Virgin Australia. Long Haul International Cabin Crew Agreement

Transcription

1 Virgin Australia Long Haul International Cabin Crew Agreement 2011

2 CONTENTS Agreement, Objectives and Application 1. Title 5 2. Parties 5 3. Application 5 4. Duration 6 5. Renegotiation 6 6. Implement and Review 6 7. No Extra Claims 6 8. Virgin Australia Consultative Council 6 9. Consultation 7 Operational Provisions 10. Definitions Employment Types Full Time Employee Part Time Employee Casual Employee Probation Employment Flexibility Conditions of Employment Training and Induction Reporting Duties Preferential Bidding System Hours of Work Rosters Contact Virgin Australia Long Haul International Cabin Crew Agreement Final.docx 1

3 25. Fatigue Risk Management System and Crew Scheduling Provisions Designated Days Off Flight Duty Period Limits Rest Away From Home Base Rest At Home Base Rest After Duty Exceeding 20 Hours Hotel Standby Home Standby Displacement 18 Remuneration 34. Salary What Your Salary Covers Payment Of Salary Superannuation Daily Overtime and Special Payments Additional Hourly Pay Salary Sacrifice Reimbursement Of Claims 22 Home Base, Car Parking and Overnight Arrangements 42. Home Base Car Parking Accommodation, Transport and Meals Cancelled Accommodation Allowance Overnight Meal and Incidental Allowances 24 Other Allowances 47. Ad Hoc Trainer Allowance Higher Duties Allowance Virgin Australia Long Haul International Cabin Crew Agreement Final.docx 2.

4 Leave 49. Leave Policies and Procedures Annual Leave Personal/Carer s Leave Mid Duty Illness Unpaid Carer s Leave Compassionate Leave URTI Leave Long Service Leave Parental Leave Leave Without Pay Unauthorised Absence Jury Service Continuity of Service and Leave Accruals National Employment Standards 30 Regulatory Matters 63. CASA Regulations ASIC Passports and Visas First Aid Training 31 Health and Safety 67. Safety At Work Health and Fitness Workers Compensation 32 Performance 70. Performance Management & Disciplinary Action Serious and Wilful Misconduct Promotion and Transfer Opportunities Virgin Australia Long Haul International Cabin Crew Agreement Final.docx 3.

5 73. Virgin Australia Group Career Opportunities 35 Dispute Resolution Process 74. Process Role of FWA or Agreed Third Party Right of Representation Costs Continuation of Work 36 Other Provisions 79. Policies and Procedures Staff Travel Uniforms Anti-Discrimination Internment Aircraft Accident Insurance Travel Insurance Insurance Cover In War Like Circumstances Indemnity Stand Down Leaving Virgin Australia Redundancy FAAA Delegates Rights 40 Signatories Schedule A Definitions Virgin Australia Long Haul International Cabin Crew Agreement Final.docx 4.

6 AGREEMENT OBJECTIVES AND APPLICATION 1. TITLE This agreement shall be known as the Virgin Australia Long Haul International Cabin Crew Agreement 2011 (Agreement). 2. PARTIES The parties to this Agreement are: Virgin Australia International Airlines Pty Ltd (ACN ) (Virgin Australia); and The following employees of Virgin Australia principally engaged in long haul international flying: (i) (ii) (iii) Cabin Crew; Cabin Leaders; and Flight Managers. 3. APPLICATION (collectively referred to as Team Members). 3.1 This Agreement applies to Virgin Australia and the Team Members and, following approval by Fair Work Australia, the Flight Attendants Association of Australia International Division (FAAA). 3.2 This Agreement is a comprehensive agreement and replaces and excludes all other agreements and awards that might otherwise apply to Team Members covered by the Agreement. 3.3 This Agreement contains the complete statement of mutual rights and obligations as between Virgin Australia and the Team Members to the exclusion, to the full extent permitted by law: of all other awards, agreements or other like instruments (Other Industrial Instruments) including those: (i) (ii) which might be in force and bind any organisation party to such Other Industrial Instruments; and/or which might otherwise apply to the parties to this Agreement and/or the work which is being carried on in respect of the business of Virgin Australia; save only for such terms and conditions applicable by reason of the contracts of employment between Virgin Australia and the Team Members which are not inconsistent with this Agreement. 3.4 It is the intention of the parties that this Agreement will operate consistently with clause 3.3 above Virgin Australia Long Haul International Cabin Crew Agreement Final.docx 5.

