Illegal Practices in Australian Aviation.
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Illegal Practices in Australian Aviation.
One often reads allegations in PPRuNe Dunnunda Forums of pilot employees who are purportedly:
• Engaged as “Contractors”;
• Required to sign “Agreements” or “Contracts” which purport to deny certain employee’s rights and entitlements;
• Required to attend work on a full time unpaid basis but paid an hourly rate whilst flying;
• Not paid in accordance with a relevant Award;
• Required to “sign away” legislative rights to Workcover or employer funded Superannuation;
• Required to understate or otherwise amend recorded flight and/or duty times in either Pilot Log Books or aircraft Maintenance Releases;
• Required to overload or otherwise operate aircraft in an unlawful or unsafe manner;
• And a myriad of other terms, conditions and practices which may not be in accordance with Australian law.
A common myth relates to “contract pilots”. One definition of a “contractor” is:
A contractor is a person who contracts to perform (specific) work for another person or organisation, but is not employed by that person or organisation. An independent contractor undertakes to produce a given result, the agreed payment becoming payable when the contractual conditions have been fulfilled. In principle, an independent contractor may decide how to perform a task, although in practice, the extent of control exercised by the party for whom work is being done may be substantial. (My bolding of salient points.)
With the possible exception of ferry pilots not conducting flying operations under an Australian AOC, I seriously doubt any pilot engaged in commercial flying operations in Australia, authorized by an AOC, could ever be found legally to be a “contractor pilot” in any form.
We invite those employed in the Australian aviation industry and who believe they are not being remunerated in accordance with the relevant Award, or not provided workcover or employer funded superannuation in accordance with legislation, or directed to operate aircraft in an unsafe or illegal manner, to contact Woomera either by PM or email to [email protected].
If there is reasonable grounds and evidence provided in the initial PM or email, we may seek additional documents by fax or scanned email attachment to substantiate the allegations.
All names, personal details and documents provided will remain strictly and totally confidential. Contact may be anonymously, however substantive proof will be required before any details are posted in PPRuNe.
Once adequate and conclusive proof has been provided, aviation operators may be listed in PPRuNe in one of two categories:
1. Those operators which fully comply with CASA and Australian Industrial Relations legislation.
2. Those operators which do not comply with their obligations and if appropriate, the verified nature of their non compliance.
This thread will remain locked as unsubstantiated allegations are not to be posted to PPRuNe. All communication should, in the first instance, be by way of PM or email to Woomera.
Woomera
• Engaged as “Contractors”;
• Required to sign “Agreements” or “Contracts” which purport to deny certain employee’s rights and entitlements;
• Required to attend work on a full time unpaid basis but paid an hourly rate whilst flying;
• Not paid in accordance with a relevant Award;
• Required to “sign away” legislative rights to Workcover or employer funded Superannuation;
• Required to understate or otherwise amend recorded flight and/or duty times in either Pilot Log Books or aircraft Maintenance Releases;
• Required to overload or otherwise operate aircraft in an unlawful or unsafe manner;
• And a myriad of other terms, conditions and practices which may not be in accordance with Australian law.
A common myth relates to “contract pilots”. One definition of a “contractor” is:
A contractor is a person who contracts to perform (specific) work for another person or organisation, but is not employed by that person or organisation. An independent contractor undertakes to produce a given result, the agreed payment becoming payable when the contractual conditions have been fulfilled. In principle, an independent contractor may decide how to perform a task, although in practice, the extent of control exercised by the party for whom work is being done may be substantial. (My bolding of salient points.)
With the possible exception of ferry pilots not conducting flying operations under an Australian AOC, I seriously doubt any pilot engaged in commercial flying operations in Australia, authorized by an AOC, could ever be found legally to be a “contractor pilot” in any form.
We invite those employed in the Australian aviation industry and who believe they are not being remunerated in accordance with the relevant Award, or not provided workcover or employer funded superannuation in accordance with legislation, or directed to operate aircraft in an unsafe or illegal manner, to contact Woomera either by PM or email to [email protected].
If there is reasonable grounds and evidence provided in the initial PM or email, we may seek additional documents by fax or scanned email attachment to substantiate the allegations.
All names, personal details and documents provided will remain strictly and totally confidential. Contact may be anonymously, however substantive proof will be required before any details are posted in PPRuNe.
Once adequate and conclusive proof has been provided, aviation operators may be listed in PPRuNe in one of two categories:
1. Those operators which fully comply with CASA and Australian Industrial Relations legislation.
2. Those operators which do not comply with their obligations and if appropriate, the verified nature of their non compliance.
This thread will remain locked as unsubstantiated allegations are not to be posted to PPRuNe. All communication should, in the first instance, be by way of PM or email to Woomera.
Woomera
Last edited by Woomera; 13th Jul 2005 at 02:07.
