in this award minus the specified proportion of the transitional percentage:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.5.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.6 Loadings and penalty rates –existing loading or penalty rate higher

A.6.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

    (a) was obliged,

    (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

    (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

    by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a higher rate than the equivalent loading or penalty in this award,or to pay a particular loading or penalty and there is no equivalent loading or penalty in this award,for any classification of employee.

A.6.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument.

A.6.3 The difference between the loading or penalty in this award and the rate in clause A.6.2 is referred to as the transitional percentage. Where there is no equivalent loading or penalty in this award,the transitional percentage is the rate in A.6.2.

A.6.4 From the following dates the employer must pay no less than the loading or penalty in this award plus the specified proportion of the transitional percentage:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.6.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.7 Loadings and penalty rates –no existing loading or penalty rate

A.7.1 The following transitional arrangements apply to an employer not covered by clause A.5 or A.6 in relation to a particular loading or penalty in this award.

A.7.2 Prior to the first full pay period on or after 1 July 2010 the employer need not pay the loading or penalty in this award.

A.7.3 From the following dates the employer must pay no less than the following percentage of the loading or penalty in this award:

    First full pay period on or after

     

    1 July 2010

    20%

    1 July 2011

    40%

    1 July 2012

    60%

    1 July 2013

    80%

A.7.4 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.8 Former Division 2B employers

[A.8 inserted by PR503664 ppc 01Jan11]

A.8.1 This clause applies to an employer which,immediately prior to 1 January 2011,was covered by a Division 2B State award.

A.8.2 All of the terms of a Division 2B State award applying to a Division 2B employer are continued in effect until the end of the full pay period commencing before 1 February 2011.

A.8.3 Subject to this clause,from the first full pay period commencing on or after 1 February 2011 a Division 2B employer must pay no less than the minimum wages,loadings and penalty rates which it would be required to pay under this Schedule if it had been a national system employer immediately prior to 1 January 2010.

A.8.4 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was lower than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay more than the minimum wage,loading or penalty rate in this award.

A.8.5 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was higher than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay less than the minimum wage,loading or penalty rate in this award.

A.8.6 In relation to a Division 2B employer this Schedule commences to operate from the beginning of the first full pay period on or after 1 January 2011 and ceases to operate from the beginning of the first full pay period on or after 1 July 2014.

Schedule B—Domestic Flying

[Varied by PR991554,PR997951,PR993117,PR995609,PR998173,PR997951,PR509078,PR509200,PR523030,PR522909,PR529162,PR536833,PR536712,PR551635,PR551756,PR566857,PR566719, PR579552, PR579814,PR584068,PR592307,PR592145]

B.1 Allowances

B.1.1 Relocation expenses

    (a) An employee is entitled to receive payment from their employer of all reasonable expenses incurred by them for the removal of their furniture and personal effects if required to relocate at the direction of the employer from one base to another base for a period in excess of six months. This subclause applies whether the transfer is permanent or temporary,so long as the actual period of transfer (whether known at the time of initial transfer or not) exceeds six months.

    (b) Clause B.1.1(a) does not apply when an employee requests to transfer to another base on a permanent or temporary basis.

B.1.2 Uniforms

    (a) Uniforms required by an employer to be worn by employees must be provided on an adequate scale by the employer and replaced from time to time as may be required as a result of fair wear and tear whilst on duty. The employee must wear the uniform at all times whilst on duty and must keep the uniform in good order and condition and must,at their own cost,replace the uniform if such replacement becomes necessary,other than as a result of fair wear and tear. Uniforms remain the property of the employer at all times,and must be returned by the employee on termination of their employment.

    (b) Employees who are required to attend a fitting for an employer supplied uniform will receive duty credits of 30 minutes,provided that this period will count for pay purposes only and not otherwise for duty hour calculations or limitations.

B.1.3 Accommodation

    Employees away from home base on duty will be provided with appropriate accommodation and transport between the airport and hotel.

B.1.4 Higher duties

    Where an employee is required to work in a higher classification on a temporary basis,the employee will be entitled to a higher duties allowance. The allowance will be paid at the rate of the higher position.

B.1.5 Passports and visas

    If an employer specifically requires an employee to obtain a passport and visa(s),the employer must bear all costs associated with the issue of the passport and visa(s).

B.1.6 Ground transport allowance

    (a) A cabin crew member who does not have a car registered with the employer must be provided with transport between the airport and the city office if sign-on occurs between the hours of 2000 and 0730.

    (b) A cabin crew member who overnights away from home base must be provided transport from airport to overnight accommodation. The employer will arrange such transport to coincide within 15 minutes of the estimated time of arrival of the aircraft.

[B.1.6(c) varied by PR529162 ppc 27Sep12]

    (c) A reserve cabin crew member called out for duty must be prepared to sign on at the airport as early as possible but not later than 90 minutes after receiving the duty call out. Transport to and from the airport at the employer’s expense will be made available to the cabin crew member on request if required to sign on within 90 minutes of call out.

B.1.7 Flying allowance

    (a) In addition to the base annual salary,employees will be paid a flying allowance at the rate of 1.68% of the standard rate per hour. The flying allowance will be paid for scheduled block hours only and will not be paid for any flight where employees have not operated as a cabin crew member.

[B.1.7(b) varied by PR997951,PR998173,PR509078,PR522909,PR536712,PR551635,PR566719,PR579814,PR592145 ppc 01Jul17]

    (b) The flying allowance applies to cabin crew members if their rostered flying in a roster period is primarily domestic flying.