7 3.5 This Agreement is stand-alone and has been developed by the parties to reflect and accommodate the specific circumstances of Virgin Australia. 3.6 To avoid doubt, this Agreement does not apply to Cabin Crew Management within Virgin Australia. 3.7 This Agreement does not exclude State laws dealing with Occupational Health and Safety, Workers Compensation or Anti-Discrimination. 4. DURATION This Agreement commences operation at the beginning of the first 28 day roster cycle following approval from Fair Work Australia. The nominal term of this Agreement will expire 3 years from that date. 5. RENEGOTIATION 5.1 The parties agree to commence negotiations for a replacement agreement at least 4 months before the nominal expiry date of the Agreement. 5.2 The negotiations will include any bargaining representatives nominated by the Team Members at the time the negotiations are due to commence. 5.3 Team Members nominated to participate in negotiations shall be released from duties to attend negotiations. 6. IMPLEMENTATION AND REVIEW Virgin Australia representatives, 2 delegates and bargaining representatives involved in the negotiation of this Agreement shall meet to oversee the implementation and application of this Agreement. This group shall meet as required but at least every 3 months to deal with such issues and any other matters that arise from time to time. 7. NO EXTRA CLAIMS 7.1 The parties agree that this Agreement satisfies all claims of the parties against each other. 7.2 It is a term of this Agreement that the parties will not support or advance any other or extra claims against each other for so long as this Agreement remains within its nominal term. 7.3 It is also a term of this Agreement that the parties will not engage in any industrial action in support of or for the purpose of advancing any other or extra claims against each other for so long as this Agreement remains within its nominal term. 8. VIRGIN AUSTRALIA CONSULTATIVE COUNCIL 8.1 The parties will establish the Virgin Australia Cabin Crew Consultative Council (VACC Council) within 3 months of commencement of this Agreement. 8.2 The VACC Council will be comprised of no less than 3 Team Members (cabin crew, cabin leaders or flight managers) unless otherwise agreed and no more than 3 management representatives. 8.3 The Team Member representatives will be by nomination and where necessary election Virgin Australia Long Haul International Cabin Crew Agreement Final.docx 6.

8 8.4 An election will occur when nominations for Team Member representatives exceed the number of vacant positions. 8.5 The ballot to elect Team Member representative(s) will be facilitated by Virgin Australia and be conducted by the Australian Electoral Commission or Elections Australia. 8.6 A Team Member representative s term on the VACC Council shall end when this Agreement ends, irrespective of the Team Member s commencement on the Council. 8.7 The VACC Council will be a formal mechanism to facilitate general communication and consultation with the Team Member group about: (c) (d) (e) matters relating to this Agreement; standards of accommodation, having regard to those matters set out in the accommodation clause of this Agreement; allowance reviews in accordance with this Agreement; proposed changes to the FRMS and Crew Scheduling Provisions; health and safety concerns. 8.8 The VACC Council will meet at least quarterly or when workplace change is proposed and consultation with the VACC Council is required. This provision is subject to the operational requirements of the business and the parties agree the VACC Council shall not meet more than once a month, save for exceptional circumstances. 8.9 Team Member representatives on the VACC Council who are not on approved leave shall be rostered to attend all meetings of the VACC Council In circumstances where the VACC Council is scheduled to be convened and the elected representative Team Member(s) is on approved leave, the Team Member(s) may exercise the option to attend such meetings on the proviso that approved leave is re-credited If the majority of Team Member representatives are unavailable to meet, the VACC Council meeting shall be rescheduled to meet within one month unless otherwise agreed between the VACC Council and Virgin Australia The normal costs associated with a Team Member representative carrying out the functions of the VACC Council shall be met by Virgin Australia, such as travel, accommodation and meal allowances when meetings are not held in a Team Member s home base. 9. CONSULTATION 9.1 For the purpose of this Agreement, consultation: is aimed at getting individuals or groups to suggest or respond to proposals being considered by Virgin Australia for implementation, without at the same time giving up management s right to make the final decision on these matters. provides VACC Council with the opportunity to be consulted on Virgin Australia s decision making process on key matters where consultation is sought or requested Virgin Australia Long Haul International Cabin Crew Agreement Final.docx 7.

9 (c) (d) provides an opportunity to present a point of view or state an objection on key matters; and involves the timely exchange of relevant information so the parties have an actual and genuine opportunity to influence the outcome before a final decision is made by Virgin Australia. 9.2 Virgin Australia will not be obliged to disclose confidential information during the consultative process. 9.3 In circumstances where Virgin Australia is considering major workplace change which may affect Team Members, Virgin Australia agrees to notify the FAAA at the time of considering major workplace changes and prior to a decision being made. 9.4 Virgin Australia will consult with affected Team Members and, at the Team Members election, their nominated representatives, over any proposed changes that are considered a major workplace change. 9.5 Nominated representative under this clause may include a representative of the FAAA or such other person as determined by the Team Member. 9.6 The process of consultation will include: (c) (d) (e) The timely provision of all relevant information, including details of the change, the likely effects on Team Members, the reasons for the proposed change and, where relevant, a proposed implementation date; Discussion on measures to avert or mitigate any adverse effects on Team Members; Provision of reasonable resources, including work time, for Team Members to fully participate in the consultation process; Genuine consideration of Team Members and, at the Team Members election, their nominated representatives suggestions, ideas and contributions; and Genuine opportunity for Team Members, and at the Team Members election, their representatives, to affect the outcome. 9.7 As soon as a final decision has been made, Virgin Australia must notify the affected Team Members in writing and explain the effects of the decision. Where requested by the Team Member/s, Virgin Australia will notify the FAAA in writing to explain the effects of the decision. 9.8 This notification in writing must include details about the proposed change and an implementation date. The implementation date will not be earlier than 5 working days from the date of notification, unless safety concerns or operational requirements demand otherwise. 9.9 If, however, at the conclusion of this consultative process a Team Member (or a group of Team Members) has a concern about the matter/s that were the subject of consultation, they or at their election, their representative/s, have 5 days in which to raise a concern via the Disputes Settlement Process. To avoid doubt, a concern about the matter/s that were the subject of consultation includes a concern not only about the way in which consultation was Virgin Australia Long Haul International Cabin Crew Agreement Final.docx 8.

