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Virgin Australia Long Haul International Cabin Crew Agreement 2016

Virgin Australia Long Haul International Cabin Crew Agreement 2016 1

CONTENTS

Part 1 – General

1. Title 6

2. Parties 6

3. Application 6

4. Duration 7

5. Renegotiation 7

6. No extra claims 7

7. Implementation and review 7

8. Definitions 8

Part 2 – Consultation

9. Facilitative provision 12

10. Virgin Australia Cabin Crew Consultative Council 12

11. Consultation 13

Part 3 - Employment relationship

12. Employment types 15

13. Full time employee 15

14. Part time employee 15

15. Casual employee 16

16. Probation 17

17. Employment flexibility 17

18. Conditions of employment 18

19. Training and induction 18

20. Reporting 19

21. Duties 19

22. Performance monitoring and online training 20

Virgin Australia Long Haul International Cabin Crew Agreement 2016 2.

23. Preferential bidding system 21

Part 4 – Operational Provisions

24. Hours of work 21

25. Rosters 21

26. Acknowledgments regarding roster stability 22

27. Ground Duties 22

28. Contacting crew 23

29. Fitness for duties 23

30. Fatigue Risk Management System 24

31. Designated Day Off 24

32. Sign On/ Sign Off times 25

33. Extension to Sign Off 26

34. Flight Duty Period limits – Long Haul International Flying 26

35. Flight Duty Period limits – all other flying 27

36. Emergency Flight Duty Period extensions 27

37. Extension of Flight Duty Period by rostered Split Duty 28

38. Time Free of Duty 28

39. Blank Day 30

40. Standby 40

41. Open Days 32

42. Crew complement 32

43. Mixed duties 32

44. Travelling time 33

45. Exchanges of Duty 33

46. Displacement 33

Part 5 – Remuneration

47. Backpay 34

48. Salary and classification levels 34


49. What your salary covers 37

50. Payment of salary 38

51. Superannuation 38

52. Daily overtime and special payments 39

53. Additional hourly pay 39

54. Salary sacrifice 39

55. Reimbursement of claims 40

Part 6 – Benefits and Allowances

56. Home Base 40

57. Accident pay 40

58. Car parking 41

59. Accommodation, transport and meals 41

60. Cancelled accommodation allowance 42

61. Overnight meal and incidental allowances 43

62. Ad Hoc Trainer allowance 46

63. Higher duties allowance 46

64. Public holiday recognition allowance 46

Part 7 – Leave

65. Leave policies and procedures 46

66. Annual leave 47

67. Personal/ carer’s leave 48

68. Mid duty illness 48

69. Unpaid carer’s leave 49

70. Compassionate leave 49

71. URTI leave 49

72. Long service leave 50

73. Parental leave 50


74. Special circumstances leave 51

75. Domestic and family violence leave 51

76. Leave without pay 52

77. Career break 52

78. Unauthorised absence 52

79. Jury service 52

80. Continuity of service and leave accruals 52

81. National Employment Standards 53

Part 8 - Regulatory Matters

82. CASA regulations 53

83. ASIC 53

84. Passports and visas 53

85. First aid training 53

Part 9 - Health and Safety

86. Safety at work 54

87. Health and fitness 54

Part 10 – Performance

88. Performance management and disciplinary action 54

89. Serious misconduct 56

90. Promotion and transfer opportunities 56

Part 11 - Dispute Resolution Process

91. Process 57

92. Role of the Fair Work Commission or agreed third party 58

Part 12 - Other Provisions

93. Policies and procedures 58

94. Staff travel 58

95. Uniforms 59

96. Anti-discrimination 59


97. Internment 59

98. Aircraft accident insurance 60

99. Travel insurance 60

100. Insurance cover in war like circumstances 60

101. Indemnity 60

102. Stand down 61

103. Leaving Virgin Australia 61

104. Redundancy 62

105. Delegates’ rights and leave 63

Signatories


PART 1 - GENERAL

1. TITLE

This agreement shall be known as the Virgin Australia Long Haul International Cabin Crew Agreement 2016 (Agreement).

2. PARTIES

2.1 The parties to this Agreement are:

(a) Virgin Australia Airlines Pty Ltd (ACN 090 670 965) (Virgin Australia ); and

(b) the Flight Attendants' Association of Australia, International Division (FAAA ) subject to an application being made by the FAAA in accordance with section 183 of the Act to be covered by the Agreement; and

(c) the Transport Workers’ Union of Australia (TWU ), subject to an application being made by the TWU in accordance with section 183 of the Act to be covered by the Agreement; and

(d) the following employees of Virgin Australia principally engaged in Long Haul International Flying:

(i) Cabin Crew;

(ii) Cabin Leaders; and

(iii) Flight Managers.

