FWA brings an end to union’s exclusive deal with Qantas pilots

Following a Fair Work Commission ruling Qantas pilots will, for the first time in 40 years, get a choice in which union they join.

Qantas pilots will get to choose which union they join for the first time in 40 years following a Fair Work Commission ruling. Picture: Liam Kidston

An association formed 40 years ago to solely represent Qantas pilots has lost its battle with a rival union to retain its exclusivity.

The Australian and International Pilots Association appealed a decision by the Fair Work Commission allowing the Australian Federation of Air Pilots to enrol Qantas pilots as members.

The decision by FWC deputy president Tony Saunders found AIPA did not necessarily offer more effective representation than the AFAP, despite signing up more than 90 per cent of Qantas pilots.

“The AIPA has performed well in negotiating the terms of conditions of employment for Qantas pilots (which) are superior to those enjoyed by pilots in other Qantas operations and in other Australian airlines,” Mr Saunders noted.

“But the existence of such favourable terms and conditions of employment for Qantas pilots does not in my view establish that the AIPA is the better organisation.”

Mr Saunders went on to note that allowing pilots to become members of the AFAP would not dilute their collective power, or diminish the voice of employees in discussions with management.

“The collective power of the pilot cohort will remain strong and the voices of those pilots will remain authoritative and effective … even though union density will be spread between the AIPA, the AFAP and to a minor extent the Transport Workers Union,” he said.

AIPA argued Mr Saunders’ ruling was flawed, and “would have a significant impact on the industrial rights of more than 2000 employees in one of Australia’s most significant employers”.

Their appeal claimed he had not given sufficient weight to 17 exclusive rights of enterprise agreements that demonstrated AIPA offered more effective representation.

But the AFAP said its capacity to co-ordinate industrial strategy and bargaining across the whole industry, given its broader membership base, positioned the federation “to better represent Qantas pilots”.

The AFAP also argued that the “high union density of the AIPA at Qantas where it was the only active union to join was not automatic proof of its effectiveness and convenience”.

The full bench of the FWC found no grounds to uphold AIPA’s appeal against Deputy President Saunders’ ruling, and the appeal was dismissed.

AFAP executive director Simon Lutton welcomed the decision, saying it meant they could “once again cover all Australian professional pilots”.

Prior to the creation of AIPA in 1981, AFAP represented Qantas main line pilots, he said.

“(This decision) returns us to the same position as when the AFAP was created in 1938,” said Mr Lutton.

“We believe the AFAP is the best union for all Australian pilots because we’re the oldest, we’re the largest, we’ve got experience across all sections of the industry and we’ve got very engaged and skilled representatives.”

AIPA’s president Murray Butt and executive director Philip Van der Heever were not available for comment on the decision.

Both the AFAP and AIPA have been involved in high-profile industrial disputes, including the 1989 pilots’ strike and the 2011 Qantas grounding.

In the pilots’ strike, AFAP oversaw the mass resignation of 1640 Australian pilots from Ansett, East-West, Australian Airlines and Ipec, in their bid for a 29 per cent pay rise.

Many pilots took lucrative jobs with overseas carriers, forcing the federal government to bring in the Royal Australian Air Force to carry passengers between the major capitals.

In 2011, it was Qantas boss Alan Joyce who grounded the airline’s fleet and locked out workers including pilots and engineers, in an effort to end a deadlocked industrial dispute.

The move was successful with Fair Work Australia terminating industrial action and rejecting key union demands.