10 carried out but a concern about the decision by Virgin Australia following the consultative process Virgin Australia, Team Members and representatives, must act in good faith in relation to the consultation process provided in this clause While consultation is taking place, the parties will respect the status quo unless otherwise agreed In this clause: Good faith includes obligations to meet, disclose relevant information, genuinely consider proposals, respond with reasons for the proposed decisions, and to refrain from capricious or unfair conduct that undermines consultation; A major change is likely to have a significant effect on Team Members if it results in: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) a major change to the composition, operation or size of the Employer s workforce or to the skills required of Team Members; the elimination or diminution of job opportunities (including opportunities for promotion or tenure); the alteration of hours of work defined by this Agreement; the need to retrain Team Members; the need to relocate Team Members to another workplace; the restructuring of jobs and or implementation of redundancies; changes to the legal or operational structure of Virgin Australia or its business; or a change in routes or route structure the effect of which is that Team Members are no longer principally engaged in long haul international flying. OPERATIONAL PROVISIONS 10. DEFINITIONS Definitions are contained in Schedule A of this Agreement. 11. EMPLOYMENT TYPES 11.1 You may be employed on a full-time, part-time or casual basis or on a permanent, fixed term or fixed task basis You and Virgin Australia may agree at any time to change your employment type (e.g. from full-time to part-time or visa versa) however Virgin Australia cannot unilaterally vary your contract of employment Virgin Australia Long Haul International Cabin Crew Agreement Final.docx 9.

11 12. FULL TIME EMPLOYEE 12.1 A full time Team Member is engaged on a permanent basis and be rostered a maximum of 140 ordinary hours per 28 day roster cycle. 13. PART TIME EMPLOYEE 13.1 A part time Team Member is engaged on a permanent basis to work on the same terms and conditions as a full time Team Member, unless otherwise specified in this Agreement A part time Team Member will: (c) (d) be paid a minimum of 50% of the full time equivalent salary under this Agreement and will be rostered to work no more than 13 days in a 28 day roster period; and have 9 DDO s rostered in accordance with Designated Days Off clause of this Agreement; and will be rostered a minimum of 6 Optional Days Where a part time Team Member: works in excess of 70 hours in a roster period, the Team Member shall be paid their normal hourly rate of pay for each hour worked; is rostered Optional Days, they may elect to work, but cannot be directed to work. Hours worked will not count toward your maximum hours in a roster period Part time Team Member s entitlements under this Agreement shall be on a pro rata basis Where Virgin Australia introduces part time roles it will call for expressions of interest from internal full time Virgin Australia Team Members covered by this Agreement. 14. CASUAL EMPLOYEE 14.1 A casual Team Member: is engaged on a casual basis and paid by the hour for each hour worked plus a 25 % loading; and (c) is not engaged on a permanent basis; and will be paid for a minimum period of 4 hours work on each engagement The hourly rate shall be based on the casual Team Member s classification under this Agreement The 25% loading is in lieu of entitlements to leave and other matters from which the casual employee is excluded by the terms of this Agreement and the National Employment Standard under the Act Virgin Australia Long Haul International Cabin Crew Agreement Final.docx 10.

12 14.4 A casual Team Member will be offered a permanent role if the Team Member has: (c) undertaken regular and systematic engagements consistently over a 12 month period, and a permanent role is available; and the Team Member has the requisite skills, experience and performance for the role During the life of the Agreement, Virgin Australia agrees to limit the number of casual Team Members engaged under this Agreement to a maximum of 5% of the total workforce covered by this Agreement. 15. PROBATION 15.1 If you are a new Team Member your employment at Virgin Australia will be subject to a six month probationary period (including initial Cabin Crew training) You or Virgin Australia may terminate your employment at any time during the probationary period by giving two week s notice or payment in lieu of notice (or a combination of both) If you have transferred your employment to Virgin Australia from another company in the Virgin Australia Group of Airlines, your employment at Virgin Australia is not subject to a probationary period except in the following circumstances: you have been employed for less than 6 months by a company within the Virgin Australia Group before transferring to Virgin Australia. If that happens, then your probationary period at Virgin Australia will be the difference between what you served at the other Virgin Australia Group company and 6 months; or if your new role within Virgin Australia is different to your previous role in the Virgin Australia Group of Airlines (Virgin Australia Group), in which case your employment will be subject to the 6 month probationary period unless otherwise agreed between you and Virgin Australia. 16. EMPLOYMENT FLEXIBILITY 16.1 Virgin Australia is committed to providing flexibility in its employment arrangements. Virgin Australia recognises that flexibility in this context is essential to cater for individual circumstances (e.g. family responsibilities and work life balance) and operational needs To help achieve this flexibility, Virgin Australia and an individual Team Member may agree on an Individual Flexibility Agreement (IFA) which alters or amends any of the provision of this Agreement, so long as the arrangement: (c) (d) is genuinely agreed to by the Team Member and Virgin Australia, without coercion or duress; and results in the Team Member being better off overall than the Team Member would have been if no IFA was entered into; and can be cancelled with no more than 28 days written notice by either party; and is otherwise in accordance with the Act Virgin Australia Long Haul International Cabin Crew Agreement Final.docx 11.