(collectively referred to as Team Members).

3. APPLICATION

3.1 This Agreement applies to Virgin Australia, and the Team Members undertaking flying covered by this Agreement.

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:

(a) which might be in force and bind any organisation party to such Other Industrial Instruments; and/or

(b) 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.

3.4 This Agreement is stand-alone and has been developed by the parties to reflect and accommodate the specific circumstances of Virgin Australia.

3.5 To avoid doubt, this Agreement does not apply to Cabin Crew Management within Virgin Australia.


3.6 This Agreement does not exclude State laws dealing with occupational health and safety, workers’ compensation or anti-discrimination.

4. DURATION

4.1 Subject to clause 4.2, this Agreement commences operation at the beginning of the first 28 day roster cycle occurring seven (7) days after approval by the FWC (Commencement Date).

4.2 The following provisions commence at the following times:

(a) Clause 14 – Part-time employee will commence on the second full Roster Period after the Commencement Date;

(b) Part 4 – Operational provisions will commence on the second full Roster Period after the Commencement Date; and

(c) Part 5 – Remuneration and the allowances in Part 6 – Benefits and Allowances commence from the first full pay period after the Commencement Date.

4.3 The nominal expiry date of this Agreement is four (4) years after the day on which the FWC approved the Agreement.

5. RENEGOTIATION

5.1 The parties agree to commence negotiations for a replacement agreement at least nine (9) 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 in accordance with the Act.

5.3 At least two (2) delegates from each Union will be released from duties to attend negotiations.

5.4 The parties will meet at least six (6) times within the nine (9) month period before the nominal expiry date of the Agreement.

6. NO EXTRA CLAIMS

6.1 The parties agree that this Agreement satisfies all claims of the parties against each other.

6.2 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.

6.3 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.

7. IMPLEMENTATION AND REVIEW

Virgin Australia representatives and two (2) workplace delegates from each Union involved in the negotiation of this Agreement shall meet to oversee the implementation and application of this Agreement. This group will be known as the “Agreement Implementation Committee” (AIC ), and will meet as required but at least every three (3)


months for the first 12 months of the Agreement (unless otherwise agreed) to deal with such issues and any other matters that arise from time to time that are relevant to the implementation of this Agreement. One official from each Union may attend an AIC meeting at the request of a workplace delegate.

8. DEFINITIONS

Act means the Fair Work Act 2009 (Cth) as amended or replaced from time to time.

Ad Hoc Trainer refers to a Team Member who is appointed by Virgin Australia to facilitate training programs as needed by Virgin Australia.

Agreement means this Virgin Australia Long Haul International Cabin Crew Agreement 2016.

Assigned or Assigned Duty means a Duty assigned after roster publication prior to being Notified.

Base means any place designated by Virgin Australia at which Team Members are required to be for the purpose of reporting for Ground Duty, commencing Standby duty or reporting for the commencement of Duty.

Blank Day means a day free of all Duty, but is not a DDO.

Block Hours or Block Time means a time which starts when the aircraft moves off chocks and stops when the aircraft is on chocks at the completion of the flight.

Cabin Crew means an employee performing cabin crew duties for Virgin Australia as set out in this Agreement.

Cabin Crew Trainee means a person undergoing initial Cabin Crew training and who is not yet cleared to line operations.

Cabin Leader means a person employed as a Cabin Leader (or equivalent) to lead and direct Cabin Crew and to perform the duties on an aircraft for each flight including working in and supervising economy class, business class and first class cabins as required, managing saleable amenities, performing Flight Manager functions in the absence of the Flight Manager and may undertake the necessary and relevant training for promotion to Flight Manager.

Calendar month means the period between 0000 hours on the first day of each calendar month and 2359 hours on the last day of the same calendar month.

Calendar year means the period between 0000 hours on 1 January and 2359 hours on 31 December of the same year.

Captain means a pilot employed to act in command of an aircraft for each flight.

Continuous Service means a period of employment with Virgin Australia Airlines Pty Ltd under an unbroken contract of employment including periods of approved paid leave.

Cumulative Duty is the progressive sum of Duty Periods.


Day means the 24 hour period between the local midnight and the subsequent local midnight.