      Example of how the flying allowance works

      If a cabin crew member’s average scheduled hours in a roster period are approximately 120 hours,of these 120 hours on average about 90 hours would be block hours,that is,the time that the employee is actually operating as a cabin crew member on a flight. Thus in the roster period,in addition to the employee’s base rate of pay,the employee would earn an additional $1199.50 pay per month ($13.30 x 90 block hours).

      NOTE:This is an example only. Scheduled hours and block hours will vary from roster period to roster period.

    (c) The flying allowance in clause B.1.7 is instead of:

      (i) daily travelling allowance (DTA);

      (ii) uniform and grooming allowance;

      (iii) hose allowance;

      (iv) shoe allowance;and

      (v) miscellaneous expense reimbursement (MER) allowance.

[B.1.7(d) varied by PR998173,PR509200,PR523030,PR536833, PR551756,PR566857,PR579552,PR592307 ppc 01Jul17]

    (d) A component of the flying allowance is paid as reimbursement for meals and incidentals (daily travelling allowance). The DTA component is calculated using the Australian Taxation Office travel allowance Table 1 rate for meals and incidentals:divided by 24. The resultant amount is paid for every block hour of duty. At June 2017,the component is $125.95 = $5.25 per hour.

B.1.8 Training allowance

    (a) A cabin crew member appointed as either an in-flight trainer (a cabin crew member appointed for periods of time by the employer for the purpose of in-flight training of trainee cabin crew members) or a ground school trainer (a cabin crew member appointed by the employer to conduct on ground training as required) must be paid per week 9.5% of a cabin crew member’s base rate of pay.

    (b) For the purpose of B.1.8(a),the term cabin crew member’s base rate of pay refers only to a cabin crew member’s base rate of pay and excludes a cabin manager’s base rate of pay.

B.1.9 Meal allowance

    (a) The employer must provide meals and/or refreshments on or around the times the meal/refreshments would have been served during the flight the cabin crew member is working.

    (b) On tours of duty of five or more hours which do not include at least one meal sector,a meal and/or refreshments will be provided where possible in those cases where the cabin crew member does not have access to other catering facilities.

B.2 Ordinary hours of work

B.2.1 Ordinary hours of work for employees are 1872 hours each year,including attendance caused by flight delays and roster changes. Planned duty hours will be rostered:

    (a) over 13 roster periods of 28 days of up to 144 duty hours plus reasonable additional hours;

    (b) over 12 roster periods of a calendar month of up to 156 duty hours plus reasonable additional hours;or

    (c) over a 14 day roster period up to 72 hours plus reasonable additional hours.

B.2.2 Ordinary hours of work for employees include weekends and public holidays. If required by the employer,employees may be required to perform work in any pattern of hours,including work on weekends and public holidays.

B.3 Rostering

B.3.1 The employer must prepare a roster for the roster period for full-time and part-time employees showing sign-on and sign-off times,stand-by,duties,rostered days off,flight details,dates and ports of overnight stays.

B.3.2 The roster must be provided to employees at least seven days before the commencement of the roster period.

[B.3.3 substituted by PR993117 ppc 02Feb10]

B.3.3 The employer may reassign employees an alternative duty at any time during the roster period for an operational reason.

B.3.4 With the consent of the employer,employees may exchange duties,stand-by or rostered days off.

[B.3.5 substituted by PR993117 ppc 02Feb10]

B.3.5 An employee will not be rostered beyond a maximum of six sectors in any duty period and will not be rostered to work on more than six consecutive days.

B.3.6 The employer will make every endeavour to ensure that a cabin crew member has a 20 minute paid meal break at least five hours after sign-on. A cabin crew member’s meal break will be assigned on the day taking account of operational needs. Meal breaks can be taken in flight or at turn around but will not affect operations or service delivery.

B.4 Rostered days off

B.4.1 Employees will be entitled to eight calendar days off at home base in each completed 28 day period.

B.4.2 Where an employee works on a calendar month roster the employee’s days off will be a minimum of nine days off in every month.

[B.4.3 substituted by PR993117 ppc 02Feb10]

B.4.3 The employer may contact employees on a rostered day off and request employees to work. The employee may refuse to work if to do so would be unreasonable having regard to:

    (a) any risk to employee health and safety;or

    (b) the employee’s personal circumstances including any genuine family or carer’s responsibilities.

[B.4.4 deleted by PR995609 ppc 02Feb10]

[B.4.5 renumbered as B.4.4 by PR995609 ppc 02Feb10]

B.4.4 The employer may call employees in to undertake duty as required.

[B.4.6 inserted by PR993117,renumbered and substituted by PR995609 ppc 02Feb10]

B.4.5 Where a duty inadvertently infringes a rostered day off,an employee will be entitled to a substitute day off which will be assigned on a day agreed with the employee. If agreement on a substitute day off cannot be reached the substitute day off will be assigned in the next roster period.

B.5 Duty limitations and rest periods

B.5.1 For all domestic flying the following duty hour limitations will apply:Duty time is calculated from the sign-on time for that duty. The maximum duty time will be:

    Duty type

    Planned hours

    Unplanned hours

    Deadhead

    12

    15

    Operate

    12

    15

    Deadhead to operate

    12

    15

    Operate to deadhead

    12

    15

    Operate to deadhead to home base

    13

    16

    Non-airport reserve (stand-by credits do not count towards duty limitations)

    12

    N/A

    Airport reserve (stand-by credits do not count towards duty limitations)

    8

    N/A

    Other non-flying duty

    12

    N/A

    Combination non-flying duty and operate or deadhead

    14

    16

B.5.2 Rest periods

    (a) A rest period is calculated from the sign-off time of any duty.

