N3320

Dec 885/96 S Print N3320

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Industrial Relations Act 1988

organisation coverage

Australian and International Pilots Association

and

Australian Federation of Air Pilots

(D No. 30005 of 1996)

Australian Municipal, Administrative, Clerical and Services Union

(successor to the Australian Municipal, Transport, Energy, Water, Ports, Community

and Information Services Union)

(D No.s 30066 of 1992 and 30010 of 1993)

Australian and International Pilots Association

(formerly the Australian International Pilots' Association)

(D No. 20011 of 1992)

VICE PRESIDENT McINTYRE SYDNEY, 16 JULY 1996

Organisational coverage - pilots

DECISION

These matters all relate to the organisational coverage of air pilots.

D No. 30005 of 1996

On 24 May 1996 a Full Bench made the following orders (Print N1780):

"A. The Commission pursuant to s.118A(1)(a), (b) and (c) of the Act, orders:

(a) the Australian and International Pilots Association (AIPA) shall have the right to represent under the Act the industrial interests of all persons who are normally employed as pilots on airline services within or extending beyond the Commonwealth of Australia operated by any of:

(i) Ansett Australia Limited or Mayne Nickless Limited trading as Ipec Aviation (IPEC);

(ii) any successor assignee or transmittee (whether immediate or not) to or of any of the business of Ansett Australia Limited or IPEC including a corporation that has acquired or taken over or acquires or takes over the business or part of the business of Ansett Australia Limited or IPEC, in relation to that business or part of that business; and

(iii) any employer not included in the preceding sub-paragraphs (i) or (ii) who is or becomes successor assignee or transmittee (whether immediate or not) to or of any of the business of any of Ansett Transport Industries (Operations) Pty Limited (ATI), East West Airlines (Operations) Pty Limited (EWA) or IPEC including a corporation that has acquired or taken over or acquires or takes over the business or part of the business of any of ATI, EWA or IPEC, in relation to that business or part of that business.

(b) AIPA shall have the right to the exclusion of the Australian Federation of Air Pilots (AFAP) to represent under the Act the industrial interests of all persons who are normally employed as pilots on airline services within or extending beyond the Commonwealth of Australia operated by any of:

(i) Ansett Australia Limited or IPEC;

(iii) any employer not included in the preceding sub-paragraphs (i) or (ii) who is or becomes a successor assignee or transmittee (whether immediate or not) to or of any of the business of any of ATI, EWA or IPEC including a corporation that has acquired or taken over or acquires or takes over the business or part of the business of any of ATI, EWA or IPEC, in relation to that business or part of that business.

(c) AFAP shall not have the right to represent under the Act the industrial interests of all persons who are normally employed as pilots on airline services within or extending beyond the Commonwealth of Australia operated by any of:

(i) Ansett Australia Limited or IPEC;

B. The Commission, in accordance with sub-section 118A(5) of the Act, refers the orders in A above to a designated Presidential Member.

C. These orders come into operation on 13 February 1996 and remain in effect for a period of one year."

Order B of the orders made on 24 May 1996 referred the orders in A to a designated Presidential Member. This reference is before me in my capacity as a designated Presidential Member.

Section 118A(6) of the Industrial Relations Act 1988 (the Act) provides:

"Where a matter is referred to a designated Presidential Member under subsection (5), the Presidential Member must, after giving each organisation concerned an opportunity, as prescribed, to be heard, determine such alterations (if any) of the rules of any organisation concerned as are, in the Presidential Member's opinion, necessary to reflect the Commission's order."

The reference was listed before me on 10 July 1996. Mr A Macken, solicitor, appeared for the Australian and International Pilots Association (AIPA) and Mr T O'Connell for the Australian Federation of Air Pilots (the AFAP).