Designated Day Off or DDO means a period free of all duties at Home Base (unless otherwise agreed between Virgin Australia and the Team Member), encompassing the hours between 2200 preceding and 0600 hours after such day, in which a Team Member may elect, but cannot be required, to work.

Displace or Displacement means where a Team Member is removed from, or is unable to perform, all or part of a Duty as Scheduled.

Disruption means a change in a Team Members rostered pattern of work which may be caused by, but not limited to, disruption caused by air traffic control, mechanical malfunction, medical emergency, weather, or industrial dispute.

Duty means any type of work performed as Cabin Crew and the period of time spent performing this work, including Flight Duty, Positioning, Ground Duties, meetings, training, Standby and work Assigned from Standby.

Duty Period or Duty Time means a continuous period which starts when a Team Member is required by Virgin Australia to Sign On for Duty until the Team Member is free of all Duty and/or has signed off at Home Base.

Duty Hour Credit means the credit projected or accrued to a Team Member for Duty Planned or performed by that Team Member for the purpose of Roster Period limitations and/or pay.

Exchange of Duty means an exchange of duties between two Team Members of the same rank.

FAAA means the Flight Attendants’ Association of Australia – International Division.

Fatigue means a physiological state of reduced mental or physical performance capability resulting from sleep loss or extended wakefulness and/or physical activity that can impair a Team Member’s alertness and ability to safely operate an aircraft or perform safety related duties.

Flight Manager means a person employed as a Flight Manager (or equivalent) to perform the duties on an aircraft for each flight as a Flight Manager which includes leading and managing a whole cabin and all Cabin Crew whilst in flight and away from Home Base, and acts as management representative for Cabin Crew whilst away from Home Base.

Flight Duty Period means any time which a Team Member operates in an aircraft as an Operating member of the Cabin Crew. It commences when the Team Member is required to report for flight duty or actually reports for flight duty (whichever is the later) and finishes not less than 30 minutes after the end of the Block Time of the final flight or at the designated Sign Off time (whichever is later).

FRMS means the Fatigue Risk Management System referred to in clause 30 of this Agreement.

FWC means the Fair Work Commission.


Ground Duty or Ground Duties means duty on the ground which is associated with the business of Virgin Australia and may include, but is not restricted to, training, training of others, seminars, and publicity work for Virgin Australia.

Home Base means the base at which a Team Member is permanently assigned or to which they have been temporarily assigned by agreement between Virgin Australia and the Team Member.

International Flight or International Flying means a flight which departs from an Australian state or territory and arrives in a port operated by another sovereign state or territory.

Layover means the period of time between when a Duty terminates at a port other than Home Base and then recommences at that port. A Layover commences at Sign Off and ends at Sign On for the next Duty.

Leader means a Team Member’s immediate Leader.

Local night means the period of time between 2200hours and 0600 hours local time.

Long Haul International Flying means International Flying with a Duty Time per Sector of eight (8) or more hours.

Mid Duty Illness is where a Team Member becomes unexpectedly unfit for duty either at Home Base or away from Home Base after Sign On but before completion of a Trip or a Duty.

Notified or Notified Duty means a Duty that has been Assigned by Virgin Australia and acknowledged by the Team Member.

Operating means performing duties associated with the safety and comfort of passengers in their carriage by aircraft.

Open Day is a day free from Rostered Duty until Virgin Australia assigns the Crew Member a Duty or Standby Period.

Optional Day means a day which is not a DDO or a day on which Duty has been Assigned, but is a day on which a part time employee may accept work but cannot be directed to work.

Ordinary Hours include rostered or completed Duty hours inclusive of flying duties, Positioning/(paxing), airport Standby duties, meetings, ground and on-line training, rostered Ground Duties and where a Team Member is subject to Operational Clearance (SOC). In addition, Ordinary Hours also include duty hours Assigned on an Open Day or Standby Day, and any Duty Hour Credits associated with personal leave, annual leave and long service leave.

Pairing means a sequence of flights which together form a Trip or Tour of Duty.

Parental leave has the same meaning as set out in the Act.

Planned Duty means duty known to the Crew Member and Virgin Australia prior to the Crew Member reporting for duty.

Positioning/ Paxing means transferring a Team Member between ports as a passenger in surface or air transport and shall count as Duty Time.


Proof of Absence means a medical certificate or another form of supporting documentation authorised by Virgin Australia.