[B.5.2(b) varied by PR993117 ppc 02Feb10]

    (b) The minimum planned rest period after a duty will be:

    Duty

    Planned rest hours

    Unplanned hours

    0 to 14 hours

    12

    10

    14 hours 1 min to 15 hours

    equal to duty hours

    12

B.6 Overtime

B.6.1 Overtime for domestic flying will be paid as follows:

    (a) For all time worked in excess of 1872 hours in a year,the cabin crew member will be paid a penalty of 100% additional to the employee’s base hourly rate,pro rated for time less than a complete hour.

[B.6.1(b) varied by PR529162 ppc 27Sep12]

    (b) For all time worked in excess of the cabin crew member’s roster cycle maximum as specified in clauses B.2.1(a),(b) or (c) as applicable,the cabin crew member will be paid a penalty of 100% additional to the employee’s base hourly rate,pro rated for time less than a complete hour.

    (c) Where unplanned extensions exceed the daily limit,the affected cabin crew member may agree to a further extension. Agreement will also include agreement on an appropriate payment. Such agreement will be made in accordance with clause 8Facilitative provisions of the award.

[B.6.1(d) inserted by PR584068 ppc 22Aug16]

    (d) Providing time off instead of payment for overtime in accordance with clause 24.4.

B.7 Call in and work on days off

B.7.1 Employees may elect to work on up to three of their days off within a 28 day period with the consent of the employer. The hours worked will count towards the roster period hourly total.

B.7.2 Subject to clause B.7.1 employees may elect to reduce their day off period if the employee wishes to resume their next rostered duties.

B.7.3 Rest periods and days off may overlap.

B.8 Deadhead

B.8.1 Deadhead sector(s) may occur at any stage during a duty period.

B.8.2 Employees must deadhead in uniform or carry on board their uniform on every occasion in case employees are required to operate. Employees may be directed to operate on deadhead duty.

B.9 Reserve

B.9.1 Any period in a roster that is not assigned as a duty period,rest period,or rostered day off may be assigned as a reserve duty either at roster build or during the roster period.

B.9.2 A reserve duty may be at an airport,home or other location.

B.9.3 If employees are on reserve duty (other than an airport stand-by) employees must be contactable and ready to perform duties within 90 minutes of contact. This time limit may be extended in particular circumstances and employees will be advised of any such extensions.

B.9.4 Employees may be released from reserve duties at any time.

[B.9.5 varied by PR529162 ppc 27Sep12]

B.9.5 Where the employee has not been assigned a duty before the employee’s stand-by period commences and the employee is subsequently called in,the hours elapsed during the planned stand-by period will be credited on a 1:4 basis up to the sign-on for the duty. Such credited hours will count towards the roster period hourly total,but will not be included in any duty period limitation for the purposes of clause B.5.1.

    Example of how the reserve period ratio in this clause works:

    If an employee is rostered to commence reserve duty at home at 0900 hours,and they are called in to work to sign-on at 1100 hours,in respect to the two hours elapsed on stand-by the employee will be credited with 30 minutes towards the roster period hourly total (and zero minutes for the purposes of duty period limitation calculations).

B.9.6 Where reserve duty occurs at an airport,all elapsed hours spent on reserve before the allocation of a flying duty will be credited towards the roster period hourly total but not to duty period limitations.

B.9.7 Notwithstanding clause B.9.6,where reserve duty occurs at an airport and the employee is rostered to perform primarily domestic flying,all elapsed hours spent on standby before the allocation of a flying duty will be credited towards the roster period hourly total and towards duty period limitations for a call out for domestic flying.

Schedule C—Regional Flying

[Varied by PR991554,PR997951,PR994422,PR998173,PR509200,PR523030,PR529162,PR536833,PR551756,PR566857,PR579552,PR592307]

C.1 Allowances

C.1.1 Uniform and grooming allowances

    (a) Where uniforms are required by an employer to be worn by a regional cabin crew member,the regional cabin crew member must be reimbursed by an employer for the cost of purchasing the required uniforms,and for the cost of such further replacement items as may be necessary to replace from time to time as a result of fair wear and tear on duty.

    (b) The provisions of this clause do not apply where the employer elects to provide the uniforms and replacement of items free of charge.

    (c) A regional cabin crew member must at their own expense replace any uniform items if replacement becomes necessary as a result of conditions other than fair wear and tear.

    (d) A regional cabin crew member must be paid a uniform and grooming allowance of $152.13 per month.

    (e) Casual regional cabin crew members must be paid uniform and grooming allowance at the rate of $7.00 per day worked.

C.1.2 Travel at employer’s direction

[C.1.2(a) varied by PR994422 from 01Jan10]

    (a) Where a regional cabin crew member’s family is travelling at the direction of the employer,the employer will reimburse the regional cabin crew member for the cost of air travel for the regional cabin crew member,the regional cabin crew member’s spouse or de facto partner and dependants under 21 years of age. If a regional cabin crew member or their family are off-loaded overnight the employer will reimburse the regional cabin crew member for transport to and from the airport,appropriate accommodation and meals on each such occasion.

    (b) Clause C.1.2(a) does not apply when an employer elects to provide equivalent transport and appropriate accommodation free of charge.

    (c) Where a regional cabin crew member,at the employer’s direction,is required to undertake travel by means of taxi or public transport,the employer will reimburse expenses incurred in such travel.

    (d) Clause C.1.2(c) does not apply when an employer elects to provide equivalent transport free of charge.

C.1.3 Uniform fittings in another base

    (a) A regional cabin crew member who is required to travel to another base for uniform fittings must be reimbursed by the employer for the cost of air travel from home base to the other base and transport between the airport and the premises where the uniform fitting is required.

    (b) Clause C.1.3(a) does not apply when an employer elects to provide equivalent transport.

    (c) Uniform fittings where travel to another base is required must take place on a day free of rostered duty (other than a designated day off).