Mr Macken sought that I determine alterations to the rules of AIPA and the AFAP as follows:

Rules of AIPA

In Rule 4 - Eligibility for Membership - by substituting for the second paragraph (beginning "Nothing in this rule..." and concluding "...control of East West Airlines") the following words which shall constitute a second paragraph:

"All persons who are normally employed as pilots on airline services within or extending beyond the Commonwealth of Australia operated by any of:

(i) Ansett Australia Limited or Mayne Nickless Limited trading as Ipec Aviation (IPEC);

(iii) any employer not included in the preceding sub-paragraphs (i) or (ii) who is or becomes a successor assignee or transmittee (whether immediate or not) to or of any of the business of any of Ansett Transport Industries (Operations) Pty Ltd (ATI), East West Airlines (Operations) Pty Ltd (EWA) or Mayne Nickless Limited trading as Ipec Aviation (IPEC) including a corporation that has acquired or taken over or acquires or takes over the business or part of the business of any of ATI, EWA or IPEC, in relation to that business or part of that business

shall be eligible for membership in the Organisation."

Rules of the AFAP

By amending sub-rule 1. - Qualification - of Rule 2 - Membership - by substituting in paragraph (a) for the following words in parenthesis:

"(not being a person normally employed as a pilot on regular public transport airline services extending beyond the Commonwealth of Australia operated by an Australian airline principally engaged in providing international regular public transport airline services and not being a person normally employed as an air pilot by Ansett Transport Industries (Operations) Pty Limited, Qantas Airways Limited, Australian Airlines Limited, East West Airlines (Operations) Pty Ltd or Mayne Nickless Limited (trading as Ipec Aviation))"

the following words in parenthesis:

"(not being a person normally employed as a pilot on regular public transport airline services extending beyond the Commonwealth of Australia operated by an Australian airline principally engaged in providing international regular public transport airline services and not being a person normally employed as a pilot on airline services within or extending beyond the Commonwealth of Australia operated by any of:

(i) Ansett Australia Limited or Mayne Nickless Limited trading as Ipec Aviation ("IPEC");

(iii) any employer not included in the preceding sub-paragraphs (i) or (ii) who is or becomes a successor assignee or transmittee (whether immediate or not) to or of any of the business of any of Ansett Transport Industries (Operations) Pty Limited ("ATI"), East West Airlines (Operations) Pty Ltd ("EWA") or Mayne Nickless Limited trading as Ipec Aviation ("IPEC") including a corporation that has acquired or taken over or acquires or takes over the business or part of the business of any of ATI, EWA or IPEC, in relation to that business or part of that business)".

Mr O'Connell did not oppose these alterations to the rules of AIPA and the AFAP. Correspondence before me showed that there was no opposition to these alterations by the Australian Municipal, Administrative, Clerical and Services Union (ASU), Australian Airline Flight Engineers' Association, The Association of Professional Engineers, Scientists and Managers, Australia, Ansett Australia Limited, Qantas Airways Limited or Mayne Nickless Limited trading as IPEC Aviation.

I therefore determine, pursuant to Section 118A(6), that the rules of AIPA and the rules of the AFAP be altered in the manner set out above.

Pursuant to Section 118A(7) of the Act, the alterations will take effect today. Therefore, on and from today, the eligibility rules of AIPA shall be as set out in Annexure "A" to this decision and the eligibility rules of the AFAP shall be as set out in Annexure "B" to this decision.

D Nos. 30066 of 1992 and 30010 of 1993

The ASU, the applicant in these matters, advised me in writing that it withdraws these applications. No opposition was raised to this course. I therefore refuse my consent to the alteration sought without consideration of the merits of the applications.

D No. 20011 of 1992

AIPA, the applicant in this matter, requested at the hearing on 10 July 1996 that this application be dismissed without determination of the merits. No opposition was raised to this course. I accordingly refuse my consent to the alteration sought without consideration of the merits of the application.

BY THE COMMISSION:

VICE PRESIDENT

Industrial unions - union coverage - further to order Print N1780 previously made, AIPA and AFAP sought alteration of rules relating to organisational coverage of air pilots - not opposed by other unions - eligibility rules altered accordingly.

Printed by Authority by the Commonwealth Government Printer

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