Rest Period (Time Free of Duty) is time free from all Duty and will commence at the Sign Off time at the conclusion of a duty. It is also the period of time before starting a Flight Duty Period which is designed to give a Team Member adequate opportunity to rest before duty.

Roster Period means a nominated 28 day period or 56 day period.

Rostered or Rostered Duty means a duty or series of duty/Standby periods with stipulated start and finish times notified to a Team Member.

Scheduled Duty is a Notified, Rostered or Planned Duty or duties allocated to a Team Member.

Sector means a flight, consisting of a take-off and a landing. A flight that returns to a port for the purpose of resuming a flight on the same route, unscheduled technical stops and/or diversions are considered to be part of the original flight and not a separate Sector.

Sign Off means the time of completion of all duties.

Sign On means the actual reporting time for duty by Team Members.

Split Duty means a Duty Period or Flight Duty Period, which contains a period of rest (not in-flight) during which the Team Member is relieved of all duty.

Standby or Standby period means a period of time during which a Team Member is required to be available at short notice to undertake a duty. Standby does not accumulate Duty Time, except for Standby duties undertaken at the airport, however it is not Time Free of Duty. Standby may be at the airport, hotel or at home.

Suitable Resting Accommodation means an area which is environmentally conducive to rest, which contains a comfortable chair and at which the Team Member has access to sustenance at times appropriate to the flight duty requirements. Suitable Resting Accommodation may also include that which is onboard the aircraft.

Suitable Sleeping Accommodation means a room with (normal) single occupancy, with the use of a bed and a comfortable chair. The room is to be subject to minimum noise levels, with facilities to control light, be well ventilated and with air conditioning. The Team Member shall have access to sustenance at time appropriate to Flight Duty requirements.

Team Member refers to a person employed by Virgin Australia under this Agreement.

Time Where time is expressed in this Agreement it refers to local time, unless otherwise specified.

Time Free of Duty means a period of time during which a Team Member is free of all duty and standby associated with his or her employment.

Tour of Duty is the elapsed period between sign-on and sign-off at home base or base of temporary transfer.

Trip means the elapsed period between Sign On and Sign Off at Home Base comprising a sequence of flights which may constitute a single or multi-day Tour of Duty.


TWU means the Transport Workers’ Union of Australia.

Union means the Flight Attendants’ Association of Australia – International Division (FAAA ) or the Transport Workers’ Union of Australia (TWU ).

URTI means Upper Respiratory Tract Infection.

Virgin Australia means Virgin Australia Airlines Pty Ltd.

Virgin Australia Group means Virgin Australia Airlines Pty Ltd, Virgin Australia Holdings Ltd, Virgin Australia International Holdings Pty Ltd, Virgin Australia International Airlines Pty Ltd, Virgin Australia Airlines (NZ) Employment and Crewing Ltd, Virgin Australia Regional Airlines Pty Ltd and Virgin Tech Pty Ltd, and any Associated Entities (within the meaning of the Corporations Law) of these companies.

We means Virgin Australia.

You refers to a Team Member employed by Virgin Australia under this Agreement.

PART 2 - CONSULTATION

9. FACILITATIVE PROVISION

9.1 To meet unanticipated changes to flying destinations and schedules, Virgin Australia may, following agreement with the Unions, implement a special scheduling agreement which require arrangements which are not possible or exceed the limits outlined in this Agreement. The terms of the special scheduling agreement will be documented by Virgin Australia and promptly made available to Team Members.

9.2 For the avoidance of doubt, nothing in this clause affects or prevents Virgin Australia from reviewing or altering operating schedules in accordance with the provisions of this Agreement and any applicable FRMS.

10. VIRGIN AUSTRALIA CABIN CREW CONSULTATIVE COUNCIL

10.1 The Virgin Australia Cabin Crew Consultative Council (VACC Council) will be comprised of no less than three (3) Team Members (Cabin Crew, Cabin Leaders or Flight Managers) (Team Member Representatives) unless otherwise agreed and no more than three (3) management representatives made up of the following:

(a) one (1) delegate nominated from each Union; and

(b) an elected Team Member Representative from each permanent Cabin Crew Base voted from Cabin Crew at that Base.

10.2 The Team Member Representatives will be by nomination and where necessary election, and will be comprised of at least one Team Member from each long haul base existing at the time of the nomination and/or election.