C.1.4 Transport provided where regional cabin crew member is away from home base more than 48 hours

    (a) Where a regional cabin crew member will be away from home base for more than 48 hours the employer must,upon request by the regional cabin crew member,either:

      (i) provide suitable transport,or reimburse for the cost of suitable transport,between the regional cabin crew member’s home and their base airport irrespective of time of departure or return;or

[C.1.4(a)(ii) varied by PR523030,PR536833, PR551756 ppc 01Jul14]

      (ii) pay the regional cabin crew member an allowance of $0.78 per kilometre instead of the provision of transport up to a maximum of 30 kilometres each way.

    (b) Clause C.1.4(a) does not apply when an employer elects to provide the suitable transport free of charge.

C.1.5 Transport provided on a layover

    (a) A regional cabin crew member staying at any designated place away from home base must be reimbursed for reasonable costs necessary to transport the regional cabin crew member,between the airport and the place of accommodation.

    (b) Clause C.1.5(a) does not apply when the employer provides transport free of cost to the regional cabin crew member,between the airport and their place of accommodation and return at the required time.

C.1.6 Accommodation and meals on a layover

    (a) General entitlement

      (i) The employer must reimburse the regional cabin crew member for the cost of appropriate accommodation and meals when the regional cabin crew member is on a layover.

      (ii) The provisions of this clause do not apply when the employer elects to provide the appropriate accommodation and meals free of charge. If the employer and regional cabin crew member agree,the employer may only provide the appropriate accommodation and pay the regional cabin crew member the allowances in clause C.1.9 instead of providing a meal.

[C.1.6(a)(iii) varied by PR998173,PR523030,PR536833, PR551756,PR566857,PR579552,PR592307 ppc 01Jul17]

      (iii) Where appropriate accommodation was not available or provided on the layover in accordance with clause C.1.6(a)(i),a regional cabin crew member will be paid a disability allowance of $87.91 per night.

[C.1.6(a)(iv) varied by PR998173,PR509200,PR523030,PR536833, PR551756,PR566857,PR579552,PR592307 ppc 01Jul17]

      (iv) If the employer and the regional cabin crew member agree,a regional cabin crew member may arrange and pay for their own accommodation and meals,and the employer will pay an allowance of $127.00 and be deemed to have discharged the obligations in this clause.

C.1.7 Stopover of four hours or more

    (a) Where in any tour of duty there is a break of four hours or more between successive flights,an employer must reimburse a regional cabin crew member for the cost of obtaining adequate rest facilities,as appropriate to the area,which allow horizontal rest.

    (b) The provisions of this clause do not apply when the employer elects to provide the rest facilities free of charge.

C.1.8 Layover allowance

[C.1.8 varied by PR998173,PR509200,PR523030,PR536833, PR551756,PR566857,PR579552,PR592307 ppc 01Jul17]

    When a regional cabin crew member is on a layover,they must be paid a layover allowance of $20.83 per layover.

C.1.9 Meal periods and allowances

[C.1.9(a) varied by PR998173,PR509200,PR523030;renumbered as C.1.9 by PR529162 ppc 27Sep12;varied by PR536833, PR551756,PR566857,PR579552,PR592307 ppc 01Jul17]

    Where a regional cabin crew member commences a tour of duty from a layover port,which involves duty in excess of 30 minutes in a meal period,as specified below,they must be provided with a meal or paid the appropriate meal allowance.

    Meal period

    Time period

    Allowance

      

    $

    Breakfast

    0630 to 0800 hours

    20.87

    Lunch

    1200 to 1330 hours

    24.06

    Dinner

    1800 to 2000 hours

    54.33

C.1.10 Telephone allowance

    Where an employer requires a regional cabin crew member to have a telephone or paging service,the employer must reimburse the employee the cost of installation or transfer for one telephone or pager at any one base. The employer must also reimburse the employee 50% of the rental charge of that telephone or pager.

C.1.11 Loss or damage to personal effects allowance

[C.1.11(a) varied by PR998173,PR509200,PR523030,PR536833,PR566857,PR579552,PR592307 ppc 01Jul17]

    (a) A regional cabin crew member is entitled to claim up to $1987.00 for loss or destruction of their personal baggage while on a tour of duty. This amount will be varied in accordance with the employer’s Condition of Carriage.

    (b) Permanent loss is deemed to have occurred if such baggage has not been recovered within 40 days from the date of loss.

    (c) Any such entitlement will not apply to circumstances in which compensation is payable under the airline’s passenger liability provisions.

[C.1.11(d) varied by PR998173,PR509200,PR523030,PR536833,PR566857,PR579552,PR592307 ppc 01Jul17]

    (d) The employer must provide standard traveller’s baggage and personal effects insurance to the value of $1757.00 for regional cabin crew members travelling overseas under the employer’s direction.

    (e) Where loss of personal baggage occurs to a regional cabin crew member while away from base on duty,they must be reimbursed reasonable expenses incurred.

    (f) Where a payment has been made and the baggage is subsequently recovered,the employer will be entitled to reimbursement of the payment made.

C.1.12 Reimbursement for legal claims allowances

    (a) A regional cabin crew member must be reimbursed by an employer for the monetary amount of any successful legal claim made by any member of the public,passenger or happening against a regional cabin crew member when duly performing their nominated duty,whether efficiently or,as may be subsequently determined,negligently.

    (b) An exception to this is when the regional cabin crew member knowingly performs duty in a manner contrary to law or the employer’s policy and direction.

C.1.13 Death benefits allowances

[C.1.13(a) varied by PR998173,PR509200,PR523030,PR536833,PR566857,PR579552,PR592307 ppc 01Jul17]

    (a) An employer will provide each regional cabin crew member with accident insurance for a death benefit only of not less than $140,621 over and above any entitlement available under workers compensation legislation.

