Qantas to join court battle over treatment of pilots’ standby duty after SA tribunal finding

The airline has weighed into a court battle being waged over the treatment of pilots’ standby duty, after a tribunal found it should be recognised as paid work.

Qantas is seeking to join a court appeal to fight a decision that ruled pilots’ standby duty should be recognised as work hours, and paid accordingly.

The South Australian Employment Tribunal made the ruling in April in a case brought by the Australian Federation of Air Pilots against Adelaide-based Corporate Air Charter.

The judgment by tribunal deputy president Stephen Lieschke said “rostered standby duty is a paid duty of employment, according to the terms of both the contract of employment and the award”.

As a result, Corporate Air Charter was ordered to pay pilot Nina Paluska $26,198.60 for previously unpaid rostered standby duty.

Analysis of the decision by law firm Norton White, said airlines should “review their rostering practices to ensure pilots’ hours of work, including standby, do not exceed an average of 38 hours a week”.

Standby duties for pilots generally mean they must remain within 60 minutes of their base airport, refrain from drinking alcohol, and be well-rested in the event they are called in to fly.

A Qantas pilot who spoke on the condition of anonymity said it was rare to be called in during standby duty, and it was generally viewed as a “day off”.

It’s understood Corporate Air Charter considered the ruling to be potentially devastating for their operation as well as other airlines, prompting the appeal to the Full Federal Court.

Qantas filed an interlocutory application on Wednesday, seeking to join the case because of concerns of the impact on pilot pay negotiations.

Although the ruling concerned the modern award, it was believed that unions could argue that pilots covered by enterprise agreements would need to have standby periods recognised as work hours as well.

Pilots are at the centre of a looming court battle over the treatment of standby duty.

The AFAP said the ruling gave important recognition to the 38-hour week in the Air Pilots Award, which entitled pilots to overtime at their normal hourly rate for each hour worked beyond 38 hours.

“The case establishes that employers cannot roster excessive standby without this being recognised and accounted for when determining a pilot’s salary” said AFAP senior legal and industrial officer Jared Marks.

It also acknowledged that standby was work pilots were entitled to be paid for, said Mr Marks, who confirmed the findings had implication for enterprise agreements.

“Many employers have long operated under the false assumption that standby or reserve time is unpaid or unrecognised under the award,” he said.

“This case run by the AFAP establishes that standby is work, and it needs to be recognised as such.”

He said the AFAP would maintain that the decision of the South Australian Employment Tribunal should be upheld by the Full Federal Court.

Virgin Australia, which recently signed off on 21 per cent pay rises for its pilots over three years, was also examining the decision and its implications for the airline.

The Qantas application to join the case, will be heard by Federal Court judge John Logan on Friday.

Corporate Air Charter’s appeal before the Full Federal Court is set down for November 19 and 20.

Originally published as Qantas to join court battle over treatment of pilots’ standby duty after SA tribunal finding