10.3 An election will occur when nominations for Team Member representatives exceed the number of vacant positions.

10.4 The ballot to elect Team Member representative(s) will be facilitated by Virgin Australia and be conducted by an external election facilitator. A Team Member Representative’s term


on the VACC Council will be for a maximum of 24 months. Should a Team Member Representative vacancy arise during a 24 month term, a replacement Team Member Representative will be appointed for the remainder of the term by nomination and where necessary election.

10.5 The VACC Council will be a formal mechanism to facilitate general communication and consultation with the Team Member group about, but not limited to, the following matters:

(a) matters relating to this Agreement;

(b) standards of accommodation, having regard to those matters set out in the accommodation clause of this Agreement;

(c) measures to support increased roster stability and improvements in rostering systems;

(d) proposed changes to the FRMS;

(e) health and safety concerns, not dealt with via workplace health and safety processes.

10.6 The VACC Council will meet at least quarterly (in person unless otherwise agreed) or when major workplace change in accordance with clause 11 – Consultation 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 will not meet more than once a month, save for exceptional circumstances.

10.7 Team Member Representatives on the VACC Council who are not on approved leave shall be rostered to attend all meetings of the VACC Council. A Team Member Representative may appoint a proxy Team Member to attend a VACC meeting in their stead.

10.8 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.

10.9 If one of the Team Member representatives is unavailable to meet or if a process to fill a vacant position is underway, the VACC Council meeting will proceed with the remaining available representatives. If the majority of Team Member representatives are unavailable to meet or if more than one position is vacant, the VACC Council meeting will be rescheduled to meet within one (1) month unless otherwise agreed between the VACC Council and Virgin Australia.

10.10 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.

10.11 One (1) representative from a Union, if nominated by a Team Member Representative, may attend a VACC Council meeting.

11. CONSULTATION

11.1 In the event of major workplace changes that may have a significant effect on Team Members, Virgin Australia will consult with affected Team Members and the Unions, and allow opportunities for proper representation for the purpose of that consultation prior to a decision being made.

11.2 Virgin Australia agrees that proper consultation is important in maintaining positive working relationships between Virgin Australia, Team Members, and relevant Union(s).


11.3 Virgin Australia agrees that genuine consultation for these purposes shall not be perfunctory advice, but shall provide a genuine opportunity to influence the decision makers and the outcomes of any proposed change.

11.4 Virgin Australia acknowledges that genuine consultation prior to any significant change being implemented is important to maintaining positive workplace relationships and outcomes for the business.

11.5 Virgin Australia will not be obliged to disclose confidential information during the consultative process.

11.6 In circumstances where Virgin Australia has a definite proposal that would result in major workplace change which is likely to have a significant effect on Team Members, Virgin Australia agrees to notify and consult with affected Team Members, the FAAA and the TWU at the time of considering the proposal for major workplace changes and prior to a decision being made.

11.7 The process of consultation will include:

(a) 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;

(b) Discussion and genuine consideration on measures to avert or mitigate any adverse effects on Team Members;

(c) Provision of reasonable resources, including work time, for Team Members to fully participate in the consultation process;

(d) Genuine consideration of Team Members’ and, at the Team Members’ election, their nominated representatives’ suggestions, ideas and contributions; and

(e) Genuine opportunity for Team Members, and the Unions to influence the decision-makers and affect the outcome of any proposed changes, including allowing representation for this purpose.

11.8 As soon as a final decision has been made, Virgin Australia must notify the affected Team Members and the Unions in writing and explain the effects of the decision. This notification in writing must include details about the proposed change and an implementation date (if known).

11.9 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, may 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 carried out but a concern about the decision by Virgin Australia following the consultative process.

11.10 Virgin Australia, Team Members and representatives, must act in good faith in relation to the consultation process provided in this clause.

11.11 While consultation is taking place, the parties will respect the status quo unless otherwise agreed.

11.12 In this clause:

(a) ‘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;


(b) A major workplace change “may have a significant effect on Team Members” if it results in:

(i) a major change to the composition, operation or size of the Virgin Australia workforce or to the skills required of Team Members;

(ii) the elimination or diminution of job opportunities (including opportunities for promotion or tenure);

(iii) the alteration of hours of work defined by this Agreement;

(iv) the need to retrain Team Members;

(v) the need to relocate Team Members to another workplace;

(vi) the restructuring of jobs and or implementation of redundancies;

(vii) changes to the legal or operational structure of Virgin Australia or its business;

(viii) 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; or

(ix) establishing or eliminating Bases;

(x) major fleet changes that result in the introduction or withdrawal of an aircraft fleet type.