    (b) A regional cabin crew member’s entitlement to a death benefit under a superannuation scheme provided by their employer of not less than the amount prescribed in clause C.1.13(a) will satisfy the employer’s obligations under this clause.

[C.1.13(c) varied by PR998173,PR509200,PR523030,PR536833,PR566857,PR579552,PR592307 ppc 01Jul17]

    (c) Should an employer’s insurer reject a proposal for cover of a regional cabin crew member under clause C.1.13(a),and should the regional cabin crew member be able to obtain insurance,the regional cabin crew member will be reimbursed,upon production of a receipt up to $351.30 per annum. This will be deemed to discharge the employer’s obligation in clause C.1.13(a).

C.2 Hours of work

C.2.1 Monthly hours

    (a) A regional cabin crew member must not fly and the employer must not roster the regional cabin crew member to fly in excess of 100 hours in a 30 day period.

    (b) Subject to the provisions of clauses C.2 to C.4,regional cabin crew member duty periods will comply with the flight time limitations and rest periods applicable to pilots as prescribed in CAOs Part 48 Section 48.1 as varied from time to time.

C.2.2 Weekly hours

    A regional cabin crew member must not fly and the employer must not roster the regional cabin crew member to fly in excess of 30 hours in a seven day period.

C.2.3 Fortnightly hours

    An employer must not roster a regional cabin crew member to fly when completion of the flight will result in the regional cabin crew member exceeding 90 hours of duty of any nature associated with the regional cabin crew member’s employment standing alone. For the purpose of this clause duties associated with a regional cabin crew member’s employment include reserve time at the airport,tour of duty,deadhead transportation,administrative duties and all forms of ground training. The operator must designate the day on which the first of the fortnightly periods will start.

C.2.4 Daily duty hours

    (a) A regional cabin crew member must not be rostered for a tour of duty in excess of 11 hours.

    (b) A tour of duty already commenced under clause C.2.4(a) may be extended to 12 hours.

    (c) A regional cabin crew member must not be rostered to fly in excess of eight hours flight time in any one tour of duty.

    (d) The flight time in a tour of duty already commenced under clause C.2.4(c) may be extended to nine hours.

C.2.5 Maximum number of consecutive working days

    A regional cabin crew member must not be required to work more than six consecutive days.

C.2.6 Maximum number of sectors

    A regional cabin crew member must not operate more than nine sectors in any tour of duty. Where the rest period prior to the commencement of a tour of duty is less than 11 hours,at other than home base,the regional cabin crew member must not operate more than six sectors in that tour of duty. All deadhead travel will count as sectors flown for the purpose of this clause.

C.2.7 Meal breaks

[C.2.7 varied by PR998173,PR509200,PR523030,PR536833, PR551756,PR566857,PR579552,PR592307 ppc 01Jul17]

    A regional cabin crew member must not be required to be on duty for a period in excess of five hours without a 30 minute break free of all duty for a meal. The turnaround time for this break must be not less than 50 minutes. Meal breaks must be scheduled at a port with adequate eating facilities. Where a meal break cannot be taken the regional cabin crew member must be paid an allowance of $8.97.

C.2.8 Days off

    (a) A regional cabin crew member’s days off may only be altered by agreement between the employer and the regional cabin crew member.

    (b) Where a regional cabin crew member is on temporary assignment away from home base the regional cabin crew member may elect to defer designated days off and in such an event they must,upon return to home base,receive the deferred designated days off.

    (c) A regional cabin crew member must not be rostered for a tour of duty terminating after 2200 hours on the day preceding a designated day off and must not be rostered to commence duty prior to 0600 hours on the day following the designated day off.

    (d) Where a tour of duty,rostered to terminate before 2200 hours on the day preceding a designated day off,is extended by delays so that it terminates after 2200 hours,the regional cabin crew member must be regarded as having worked on a designated day off and the provisions of clause C.2.9 will apply.

C.2.9 Working on a designated day off

    (a) A regional cabin crew member will not be required to work on a designated day off. In unforeseen circumstances an employer may request a regional cabin crew member to work on a designated day off. A regional cabin crew member may agree to work on a designated day off and will be entitled to:

      (i) a substitute designated day off date within the current roster period or the next roster period as agreed between the employer and the regional cabin crew member;and

      (ii) an allowance of 13.95% of the standard rate for each day.

    (b) Substitute designated days off will not accumulate beyond the roster period after the one in which the substitution occurs.

C.3 Rest periods

C.3.1 A tour of duty or period of reserve time at home must be preceded by a rest period on the ground of at least:

    (a) nine consecutive hours embracing the hours between 2200 hours and 0600 hours local time;or

    (b) 10 consecutive hours.

C.3.2 Despite the provisions of clause C.3.1,when an aircraft is scheduled to arrive at such a time that the regional cabin crew member would be free of duty not later than 2200 hours local time and the aircraft is delayed beyond that time,the nine hour rest period prescribed may be commenced up to 2300 hours local time,provided the succeeding tour of duty does not exceed six hours.

C.3.3 Where a regional cabin crew member is rostered to fly eight hours or less and that rostered flying has been extended under clause C.2.4(d) up to nine hours the regional cabin crew member must receive a rest period on the ground of not less than:

    (a) nine consecutive hours which must include the hours between 2200 hours and 0600 hours local time,plus one additional hour for each 15 minutes or part thereof by which the regional cabin crew member’s tour of duty time exceeds 11 hours;or

[C.3.3(b) varied by PR529162 ppc 27Sep12]

    (b) 10 consecutive hours plus one additional hour for each 15 minutes or part thereof by which the regional cabin crew member’s tour of duty time exceeds 11 hours.