13 17. CONDITIONS OF EMPLOYMENT 17.1 Your employment at Virgin Australia is subject to the conditions set out below: (c) (d) (e) (f) (g) (h) Satisfactory completion by you of an initial training course at a time and place specified by us; Satisfactory completion by you of recurrent line proficiency/competency checks and associated examinations including any re-examination; You holding a current First Aid Certificate and Responsible Service of Alcohol certificate; If requested by us, receipt of written confirmation from a suitably qualified medical practitioner (who may be nominated by us) that you have not tested positive to drugs or alcohol in a pre or post employment drug and alcohol test; You being issued with and continuing to hold a valid Aviation Security Identification Card issued by us; You holding a valid passport; You holding applicable visas that enable you to enter each port into which Virgin Australia and its related entities fly at any time; and If you are unable to comply with any of these requirements you accept that your employment with Virgin Australia may be terminated in accordance with the terms of this Agreement. 18. TRAINING AND INDUCTION 18.1 Virgin Australia will provide you with training and induction. Training may be undertaken by other Team Members of Virgin Australia, the Virgin Australia Group and/or by external training providers Your ongoing employment is conditional upon you satisfactorily completing all training required. If you feel you need further training to carry out your role you are to request this from your Leader Training directed by Virgin Australia will not be rostered at the conclusion of a Tour of Duty. 19. REPORTING 19.1 Information about which position you will report to at Virgin Australia will be outlined in your offer of employment or as directed from time to time. For ease of reference, that position is referred to as your Leader throughout this Agreement We may change your Leader and the reporting structure at Virgin Australia at any time and we will discuss this with you in advance. Where you have concerns with you reporting line, you can request a review in accordance with the Dispute Resolution Process Virgin Australia Long Haul International Cabin Crew Agreement Final.docx 12.

14 20. DUTIES 20.1 You are required to perform the duties of a Team Member under this Agreement and meet the standards of performance and conduct that are communicated to you from time to time. Without limiting these obligations, you are required to: (c) (d) (e) (f) (g) (h) (i) (j) (k) Perform such duties that are reasonably required of the role of a Team Member; Exercise reasonable skill and care in performing your duties; Commit your efforts to furthering the interests of Virgin Australia and the Virgin Australia Group of Airlines; Comply with all lawful directions and instructions given or issued to you by us; Cooperate with Virgin Australia management in relation to any issues concerning your employment; Make yourself available during rostered hours and outside minimum rest periods to discuss any employment related issues with management; Act honestly and in accordance with Virgin Australia s and the Virgin Australia Group s values and standards of behaviour and conduct; Conduct yourself in a professional and responsible manner whilst engaged in any activity connected with work; Take all reasonable steps to protect our property and not damage, steal or otherwise deal with our property in a manner which is inconsistent with this obligation; and Comply with all legislation and regulations that are relevant to your role; Comply with all Virgin Australia and Virgin Australia Group policies and procedures relevant to your role and your contract of employment We also must act in a way consistent with the above We may require you to perform duties for our related entities More information about the duties and responsibilities specific to your role will be made available to you when you commence employment and thereafter, as required during your employment. 21. PREFERENTIAL BIDDING SYSTEM 21.1 Virgin Australia will implement a preferential bidding system within 6 months following the commencement of this Agreement Virgin Australia will consult with the VACC Council about the implementation of the preferential bidding system and the bidding options to be provided by it The parties acknowledge that the deadline set out above is subject to potential delays by the vendor (beyond the control of Virgin Australia). Should any delay occur, Virgin Australia will work with the vendor to ensure implementation as soon as possible. As soon as Virgin Virgin Australia Long Haul International Cabin Crew Agreement Final.docx 13.

