AT765517 - Airline Operations - Flight Attendants’ Long Haul - Qantas Airways Limited - Award 2000 [Transitional]
24.1 Flying Line Holders
24.1.1 If a Flying Line Holder is qualified to fly a pattern which has been awarded or assigned to him or her and, through no fault of his or her own, loses time from the pattern, he or she must receive projected duty hour credits in accordance with 24.2.
24.1.2 The number of duty hour credits a Flying Line Holder loses from a pattern and to which he or she is entitled to protection will be known as the pay protected hours for that occasion.
24.1.3 If a pay protected flying line holder during a particular bid period has more than one pay protected occasion at any given time the Company may treat each occasion as a separate pay protected occasion or may combine two or more occasions and treat them as one occasion.
24.2 Pay protected hours - Flying Line Holders
24.2.1 The number of pay protected hours to which a Flying Line Holder is entitled will be determined in accordance with this clause.
24.2.2 No conflict between patterns
24.2.2(a) When the loss is not due to a conflict between patterns the duty hour credits the Flying Line Holder accrues for the pattern flown will be subtracted from the duty hour credits value of the pattern when it was awarded or assigned and the remainder will be pay protected hours.
24.2.2(b) The provisions of this clause will apply if:
24.2.2(c) The provisions of this clause will not apply if the duty hour credits planned in the original pattern are greater than the duty hour credits accrued by the Flying Line Holder as a result of a fast flight. In this case he or she must receive the duty hour credits of the planned pattern and will not be considered pay protected.
24.2.3 Conflict between patterns due to assignment and/or standby duty
When the Flying Line Holder's assigned pattern including the minimum base turnaround time associated with the pattern conflicts with his or her next awarded or assigned pattern the Company will remove the infringed pattern and the duty hour credits the Flying Line Holder accrues for the pattern causing such removal will be subtracted from the duty hour credits value of the infringed pattern when it was awarded or assigned and the remainder will be pay protected hours. When the conflicting patterns commence in different bid periods any duty hour credits accrued in the new bid period will be subtracted from the duty hour credits value of the infringed pattern when it was awarded or assigned and the remainder will be pay protected hours. The provisions of this subclause will apply if:
24.2.3(a) The pattern resulted from an awarded or assigned Standby Duty.
24.2.3(b) The pattern was assigned whilst the flight attendant was a Reserve Line Holder.
24.2.3(c) The pattern was assigned to offset assignable time available hours and the assigned pattern conflicts with a pattern or patterns in his or her next flying line.
24.2.3(d) The pattern was assigned to the Flight Attendant as the most junior flying line holder who was available.
24.2.4 Conflicts between patterns due to downline disruptions
24.2.4(a) When a Flying Line Holder's pattern is disrupted down line and the pattern including the minimum base turnaround time associated with that pattern conflicts with the flight attendant's next awarded or assigned pattern(s) the Company will remove the infringed pattern(s) and the duty hour credits the Flying Line Holder accrues for the pattern causing the removal must be subtracted from the duty hour credits value of the patterns when awarded or assigned and the remainder will be pay protected hours.
24.2.4(b) When the disrupted pattern was assigned or awarded to offset pay protected hours the duty hour credits the Flying Line Holder accrues for such pattern will offset and diminish the Flying Line Holder's pay protection in accordance with provisions of this subclause and any duty hour credits remaining from the disrupted pattern must be subtracted from the duty hour credits value of the infringed pattern when it was awarded or assigned and the difference will be pay protected.
24.2.4(c) When the conflicting patterns commence in different bid periods any duty hour credits accrued in the new bid period must be subtracted from the duty hour credits value of the infringed pattern when it was awarded or assigned and the remainder will be pay protected hours.
24.2.5 Overprojection
24.2.5(a) When a Flying Line Holder flies a pattern resulting from an awarded or assigned Standby Duty and the Flying Line Holder relinquishes time his or her remaining projected duty hour credits must be subtracted from 193 duty hour credits and the remainder if any will be pay protected hours.
24.2.5(b) When a pattern is removed to remove overprojection above 200 duty hour credits, his or her remaining projected duty hour credits must be subtracted from 200 or if greater the duty hour credits to which he or she was projected prior to accruing this latest occasion of overprojection and the remainder if any will be pay protected hours.
24.2.5(c) Despite 24.2.5(a) and 24.2.5(b), if a flight attendant elects to remove overprojection, the accrued duty hour credit value of the pattern(s) removed must be subtracted from the flight attendant's projected line value and the difference between that new total and 193 duty hour credits, if any, will be pattern limited pay protected hours.
24.2.6 When a Flying Line Holder loses time from his or her awarded pattern as a result of personal illness and he or she is entitled to sick leave, he or she will be pay protected for the duty hour credit value of each pattern as planned in his or her flying line when he/she was awarded the flying line.