[C.3.4 varied by PR529162 ppc 27Sep12]

C.3.4 Where a regional cabin crew member is rostered for a tour of duty of 11 hours or less and that rostered duty has been extended under clause C.2.4(a) up to 12 hours,the regional cabin crew member must receive a rest period on the ground of not less than:

    (a) nine consecutive hours which must include the hours between 2200 hours and 0600 hours local time,plus one additional hour for each 15 minutes or part thereof by which the regional cabin crew member’s flight time exceeds eight hours;or

    (b) 10 consecutive hours plus one additional hour for each 15 minutes or part thereof by which the regional cabin crew member’s flight time exceeds eight hours.

C.3.5 Where a regional cabin crew member has commenced a tour of duty of 11 hours or less under clause C.2.4(a) or a tour of duty of eight hours flight time or less under clause C.2.4(c) and the duty exceeds 12 hours or the flight time exceeds nine hours the regional cabin crew member must have,at the completion of the tour of duty,a rest period of at least 24 consecutive hours.

C.3.6 Where a regional cabin crew member has completed two consecutive tours of duty,the aggregate of which exceeds eight hours flight time or 11 hours duty time,and the intervening rest period is less than:

    (a) 12 consecutive hours embracing the hours between 2200 hours and 0600 hours local time;or

    (b) 24 consecutive hours,if not embracing the hours between 2200 hours and 0600 hours local time,

    the regional cabin crew member must have a rest period on the ground of at least 12 consecutive hours embracing the hours between 2200 hours and 0600 hours local time or 24 consecutive hours,prior to commencing a further tour of duty.

[C.3.7 substituted by PR994422 from 01Jan10]

C.3.7 Despite the provisions of clause C.3.6,when an aircraft is scheduled to arrive at such a time that the regional cabin crew member would be free of duty not later than 2200 hours local time and the aircraft is delayed beyond that time,the 12 hour rest period prescribed in clause C.3.6 may be commenced up to 2300 hours provided that the succeeding tour of duty does not exceed six hours.

C.3.8 A regional cabin crew member must not commence a flight and an operator must not roster a regional cabin crew member for a flight unless during the seven day period terminating coincident with the termination of the flight,the regional cabin crew member has been relieved from all duty associated with their employment for at least one continuous period embracing the hours between 2200 hours and 0600 hours on two consecutive nights.

C.4 Rosters

C.4.1 Cabin crew member rosters will be compiled to cover 14 or 28 day periods and must be provided in writing not less than seven days prior to the commencement of the roster period.

C.4.2 A copy of the complete roster must be displayed on the regional cabin crew member notice board prior to the commencement of the roster period.

C.4.3 Each roster will specify the regional cabin crew member’s designated days off,duty days,tours of duty,flight details,periods of leave and any other form of duty as may be applicable.

C.4.4 A rostered tour of duty must not be preceded or followed by a period of reserve duty in any one calendar day.

C.4.5 Changes to duties

    (a) All alterations to rostered duty within the next 48 hours of the roster being provided must be advised as soon as possible and will be confirmed in writing.

    (b) A regional cabin crew member will only be displaced from rostered duty for the following reasons:

      (i) disruptions to service;

      (ii) flight cancellation;

      (iii) checking or training;or

      (iv) the operation of any part of this award.

C.4.6 Exchange of rostered duty

    Exchange of duty between regional cabin crew members will be granted by the employer upon the request of regional cabin crew members concerned,provided that regional cabin crew members’ability to complete subsequent rostered flying is not affected.

Schedule D—International Flying

[Varied by PR991554,PR997951,PR993117,PR994422,PR998173,PR509200,PR523030,PR536833,PR551756,PR566857,PR579552,PR584068,PR592307]

The provisions in Schedule D apply only to cabin crew members when they are rostered to predominantly undertake international flying.

D.1 Allowances

D.1.1 Relocation expenses

    (a) An employee is entitled to receive payment from their employer of all reasonable expenses incurred by them for the removal of their furniture and personal effects if required to relocate at the direction of the employer from one base to another base for a period in excess of six months. This subclause applies whether the transfer is permanent or temporary,so long as the actual period of transfer (whether known at the time of initial transfer or not) exceeds six months.

    (b) This clause does not apply when an employee requests to transfer to another base on a permanent or temporary basis.

D.1.2 Uniforms

    (a) Uniforms required by an employer to be worn by employees must be provided on an adequate scale by the employer and replaced from time to time as may be required as a result of fair wear and tear whilst on duty. The employee must wear the uniform at all times whilst on duty and must keep the uniform in good order and condition and must,at their own cost,replace the uniform if such replacement becomes necessary,other than as a result of fair wear and tear. Uniforms remain the property of the employer at all times,and must be returned by the employee on termination of their employment.

    (b) Employees who are required to attend a fitting for an employer supplied uniform will receive duty credits of 30 minutes,provided that this period will count for pay purposes only and not otherwise for duty hour calculations or limitations.

D.1.3 Accommodation

    Employees away from home base on duty will be provided with appropriate accommodation and transport between the airport and hotel.

D.1.4 Higher duties

    Where an employee is required to work in a higher classification on a temporary basis,the employee will be entitled to a higher duties allowance. The allowance will be paid at the rate of the higher position.

D.1.5 Passports and visas

    If an employer specifically requires an employee to obtain a passport and visa(s),the employer must bear all costs associated with the issue of the passport and visa(s).

D.1.6 Ground transport allowance

    (a) A cabin crew member who does not have a car registered with the employer must be provided with transport between the airport and the city office if sign-on occurs between the hours of 2000 hours and 0730 hours.