15 Australia becomes aware of any delay it will provide Team Members with an explanation for such delay and a plan and timetable for implementation. 22. HOURS OF WORK 22.1 Virgin Australia operates in a 24 hours, 7 days a week industry. You must be ready, willing and able to work within a 24/7 roster, including night and day operations on any day or combination of days, including Saturdays, Sundays and Public Holidays A full time Team Member will be rostered a maximum of 140 ordinary hours per 28 day roster cycle. Each full time Team Member will be rostered to an average of 135 hours per 28 day roster equating to 1755 hours over 13 roster periods Full time Team Members can be directed to work up to 5 hours of reasonable additional overtime in addition to their maximum ordinary hours per 28 day roster cycle A full time Team Member can elect to work more than the rostered ordinary hours, overtime and duty hours maximums by instruction to Virgin Australia A part time Team Member will be rostered in accordance with clause 13 of this Agreement and can elect to work more than the maximum number of duty days by instruction to Virgin Australia Part time Team Members can be directed to work up to 2.5 hours of reasonable additional overtime in addition to their maximum ordinary hours per 28 day roster cycle Changes to rosters of those Team Members who do not elect to exceed their maximum hours will be driven by genuine operational requirements and will, wherever possible, follow consultation by Virgin Australia with the relevant Team Member. Consultation means a discussion between the Team Member and Virgin Australia about the circumstances and preferences of the Team Member with genuine regard given to both parties needs If you work on any Designated Day Off or an Optional Day the resulting hours will not count towards the rostered period maximum ordinary hours. 23. ROSTERS 23.1 Virgin Australia currently operates a 28 day roster period. Rosters for the following roster period will be published at least seven days prior to the commencement of the roster period Virgin Australia may implement a 56 day roster period during the life of this Agreement and will consult with the VACC Council before doing so If a 56 day roster is implemented, rosters for the following roster period will be published at least ten days prior to the commencement of the roster period If a 56 day roster is implemented, hours of work, operational provisions and entitlements under this agreement shall be adjusted commensurate with the change in the roster length Each roster period will specify the Team Member s DDO, other duty days (e.g. open days or reserve days), flight periods with sign on/sign off times, stand by periods, ground duties, other courses, any leave periods and any other relevant matter Rosters will be available electronically on the Virgin Australia intranet Virgin Australia Long Haul International Cabin Crew Agreement Final.docx 14.

16 23.7 Team Members may swap rostered duties with another Team Member with Virgin Australia s approval however Team Members who swap rostered duties waive the duty free periods surrounding days off, and/or reduce home based rest to 10 hours to enable the desired exchange subject to the FRMS Swaps of rostered duties must be like for like in duration such that Team Members continue to have the requisite number of Designated Days Off under this Agreement. Proposed swaps of rostered duties that will result in a Team Member having less that the required Designated Days Off must be approved by Virgin Australia The parties agree it is important that Team Members have adequate rest and Designated Days Off under this Agreement. 24. CONTACT 24.1 You must provide us with a telephone number (preferably a mobile number) at which you will be contactable in order to fulfil your obligations under this Agreement You are not required to be contactable during a Designated Day Off unless you nominate otherwise You must also provide us with your next of kin in the event of emergencies and you are required to keep these details up to date You will not be contacted unnecessarily during a rest period unless you have agreed otherwise with your Leader or unless there is an emergency. 25. FATIGUE RISK MANAGEMENT SYSTEM AND CREW SCHEDULING PROVISIONS 25.1 The Virgin Australia Fatigue Risk Management System (FRMS) and Crew Scheduling Provisions (CSPs) (as in force from time to time) apply to Team Members employment under this Agreement Changes to the FRMS or CSPs (insofar as they relate to Team Members) can only be made following prior consultation with the VACC Council and, at their election, their representative/s and approval by CASA Components of the FRMS structure include: The FRMS Governance Committee which has oversight of the overall program, makes determination on any changes relating to the maintenance and continued progress of the FRMS and is empowered to make changes to the CSPs. Where required, this will be in consultation with CASA. Meetings of the FRMS Governance Committee are minuted and available to Team Members on the intranet. Where the FRMS Governance Committee does not accept a recommendation of CAST it will provide written notification and reasons for its decision; The roster pairing and review meeting which ensures operational feedback is communicated into roster development and network operations for the modification or review of crew schedules. Two Team Members (elected/nominated by the Team Member Group) will be rostered to attend pairing and review meetings; and Virgin Australia Long Haul International Cabin Crew Agreement Final.docx 15.

17 (c) The Crew Alertness Study Team (CAST) which reviews and monitors reports of fatigue or potential fatigue and reviews current rosters and lifestyle factors influencing crew alertness during duty. This team comprises Team Members, Cabin Crew and Safety Investigators, and jointly assesses and reviews fatigue reports and provides recommendations to the FRMS Governance Committee. Two Team Members (elected/nominated by the Team Member Group) will be rostered to attend CAST meetings The Consultation and Dispute Resolution Process shall apply in relation to this provision. 26. DESIGNATED DAYS OFF (DDO) 26.1 Full-time, part time and Team Members on flexible working arrangements are entitled to 9 Designated Days Off (DDO) per 28 day roster period at roster build During initial training, a cabin crew team member in training will be entitled to a minimum of 8 DDO s off per 28 day period No more than 3 DDO s in a roster period will be rostered as single days. This provision does not apply where a Team Member swaps rostered duties or days off Subject to clause 26.8 below relating to the reassignment of duties after personal leave, Virgin Australia will not change your rostered DDO without your agreement Although there may be occasions where you may be asked to work on a DDO, you are under no obligation to do so. When you accept work that is offered by the Company on a DDO, it will be changed on your roster to reflect it as a duty day Where you nominate to work on a DDO, are assigned work and work a duty on the DDO, you shall be paid your ordinary hourly rate for the hours worked. The hourly rate of pay will be calculated in accordance with your salary classification under this Agreement. Such hours worked shall not count toward roster period limits Where your scheduled duty extends beyond 23:59 and, into a DDO, you will be paid at the applicable hourly rate for time worked from midnight to sign off and where it extends at least 1 hour into your DDO you will be provided with a substitute DDO at a mutually agreed time in the current roster period or where agreement cannot be reached, an additional DDO will be assigned in the following roster period Where you are displaced from a rostered duty as a result of your accessing personal leave, you may be assigned other duties, including on a maximum of one DDO. Where the replacement duty requires you to work on a DDO, you will be assigned a substitute DDO and will not be entitled to payment for additional hours worked as set out in clause 26.6 above for work performed on this substitute DDO. Where you are entitled to a substitute day/s off, that day will be mutually agreed or failing mutual agreement, nominated by Virgin Australia in accordance with operational requirements Where you are reassigned a duty on a DDO under clause 26.8 above, normal duty hour credits will apply to work assigned on this day Virgin Australia Long Haul International Cabin Crew Agreement Final.docx 16.