PART 3 - EMPLOYMENT RELATIONSHIP

12 EMPLOYMENT TYPES

12.1 You may be employed on a full-time, part-time or casual basis or on a permanent, fixed term or fixed task basis.

12.2 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 change your employment type without your agreement.

13 FULL TIME EMPLOYEE

A full time Team Member is engaged on a permanent basis and be rostered a maximum of 140 Ordinary Hours per 28 day Roster Period (or 280 Ordinary Hours per 56 day Roster Period).

14 PART TIME EMPLOYEE

14.1 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.

14.2 A part time Team Member will:

(a) be paid a minimum of 50% of the full time equivalent salary under this Agreement;

(b) be rostered to work up to a maximum of 12 days and up to a maximum of 80 hours in a 28 day Roster Period (or 160 hours per 56 day Roster Period);


(c) have nine (9) DDO’s rostered in accordance with clause 31 - Designated Day Off in this Agreement in a 28 day Roster Period; and

(d) be rostered a minimum of seven (7) Optional Days in a 28 day Roster Period;.

14.3 Where a part time Team Member:

(a) works in excess of 70 hours in a 28 day Roster Period, the Team Member shall be paid their normal hourly rate of pay for each hour worked;

(b) is rostered Optional Days, they may elect to work, but cannot be directed to work. Hours worked will be paid at the applicable hourly rate but will not count toward your maximum hours in a Roster Period; and

(c) for the avoidance of doubt, the daily overtime triggers will apply to all duties.

14.4 Part time Team Member’s entitlements under this Agreement shall be on a pro rata basis. Part time Team Member’s leave entitlements will be pro-rated in accordance with this Agreement.

14.5 Part time commitment

(a) Virgin Australia will make available on a one-off basis, a minimum of 50 permanent part time roles as soon as operationally possible but no later than 12 months after commencement of this Agreement.

(b) Notwithstanding clause 14.5(a), a Team Member may apply for a permanent part time role at any time and such requests will be considered subject to business and resource needs.

(c) Virgin Australia will call for expressions of interest from internal full time Team Members covered by this Agreement in the first instance.

(d) Where a Team Member wishes to alter their employment status and return to full time employment, all requests must be submitted in writing and will be subject to approval by Virgin Australia.

(e) Virgin Australia will consult with the Unions through the AIC to develop a process for managing access to any future part-time work opportunities.

15 CASUAL EMPLOYEE

15.1 A casual Team Member:

(a) is engaged on a casual basis and paid by the hour for each hour worked plus a 25 % loading; and

(b) is not engaged on a permanent basis; and

(c) will be paid for a minimum period of four (4) hours work on each engagement.

15.2 The hourly rate will be based on the casual Team Member’s classification under this Agreement.

15.3 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.

15.4 A casual Team Member will be offered a permanent role if the Team Member has:


(a) undertaken regular and systematic engagements consistently over a 12 month period, and

(b) a permanent role is available; and

(c) the Team Member has the requisite skills, experience and performance for the role.

15.5 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.

16 PROBATION

16.1 If you are a new Team Member your employment at Virgin Australia will be subject to a six (6) month probationary period (including initial Cabin Crew training).

16.2 You or Virgin Australia may terminate your employment at any time during the probationary period by giving two (2) weeks’ notice or payment in lieu of notice (or a combination of both).

16.3 If you have transferred your employment to Virgin Australia from another company in the Virgin Australia Group, your employment at Virgin Australia is not subject to a probationary period except in the following circumstances:

(a) you have been employed for less than six (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 six (6) months; or

(b) if your new role within Virgin Australia is substantially different to your previous role in the Virgin Australia Group, in which case your employment will be subject to the six (6) month probationary period unless otherwise agreed between you and Virgin Australia.

17 EMPLOYMENT FLEXIBILITY

17.1 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.

17.2 To help achieve this flexibility, Virgin Australia and an individual Team Member may agree on an Individual Flexibility Agreement (IFA ) which alters or amends the effect of any of the provision of this Agreement, so long as:

(a) the arrangement meets the genuine needs of Virgin Australia and the Team Member;

(b) the terms of the IFA:

(i) are about permitted matters under section 172 of the Act;

(ii) are not unlawful terms under section 194 of the Act;

(iii) is in writing;

(iv) includes the name of Virgin Australia and the Team Member;

(v) is signed by Virgin Australia and the Team Member; and

(vi) includes details of:


• the terms of this Agreement that will be varied by the IFA;

• how the IFA will vary the effect of the terms;

• how the team member will be better off overall in relation to the terms and conditions of his or her employment as a result of the IFA;

• states the day on which the IFA commences.