    (b) A cabin crew member who overnights away from home base must be provided transport from airport to overnight accommodation. The employer will arrange such transport to coincide within 15 minutes of the estimated time of arrival of the aircraft.

    (c) A reserve cabin crew member called out for duty must be prepared to sign on at the airport as early as possible but not later than 90 minutes after receiving the duty call out. Transport to and from the airport at the employer’s expense will be made available to the cabin crew members on request if required to sign on within 90 minutes of call out.

D.1.7 International incidentals allowance

[D.1.7 varied by PR998173,PR509200,PR523030,PR536833, PR551756,PR566857,PR579552,PR592307 ppc 01Jul17]

    When on duty on international flying,cabin crew will be paid an incidentals allowance. The allowance will paid for each hour or part thereof that the employee is actually flying (block hour). The allowance will be paid at the rate of $1.81 per block hour.

D.1.8 International meal allowance

    When on international flying duty,employees must be provided with all meals. Meals must be of an appropriate standard. The employer may pay an allowance instead of arranging the provision of meals. Such allowance must be of an adequate standard and reflect community norms in the expected quality and adequacy of the meals intended to be covered by the allowance.

D.2 Ordinary hours of work

D.2.1 Ordinary hours of work for employees are 1872 hours each year. Planned duty hours will be rostered:

    (a) over 13 roster periods of 28 days of up to 144 duty hours plus reasonable additional hours;

    (b) over 12 roster periods of a calendar month of up to 156 duty hours plus reasonable additional hours;or

    (c) over a 14 day roster period up to 72 hours per fortnight plus reasonable additional hours.

D.2.2 Ordinary hours of work for employees include weekends and public holidays. If required by the employer,employees may be required to perform work in any pattern of hours,including work on weekends and public holidays.

D.3 Rostering

D.3.1 The employer must prepare a roster for the roster period for full-time and part-time employees showing sign-on and sign-off times,stand-by,duties,rostered days off,flight details,dates and ports of overnight stays.

D.3.2 The roster must be provided to employees at least seven days before the commencement of the roster period.

[D.3.3 substituted by PR993117 ppc 02Feb10]

D.3.3 The employer may reassign employees an alternative duty during the roster period for valid operational reasons only.

D.3.4 With the consent of the employer,employees may exchange duties,stand-by or rostered days off.

[D.3.5 substituted by PR993117 ppc 02Feb10]

D.3.5 A cabin crew member undertaking international flying is entitled to a 20 minute paid break which will be given within six hours after sign on except in the case of exceptional circumstances. Meal breaks can be taken in flight or at turn around but will not effect operations or service delivery. For every additional four hours of operating flight duty following the first six hours,the employee will be entitled to a further 20 minute paid meal break,the timing of which will take into account operational needs.

D.4 Rostered days off

D.4.1 Employees will be entitled to eight calendar days off at home base in each completed 28 day period.

D.4.2 Where an employee works on a calendar month roster the employee’s days off will be a minimum of nine days off in every month.

[D.4.3 substituted by PR993117 ppc 02Feb10]

D.4.3 The employer may contact employees on a rostered day off and request employees to work. The employee may refuse to work if to do so would be unreasonable having regard to:

    (a) any risk to employee health and safety;or

    (b) the employee’s personal circumstances including any genuine family or carer’s responsibilities.

D.4.4 The employer may contact employees on a rostered day off and request employees to work

D.4.5 The employer may call employees in to undertake duty as required.

[D.4.6 inserted by PR993117 ppc 02Feb10]

D.4.6 Where an employee is assigned to a duty that commences on a rostered day off in accordance with clause D.4.3,a substitute day off will be assigned on an agreed day with the employee. If agreement on a substitute day cannot be reached the substitute day will be assigned in the next roster period.

D.5 Duty limitations and rest periods

D.5.1 For all international flying the following duty period limitations will apply:

    (a) Duty time is calculated from the sign-on time for that duty.

    (b) The maximum duty time will be:

    Duty type

    Planned duty hours

    Unplanned duty hours

    Non-flying duty

    10

    N/A

    Standby (standby credits do not count towards duty limitations)

    12

    N/A

    Only operating—more than one sector

    14

    20

    Only operating—one sector

    18

    20

    Operating (must not exceed 14 hours) followed by deadhead

    18

    20

    Deadhead followed by operating

    14

    20

    Deadhead followed by non-flying duty followed by deadhead

    14

    20

    Only deadhead

    24

    26

D.5.2 Rest periods

    (a) A rest period is calculated from the sign-off time of any duty.

    (b) The minimum planned rest period after a duty will be:

    Duty

    Planned rest hours

    Unplanned hours

    0 to 14 hours

    12

    10

    14 hours 1 min to 17 hours

    equal to duty hours

    12

    17 hours 1 min to 24 hours

    20

    17

D.6 Overtime

D.6.1 Overtime for international flying will be paid as follows:

    (a) For all time worked in excess of 1872 hours in a year,the cabin crew member will be paid a penalty of 100% additional to the employee’s base hourly rate,pro rated for time less than a complete hour.

    (b) For all time worked in excess of the cabin crew member’s roster cycle maximum as specified in clauses D.2.1(a),(b) or (c) as applicable,the cabin crew member will paid a penalty of 100% additional to the employee’s base hourly rate,pro rated for time less than a complete hour.

    (c) Where unplanned extensions exceed the daily limit,the affected cabin crew member may agree to a further extension. Agreement will also include agreement on an appropriate payment. Such agreement will be made in accordance with clause 8Facilitative provisions of the award.

[D.6.1(d) inserted by PR584068 ppc 22Aug16]

    (d) Providing time off instead of payment for overtime in accordance with clause 24.4.

D.7 Reserve

D.7.1 Any period in a roster that is not assigned as a duty period,rest period,or rostered day off may be assigned as a reserve duty either at roster build or during the roster period.