24.2.7 When a Flying Line Holder loses time from a pattern after commencing that pattern, as a result of personal illness the duty hour credits accrued for the pattern must be subtracted from the planned duty hour credits of the pattern as planned and he or she will be pay protected for the remainder.
24.2.8 If a flying line holder loses time from an awarded or assigned pattern of Open Time due to his or her personal illness, he or she will not be entitled to pay protection for the open time pattern but will be entitled to pay protection specified in 24.1.1.
24.2.9 When a Flying Line holder is granted approved leave after bid lines have been awarded and, because of such leave, is unable to fly his or her planned pattern(s), he or she will be pay protected for the planned duty hour credits of the pattern(s).
24.2.10 A Flying Line Holder held out of service by the Company for lack of proficiency or failure to meet or fulfil a recognised responsibility will not be pay protected for the pattern(s) or portions of a pattern lost.
24.2.11 A Flying Line Holder held out of service by the Company for investigation into an aircraft or passenger accident or incident, and to whom no negligence is attributable, will be pay protected in accordance with this subclause. If negligence is found he or she will not be pay protected.
24.2.12 Pay protected hours which have not been offset in his or her bid period will be used in the calculation of pay and bid period limitations for that bid period.
24.2.13 If a pay protected Flying Line Holder performs a duty which was awarded as a result of his or her acceptance of an offer, the duty hour credits accrued for any duty must offset and diminish the pay protected hours to which he or she is entitled on a one hour for one hour basis. If the duty does not fully offset all of his or her pay protected hours, the Flying Line Holder may bid for, or the Company may offer, further duty up to the time his or her pay protection is offset completely or the Flying Line Holder rejects the remaining pay protection or the Flying Line Holder's period of availability ends.
24.2.14 If a pay protected Flying Line Holder declines to accept an offer of duty the Company may assign the Flying Line Holder to that duty or other duty.
24.2.15 A pay protected Flying Line Holder who has accepted an assignment and who afterwards accepts or is assigned to additional duty or open time flying will not have any remaining pay protected hours of the pay protected occasion which was the subject of an assignment offset or diminished by such later award or assignment.
24.2.16 A flight attendant who is a Reserve Line Holder will accrue duty hour credits for patterns and/or duties performed but will not be entitled to pay protection. When a Flying Line Holder becomes a Reserve Line Holder for a portion of a bid period he or she will retain any pay protected hours accrued during his or her period as a Flying Line Holder.
24.2.17 If a pay protected Flying Line Holder declines to accept an offer of Open Time or other duty the Company may assign the Flying Line Holder to such Open Time or such other duty. Such assignments will be made as follows:
24.2.17(a) The Flying Holder may be assigned to only one pattern or one other duty for each pay protected occasion. The Company will inform the Flying Line Holder which pay protected occasion is being offset.
24.2.17(b) In the circumstances where the flying line holder in a particular bid period has more than one pay protected occasion at any given time, the Company will select and designate the pay protected occasion or occasions it desires to offset with each such assignment regardless of the order in which the pay protected occasions occur and will inform the Flying Line Holder of the pay protected occasion or occasions which produced the pay hours and the number of pay protected hours remaining for that occasion. The making of such assignment will in no way affect the Company's right to make assignments with respect to prior or subsequent pay protected occasions.
24.2.17(c) Open Time, Standby Duty and any pattern resulting therefrom or other duty assigned to a pay protected Flying Line Holder may be of more or less duty hour credits than the pay protected hours but will not project the Flying Line Holder to exceed 193 duty hour credits or the duty hour credits to which he/she is protected at that time whichever is the greater.
24.2.17(d) The Flying Line Holder may decline to accept the assigned pattern or other duty and by so doing will lose all the remaining pay protected hours for that occasion as the Company has determined.
24.2.17(e) If the Flying Line Holder accepts the assignment the duty hour credits accrued for the assigned pattern, Standby Duty and any pattern resulting therefrom or other duty will offset and diminish the pay protected hours to which he/she is entitled for that occasion on a one for one basis.
24.2.17(f) If the Flying Line Holder accepts an assignment and the duty hour credits accrued from the assigned pattern, Standby Duty and any pattern resulting therefrom or other duty do not fully offset all the remaining pay protected hours for that occasion, the pay protected hours remaining for that occasion will become fixed and will be credited to the Flying Line Holder and will not be subject to any later offset.