18 27. FLIGHT DUTY PERIOD LIMITS 27.1 You can be rostered a maximum flight duty period of up to 18 hours and 25 minutes, to be extended to 20 hours and 25 minutes in disruption You can elect at any time to work greater than the maximum flight duty periods in clause 27.1 but cannot be directed to do so Where Team Members work in excess of the flight duty limits the daily overtime provisions in this Agreement shall apply Duty time is calculated from the sign on time to the sign off time for that duty. 28. REST AWAY FROM HOME BASE 28.1 When away from home base, your planned rest period will be at least as long as the preceding duty or 11 hours whichever is greater Where your planned rest is 11 hours, your actual rest may be reduced to no less than 10 hours in the event of disruption Subject to clause 28.4, where an international sector terminates in Australia but away from your home base, the rest period preceding any subsequent paxing sector to your home base will be a minimum of 10 hours Where you are directed or planned to rest in a hotel at the completion of a flight duty and prior to a subsequent paxing duty you may elect not to take this rest, cancel the accommodation in accordance with the Cancelled Accommodation clause in this Agreement and return to home base at the earliest possible time after returning from an overseas duty. Virgin Australia reserves the right to override your election to cancel the rest and accommodation and direct you to rest. 29. REST AT HOME BASE 29.1 Your planned rest at home base following: a single day duty, or following a ground or standby duty will be a minimum of 12 hours; or (c) a duty of 2-4 days will be 1 local night; or a duty of more than 4 days or where more than 20 block hours accrue within the pairing will be 2 local nights You may elect to reduce the minimum rest period at home base to less than 12 hours between ground and/or training duties At home base, you will not be required to sign-off and subsequently sign-on on the same calendar day unless you elect to do so Rest periods at home base may include DDO Virgin Australia Long Haul International Cabin Crew Agreement Final.docx 17.

19 29.5 Where you are not able to complete the minimum home base rest to which you are entitled before the planned report time of your next pattern or duty, the Company will remove you from the pattern or duty. An exception to this is where you advise the Company that you will fly the pattern or perform the duty to maintain your roster. 30. REST AFTER DUTY EXCEEDING 20 HOURS Following a duty with a flight duty period greater than 20 hours, your rest following the end of that duty will be at least 24 hours. You may elect to reduce this rest period in order to retain any subsequent duty. 31. HOTEL STANDBY Team Members called for duty during this period shall be ready for pick up within 45 minutes of contact. 32. HOME STANDBY Home standby will not exceed 12 hours. 33. DISPLACEMENT 33.1 Where you are displaced from duty, Virgin Australia shall advise you at the time of displacement or earliest possible time, of your standby period (if required), open day requirement or replacement duties for each day you have been displaced If you have reported for duty and you are no longer required, you can be reassigned a duty within your allowable Flight Duty Period or stood down and reassigned duty following minimum rest requirements Your original sign on time shall stand in circumstances where Virgin Australia has not attempted to notify you by SMS or phone call to your contact number or your hotel room or contact via hotel reception leaving a note under your door or contacted your Flight Manager or Captain prior to your planned sign on time or departure to the airport from your accommodation while up line. REMUNERATION 34. SALARY 34.1 From the first complete pay cycle after 1 July 2011, subject to Fair Work Australia approving this Agreement, the salary structure set out below will apply to Team Members covered by this Agreement The salary levels and classifications for Team Members under this Agreement are as follows: From the first full pay period on or after 1 July 2011, the annual salary for full time Cabin Crew Members will be: Virgin Australia Long Haul International Cabin Crew Agreement Final.docx 18.

20 Pre EBA Level New Level Annual Salary Hourly Rate CC1 40, CC1 CC2 41, CC2 CC3 42, CC3 CC4 44, CC4 CC5 45, CC5 CC6 49, CL1 CL1 56, CL2 57, CL2 CL3 59, FM1 FM1 67, FM2 69, FM2 FM3 71, From the first full pay period on or after 1 July 2012, the annual salary for full time Cabin Crew Members will be: Level Annual Salary Hourly Rate CC1 40, CC2 41, CC3 42, CC4 44, CC5 45, CC6 50, CL1 56, CL2 57, CL3 61, FM1 67, FM2 69, FM3 73, Virgin Australia Long Haul International Cabin Crew Agreement Final.docx 19.