(c) is genuinely agreed to by the Team Member and Virgin Australia, without coercion or duress; and

(d) results in the Team Member being better off overall than the Team Member would have been if no IFA was entered into; and

(e) can be terminated with no more than 28 days written notice by either party, or at any time by agreement of both parties; and

(f) is otherwise in accordance with the Act.

18 CONDITIONS OF EMPLOYMENT

18.1 Your employment at Virgin Australia is subject to the conditions set out below:

(a) Satisfactory completion by you of an initial training course at a time and place specified by us;

(b) Satisfactory completion by you of recurrent line proficiency/ competency checks and associated examinations including any re-examination;

(c) You holding a current First Aid Certificate and Responsible Service of Alcohol certificate;

(d) 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;

(e) You being issued with and continuing to hold a valid Aviation Security Identification Card (ASIC) issued by Virgin Australia;

(f) You holding and maintaining a valid passport; and

(g) You holding and maintaining applicable visas that enable you to enter each port into which Virgin Australia and its related entities fly at any time.

18.2 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.

19 TRAINING AND INDUCTION

19.1 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.

19.2 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.


19.3 Training directed by Virgin Australia will not be rostered at the conclusion of a Tour of Duty.

19.4 Within three (3) Roster Periods of achieving automated system capability, a Team Member whose Home Base is different from a nominated local port at which they reside may request to be scheduled training at that local port subject to the following:

(a) Virgin Australia offering the relevant training course at the Team Member’s local port;

(b) Virgin Australia having availability on the relevant training course at the Team Member’s local port; and

(c) Virgin Australia requiring the Team Member to undertake the training during the relevant time period that it is offered at the local port.

20 REPORTING

20.1 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.

20.2 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 your reporting line, you can request a review in accordance with Virgin Australia’s ‘A Fair Go’ Policy or the Dispute Resolution Process.

21 DUTIES

21.1 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:

(a) Perform such duties that are reasonably required of the role of a Team Member consistent with this Agreement;

(b) Exercise reasonable skill and care in performing your duties;

(c) Commit your efforts to furthering the interests of Virgin Australia and the Virgin Australia Group;

(d) Comply with all lawful directions and instructions given or issued to you by us;

(e) Cooperate with Virgin Australia management in relation to any issues concerning your employment;

(f) Make yourself available during rostered hours and outside minimum Rest Periods to discuss any employment related issues with management;

(g) Act honestly and in accordance with Virgin Australia’s and the Virgin Australia Group’s values and standards of behaviour and conduct;

(h) Conduct yourself in a professional and responsible manner whilst engaged in any activity connected with work;

(i) 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

(j) Comply with all legislation and regulations that are relevant to your role;


(k) Comply with all Virgin Australia and Virgin Australia Group policies and procedures relevant to your role and your contract of employment.

21.2 We also must act in a way consistent with the above.

21.3 We may require you to perform duties for Virgin Australia’s related entities.

21.4 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.

22 PERFORMANCE MONITORING AND ONLINE TRAINING

22.1 Where a Team Member is required to undertake a compulsory V-Learn or other online training course, the Team Member will be allocated a Duty Hour Credit in the relevant Roster Period for undertaking this course, which will be added to the Cumulative Duty total in that Roster Period. Team Members may request and be provided information regarding the Duty Hour Credits allocated under this clause.

22.2 Where a Cabin Leader or Flight Manager is required to complete performance monitoring and is required to complete such reporting in the Team Member’s own time, the Team Member will be allocated:

(a) five (5) hours duty credit in the relevant Roster Period for full-time Team Members; and

(b) 2.5 hours duty credit in the relevant Roster Period for part-time Team Members.

22.3 For the purposes of this clause, “duty credit” will be debited to reduce the maximum Roster Period hours for that Roster Period applicable under this Agreement.

23 PREFERENTIAL BIDDING SYSTEM

23.1 Virgin Australia will release the global bidding satisfaction rates to the VACC Council upon request.

23.2 Within six (6) months after the Commencement Date, Virgin Australia will appoint and train a total of eight (8) “Bid Champions” to be made up of Team Members from each base. Virgin Australia will call for nominations for Team Members to be appointed as “Bid Champions”.