24.3 Types of Pay Protection
24.3.1 Normal offsettable pay protection
When a flying line holder is informed by the Company that he or she is entitled to pay protection in accordance with 24.2, he or she must be available for duty until the end of his or her bid period or until his or her pay protection ceases. This requirement will apply in cases where:
24.3.1(a) the pattern is disrupted down line, except as provided in 24.3.3(c);
24.3.1(b) the pattern is cancelled;
24.3.1(c) the pattern is changed;
24.3.1(d) the flying line holder is held out of service due to an aircraft or passenger accident or incident and no negligence is attributable to the flying line holder;
24.3.1(e) the flight attendant is on annual leave or long service leave;
24.3.1(f) the flight attendant is unavailable due to personal illness;
24.3.1(g) the flight attendant operates a pattern or performs a duty resulting from an awarded or assigned stand by duty except stand by duty assigned under 20.1.3;
24.3.1(h) the pattern or duty is assigned to the flight attendant while a reserve line holder;
24.3.1(i) the flight attendant relinquishes time or the Company removes time under 24.2.5;
24.3.1(j) the pattern was assigned to offset assignable time available hours and the assigned pattern conflicts with a pattern or patterns in his/her next flying line.
24.3.1(k) the pattern is operated with a different aircraft type on which the flight attendant is not qualified.
In the case of 24.3.1(d) the flight attendant will not be required to offset pay protected hours for patterns or portions of patterns during the period he or she was withheld from a service. The pay protected hours will become fixed.
24.3.2 Pattern limited pay protection
When a flying line holder is informed by the Company that he or she is entitled to pay protection in accordance with 24.2, he or she must be available for duty until the planned completion of the pattern(s) or a proportion of the pattern from which he or she is removed or until his or her pay protection obligation ceases, which ever comes first. This requirement will apply in cases where:
24.3.2(a) a flight attendant is removed for training through no fault of the flight attendant;
24.3.2(b) a flight attendant is not qualified through no fault of the flight attendant;
24.3.2(c) the flying line holder is displaced from his or her pattern by the Company except where his or her pattern is to be flown by a reserve line holder or by a management or training and development flight attendant for other than training or checking purposes. If a Flying Line Holder is allocated to a Standby Duty and is subsequently assigned to a pattern, the Company must undertake to return him or her to his or her base within the period of the pattern from which he or she was displaced.
24.3.3 Fixed pay protection
A Flying Line Holder who becomes entitled to pay protection in accordance with 24.2 must not be required to offset pay protected hours where:
24.3.3(a) The Flying Line Holder loses time as a result of being assigned an Open Time pattern or a Stand By duty where he/she is assigned a pattern as the most junior Flying Line Holder in that category who is available or the most junior out of category Flying Line Holder who is available.
24.3.3(b) the Flying Line Holder loses time because he or she was displaced from his or her pattern by the Company for a Reserve Line Holder or by Management or Training and Development flight attendant not performing training or checking duties;
24.3.3(c) the Flying Line Holder loses time because his or her pattern was disrupted downline and he or she has accrued for that pattern duty hour credits to the value of no less than 85% of the duty hour credits value of the pattern as known at the time of departure from his or her base. This provision does not apply in cases where the disruption was caused by a flight attendant's own sickness or non-availability;
24.3.3(d) the Flying Line Holder loses time because he or she was displaced for a flight attendant who required additional training having failed to maintain the required standard or demonstrated a below standard performance;
24.3.3(e) the pay protection arising out of X or Y pattern changes is one hour or less.
24.3.4 Multi-offsettable pay protection
When a pay protected Flying Line Holder fails to meet his or her contact obligations and as a result of this failure, the Company is unable to offer/assign the Flying Line Holder a pay protection offset, the Flying Line Holder will remain subject to multiple offset obligations for a period not exceeding 112 days, exclusive of any leave, commencing on the day after the day or days on which the failure to meet his or her contact obligation occurs.
24.3.5 Failure to confirm duty or meet responsibility
24.3.5(a) A Flying Line Holder who fails to confirm duty or who fails to meet or fulfil a recognised responsibility will be removed from that pattern or duty or his or her next pattern or duty respectively and duty hour credits or minimum guaranteed hours will not accrue during his or her unavailability.
24.3.5(b) If this would cause the Flying Line Holder's projected duty hour credits for the bid period to fall below 149 duty hour credits he or she will become assignable time available to the Company until such time as the performance of a duty allocated by the Company projects him or her beyond 149 duty hour credits.
24.4 Reserve line holders
24.4.1 A Reserve Line Holder who is not available during his or her periods of availability or who fails to meet or fulfil a recognised responsibility will be removed from the reserve line and duty hour credits or minimum guaranteed hours will not accrue during his or her unavailability.
24.4.2 In such case, the Reserve Line Holder's minimum guaranteed hours for the bid period will be reduced in accordance with the formula of 149 duty hour credits divided by 56 for each day he or she is removed from the reserve line.
24.5 Duty hour credits determined in accordance with 22.5 will first be given for the purpose of offsetting pay protection.