21 (c) From the first full pay period on or after 1 July 2013, the annual salary for full time Cabin Crew Members will be: Level Annual Salary Hourly Rate CC1 40, CC2 41, CC3 42, CC4 44, CC5 45, CC6 52, CL1 56, CL2 57, CL3 63, FM1 67, FM2 69, FM3 75, The method of progression between classifications in this Agreement is as follows: Team Members engaged at the commencement of this Agreement shall progress to the next salary level within the Team Member s classification at the beginning of the first full pay period in July 2012 and each July thereafter. Team Members engaged after the commencement of this Agreement shall progress to the next salary level within the Team Member s classification on the anniversary of the Team Member s engagement under this Agreement If you are a part-time Team Member or employed on flexible work arrangements, you will be paid a pro-rata salary based on the full-time equivalent classification subject to the provisions of the Part Time clause under this Agreement. 35. WHAT YOUR SALARY COVERS 35.1 Your salary has been calculated to remunerate you for the following (irrespective of aircraft type): (c) (d) for all work, including all flying and non-flying work (for example, time spent performing ground duties, training, on standby and positioning); for working shiftwork, weekends and public holidays; and for all penalties, loadings and allowances; and for all other payments except for: (i) (ii) (iii) daily overtime payments; additional hourly pay; cancelled accommodation allowances; Virgin Australia Long Haul International Cabin Crew Agreement Final.docx 20.

22 (iv) (v) (vi) (vii) ad hoc trainers allowance; overnight meal and incidental allowances; higher duties allowance; and annual leave loading. 36. PAYMENT OF SALARY 36.1 Your remuneration, unless otherwise provided for in this Agreement will be paid fortnightly in arrears. Payment will be made electronically into your nominated bank account In the event of an overpayment of any part of your remuneration, you agree to cooperate with Virgin Australia to repay the monies as soon as possible, taking into account your personal capacity to repay Repayments can be deducted from your salary to satisfy the overpayment and if it has not been repaid when you leave Virgin Australia, it will be deducted from your final pay Virgin Australia will consult with you prior to deducting any overpayment from your salary and take into account your personal circumstances. Deductions shall be confirmed in writing by Virgin Australia to you prior to being implemented. 37. SUPERANNUATION 37.1 We will pay the required level of superannuation support under the Superannuation Guarantee (Administration) Act 1992 (Cth) (SGAA), to meet our obligations so as not to incur the Superannuation Guarantee Charge The current rate of superannuation contribution is 9% of your salary which we shall contribute to a complying superannuation fund of your choice (or absent your choice, into a default superannuation fund) in compliance with relevant Superannuation Guarantee Charge legislation. 38. DAILY OVERTIME & SPECIAL PAYMENTS 38.1 Daily overtime for work performed in the long haul international operations will be calculated and paid as follows: For daily hours worked in excess of 16 and up to 18, you will be paid an additional amount of 50% of your hourly rate for each hour worked, pro rated for time less than a complete hour ( time and a half ); For daily hours worked in excess of 18 and up to 20, you will be paid an additional amount of 100% of your hourly rate for each hour worked, pro rated for time less than a complete hour ( double time ); (c) Where you are rostered to work and undertake work greater than 18 hours up to 18 hours 25 minutes you will receive an additional fixed payment of $200; (d) For daily hours worked in excess of 20, you will be paid an additional amount of 200% of your hourly rate for each hour worked or part thereof ( triple time ) and you will receive an additional fixed payment of $ Virgin Australia Long Haul International Cabin Crew Agreement Final.docx 21.

23 38.2 Daily overtime for work performed in the domestic short haul operation will be calculated and paid as follows: For daily hours worked in domestic short haul operation in excess of 9 hours and 30 minutes, you will be paid an additional amount of 50% of your hourly rate for each hour worked, pro rated for time less than a complete hour ( time and a half ); For daily hours worked in domestic short haul operation in 9 hours and 45 minutes, you will be paid an additional amount of 100% of your hourly rate for each hour worked, pro rated for time less than a complete hour ( double time ). 39. ADDITIONAL HOURLY PAY Where you perform work in excess of 140 hours per 28 day roster, you will be paid at your ordinary hourly rate for each additional hour worked over and above your maximum rostered hours. For the purpose of this clause, your ordinary hourly rate is based on your classification under this Agreement. 40. SALARY SACRIFICE You may salary sacrifice part of your pre tax salary to the full extent permissible under relevant legislation. Any fringe benefits tax incurred by Virgin Australia as a result of the salary packaging arrangement will be met by you. 41. REIMBURSEMENT OF CLAIMS 41.1 Virgin Australia will reimburse you, upon production of receipts, for pre-approved reasonable costs incurred by you in the course of your employment. This includes mandatory medical costs, vaccinations (inc. those recommended by the Australian Government, the destination government or the World Health Organization), renewal of one passport, ASIC cards, visas. Virgin Australia will not reimburse you for replacement where these items are lost or damaged by you. HOME BASE, CAR PARKING AND OVERNIGHT ARRANGEMENTS 42. HOME BASE 42.1 You will be allocated a home base on the commencement of your employment with Virgin Australia If there is a need to change your home base (either permanently or temporarily), we will discuss that with you in advance Should an operational need arise that requires Virgin Australia to direct you to permanently transfer from your Home Base to another, Virgin Australia will call for volunteers in the first instance Where you request to transfer bases, all expenses associated with the transfer will be your responsibility Where you transfer from one home base to another at Virgin Australia s initiative, we will provide reimbursement of reasonable expenses incurred by you in the relocation of the following to your new home base: Virgin Australia Long Haul International Cabin Crew Agreement Final.docx 22.