D.7.2 A reserve duty may be at an airport,home or other location.

D.7.3 If employees are on reserve duty (other than an airport stand-by) employees must be contactable and ready to perform duties within 90 minutes of contact. This time limit may be extended in particular circumstances and employees will be advised of any such extensions.

D.7.4 Employees may be released from reserve duties at any time.

[D.7.5 varied by PR994422 from 01Jan10]

D.7.5 Where the employee has not been assigned a duty before the employee’s standby period commencing and the employee is subsequently called in,the hours elapsed during the planned standby period will be credited on a 1:4 basis up to the sign-on for the duty. Such credited hours will count towards the roster period hourly total,but will not be included in any duty period limitation for the purposes of clause D.5.1.

    Example of how the reserve period ratio in this clause works:

    If an employee is rostered to commence reserve duty at home at 0900 hours,and they are called in to work to sign-on at 1100 hours,with respect of the two hours elapsed on standby the employee will be credited with 30 minutes towards the roster period hourly total (and zero minutes for the purposes of duty period limitation calculations).

D.7.6 Where reserve duty occurs at an airport,all elapsed hours spent on reserve before the allocation of a flying duty will be credited towards the roster period hourly total but not to duty period limitations.

Schedule E—2016 Part-day Public Holidays

[Sched E inserted by PR532630 ppc 23Nov12;renamed and varied by PR544519 ppc 21Nov13;renamed and varied by PR557581,PR573679,PR580863 ppc 31May16]

This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.

E.1 Where a part-day public holiday is declared or prescribed between 7.00 pm and midnight on Christmas Eve (24 December 2016) or New Year’s Eve (31 December 2016) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

    (a) All employees will have the right to refuse to work on the part-day public holiday if the request to work is not reasonable or the refusal is reasonable as provided for in the NES.

    (b) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight but as a result of exercising their right under the NES does not work,they will be paid their ordinary rate of pay for such hours not worked.

    (c) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight but as a result of being on annual leave does not work,they will be taken not to be on annual leave between those hours of 7.00 pm and midnight that they would have usually been rostered to work and will be paid their ordinary rate of pay for such hours.

    (d) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight,but as a result of having a rostered day off (RDO) provided under this award,does not work,the employee will be taken to be on a public holiday for such hours and paid their ordinary rate of pay for those hours.

    (e) Excluding annualised salaried employees to whom clause E.1(f) applies,where an employee works any hours between 7.00 pm and midnight they will be entitled to the appropriate public holiday penalty rate (if any) in this award for those hours worked.

    (f) Where an employee is paid an annualised salary under the provisions of this award and is entitled under this award to time off in lieu or additional annual leave for work on a public holiday,they will be entitled to time off in lieu or pro-rata annual leave equivalent to the time worked between 7.00 pm and midnight.

    (g) An employee not rostered to work between 7.00 pm and midnight,other than an employee who has exercised their right in accordance with clause E.1(a),will not be entitled to another day off,another day’s pay or another day of annual leave as a result of the part-day public holiday.

This schedule is not intended to detract from or supplement the NES.

This schedule is an interim provision and subject to further review.

Schedule F—Agreement to Take Annual Leave in Advance

[Sched F inserted by PR582954 ppc 29Jul16]

Link to PDF copy of Agreement to Take Annual Leave in Advance.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:

The amount of leave to be taken in advance is:____ hours/days

The leave in advance will commence on:___/___/20___

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

[If the employee is under 18 years of age - include:]

I agree that:

if,on termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement,then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

Schedule G—Agreement to Cash Out Annual Leave

[Sched G inserted by PR582954 ppc 29Jul16]

Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:

The amount of leave to be cashed out is:____ hours/days

The payment to be made to the employee for the leave is:$_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)

The payment will be made to the employee on:___/___/20___

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

Schedule H—Agreement for Time Off Instead of Payment for Overtime

[Sched H inserted by PR584068 ppc 22Aug16]

Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:

Date and time overtime started:___/___/20___ ____ am/pm

Date and time overtime ended:___/___/20___ ____ am/pm

Amount of overtime worked:_______ hours and ______ minutes

The employer and employee further agree that,if requested by the employee at any time,the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

About this document
(1)
Code:
MA000047
Title:
Aircraft Cabin Crew Award 2010
Effective:
21 Jun 2017
Updated:
26 Jun 2017
Instrument Type:
Modern Award
(25)
Aircraft Cabin Crew Award 2010
Aircraft Cabin Crew Award 2010
Aircraft Cabin Crew Award 2010
Aircraft Cabin Crew Award 2010
Aircraft Cabin Crew Award 2010
Aircraft Cabin Crew Award 2010
Aircraft Cabin Crew Award 2010
Aircraft Cabin Crew Award 2010
Aircraft Cabin Crew Award 2010
Aircraft Cabin Crew Award 2010
Aircraft Cabin Crew Award 2010
Aircraft Cabin Crew Award 2010
Aircraft Cabin Crew Award 2010
Aircraft Cabin Crew Award 2010
Aircraft Cabin Crew Award 2010
Aircraft Cabin Crew Award 2010
Aircraft Cabin Crew Award 2010
Aircraft Cabin Crew Award 2010
Aircraft Cabin Crew Award 2010
Aircraft Cabin Crew Award 2010
Aircraft Cabin Crew Award 2010
Aircraft Cabin Crew Award 2010
Aircraft Cabin Crew Award 2010
Aircraft Cabin Crew Award 2010
Aircraft Cabin Crew Award 2010
Aircraft Cabin Crew Award 2010
(8)
(1)
2 Sep 2016
(25)
1.0.10.0