24 (c) (d) (e) (f) reasonable personal effects, household goods and furniture; one car owned by you; storage of goods where required for up to 30 days; insurance for the removal and storage of the possessions noted in (c), Virgin Australia will not, however, be liable for any damage or repair to your possessions or any other costs or expenses; where you elect to use your own vehicle to travel to the new home base, you may claim reimbursement of reasonable expenses for fuel and accommodation. Virgin Australia will not, however, be liable for any damage or repair to your vehicle or any other costs or expenses. Virgin Australia will provide flights for your spouse and dependent children to your new base If your employment is terminated by Virgin Australia, for reasons other than serious misconduct, performance or conduct, within 9 months of the company initiated transfer, Virgin Australia will repatriate you to your original location if requested to do so within 14 days of the termination. 43. CAR PARKING Virgin Australia will provide a car park near the International Terminal in your home base or any other Australian city that Virgin Australia long haul international operation operates in and out of as a port of departure and arrival (i.e. where Virgin Australia aircraft fly into and out of). The car park will be provided to Team Member s who elect to have a car park and who drive to the airport to commence work. 44. ACCOMMODATION, TRANSPORT & MEALS 44.1 Virgin Australia will provide accommodation for Team Members who are required to layover away from home base for work related purposes Virgin Australia will provide transport for Team Members to/from the relevant airport and the Virgin Australia provided accommodation where Team Members are required to layover away from home base for work related purposes The standard of accommodation provided will be appropriate having regard to the need to provide Team Members with safe and comfortable rest The VACC Council shall have regard to the following in its consideration of accommodation under this Agreement: (c) (d) (e) 24 hour security; 24 hour hot food room service; Ability to control room temperature; Ability to control room light (block out curtains); and Fridge provided and safe in room Virgin Australia Long Haul International Cabin Crew Agreement Final.docx 23.

25 44.5 If you elect not to use Virgin Australia provided accommodation, you must remain contactable at all times and are responsible for your own transport to and from the airport to meet the required sign on times and you must remain contactable. 45. CANCELLED ACCOMMODATION ALLOWANCE 45.1 Virgin Australia will pay you a cancelled accommodation allowance of $60.00 in the following circumstances: (c) (d) you are required to layover away from home base for work related purposes; that layover will be in Australia; you advise Virgin Australia at least 36 hours in advance of your scheduled hotel check-in time that you do not intend to stay at the Virgin Australia provided accommodation; and you do not stay at the Virgin Australia provided accommodation The above allowance will be paid fortnightly in arrears. Payment will be made electronically into your nominated bank account Where you elect not to use Virgin Australia provided accommodation, you will be responsible for providing your own transport from and to the airport to meet the required sign-on times and remain contactable. 46. OVERNIGHT MEAL AND INCIDENTAL ALLOWANCES 46.1 You will be paid an allowance for overnight meal and incidental expenses where you are required to overnight away from home base for work related purposes Allowances will be calculated on the basis of the following meal windows at local port time: Allowance Breakfast Lunch Dinner Incidentals Time period hrs hrs hrs Per hour 46.3 You are only required to touch a meal window to receive the applicable allowance and not complete the whole meal timeframe International allowances are calculated from sign off to sign on at the relevant international port/s where Team Members layover for work related purposes From the first complete pay period after Team Members approve this Agreement, the international allowances will be: Virgin Australia Long Haul International Cabin Crew Agreement Final.docx 24.

26 Abu Dhabi Los Angeles Breakfast AED USD Lunch AED USD Dinner AED USD Incidentals per hour AED 3.67 USD hr equivalent AED USD The amount of the international allowances (local currency) will be increased by 3% on 1 July 2012 and 1 July The parties will review the amount of the international allowances (via the VACC Council) if there is a change in crew hotel and/or Virgin Australia and Team Members fly to a new international port Domestic allowances are calculated from sign off to sign on where Team Members are required to layover away from home base in an Australian port From the first complete pay period after Team Members approve this Agreement, the domestic rate for overnight allowances and incidentals is: $ (AUD) across a 24 hour period in accordance with the following meal windows: Meal Value Breakfast $23.65 Lunch $26.55 Dinner $45.60 Incidentals $17.30 (.72c per hour) The amount of the domestic allowance will be reviewed consistent with the relevant Australian Taxation Office Ruling For work performed in the domestic short haul operation, where no international long haul sector is attached to the trip the domestic overnight meal and incidental allowance of $ shall apply where you are required to overnight at the direction of the Company. This allowance is reasonably expected to cover expenditure on meals and incidentals in the course of an overnight away from home base for domestic operation and not duties under long haul international operations There may be circumstances where Virgin Australia provides Team Members with actual meals in lieu of the above allowances Virgin Australia Long Haul International Cabin Crew Agreement Final.docx 25.