23.3 Once appointed, Virgin Australia will arrange for training of these Bid Champions in relation to the Preferential Bidding System (PBS). Bid Champions will then be available for Team Member’s to raise specific questions in relation to the PBS and bidding combinations.

23.4 Within six (6) months after the Commencement Date:

(a) Virgin Australia will develop and maintain material on the intranet relevant to the PBS to assist crew members to effectively bid for duties using the PBS;

(b) Virgin Australia will incorporate PBS training into initial training school for new Team Members.


PART 4 - OPERATIONAL PROVISIONS

24 HOURS OF WORK

24.1 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.

24.2 A full time Team Member will be rostered a maximum of 140 Ordinary Hours per 28 day Roster Period. Each full time Team Member will be rostered to an average of 135 hours per 28 day roster.

24.3 Part-time team Members will be rostered up to a maximum of 12 days and up to a maximum of 80 hours per 28 day Roster Period.

24.4 Full time Team Members can be directed to work up to five (5) hours of reasonable additional overtime, in addition to their maximum Ordinary Hours per 28 day roster cycle, in order to complete a rostered or Assigned Duty.

24.5 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, in order to complete a rostered or Assigned Duty.

24.6 Where prior to Sign On at Home Base for the final duty of the Roster Period, the Team Member is planned to exceed 145 hours for full time Team Members or 82.5 hours for part time Team Members, the Team Member may elect but cannot be directed to complete the duty.

24.7 In the event of Disruption on an already commenced Pairing, Virgin Australia may require you to exceed the limits set out in clause 24.4 or 24.5 in order to return you to Home Base, and you will not be deemed to be in breach of clause 24.4 or 24.5.

24.8 A Team Member can elect to work more than the maximum number of duty hours and/or duty days by notifying Virgin Australia.

24.9 If you work on any DDO or an Optional Day the resulting hours will not count towards the Roster Period maximum Ordinary Hours.

24.10 The maximum Cumulative Duty period for Team Members will not exceed 65 hours in any consecutive seven (7) days, and 105 hours in any consecutive 14 days.

25 ROSTERS

25.1 Virgin Australia currently operates a 28 day Roster Period. Rosters for the following Roster Period will be published at least seven (7) days prior to the commencement of the Roster Period.

25.2 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.

25.3 If a 56 day roster is implemented, rosters for the following Roster Period will be published at least ten (10) days prior to the commencement of the Roster Period.

25.4 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.

25.5 Each Roster Period will specify the Team Member’s DDOs, other duty days (e.g. Open Days or reserve days), flight periods with Sign On/Sign Off times, stand by periods, Blank


Days, Ground Duties, training duties and other courses, any leave periods and any other duty allowable under this Agreement.

25.6 Rosters will be available electronically on the Virgin Australia intranet.

26 ACKNOWLEDGEMENTS REGARDING ROSTER STABILITY

Virgin Australia acknowledges the importance of roster stability to Team Members and the operation, and will make every reasonable effort to:

(a) maintain adequate Standby coverage to ensure short notice events impacting crew availability can be managed with minimum impact to the business and our guests.

(b) seek to utilise Standby crew prior to displacing crew from their Scheduled Duty, unless the use of Standby crew would place the operation at a greater risk of Disruption;

(c) maintain a system that monitors and manages the Fatigue of Team Members.

(d) use options that minimise the Disruption of rostered duties and the Displacement of Team Members; and

(e) provide Team Members with rosters that consider work/life balance through the management of leave (such as personal, annual and long service leave), and the management of trip swaps;

(f) develop rosters that are in accordance with the requirements under this Agreement, health and safety legislation and Fatigue management principles.

27 GROUND DUTIES

27.1 Other than in the circumstances outlined in clause 27.3, where a Team Member is required to perform a Ground Duty, the duty will not be rostered to exceed 12 hours.

27.2 This 12 hour limitation may only be exceeded to a maximum of 14 hours in Disruption or greater with the consent of the Team Member in order to position a Team Member following the duty.

27.3 You may be assigned Ground Duties in the following circumstances:

(a) If you are ill or injured for only part of a rostered Trip (which results in you being Displaced from the Trip in its entirety and you are unable to be assigned a replacement Trip for that period);

(b) Where your participation in jury service results in you being removed from a rostered Trip and you are not utilised for jury duty for the duration of a rostered Trip;

(c) If you fail to submit an ASIC renewal application in accordance with clause 83 - ASIC, and this failure results in your ASIC lapsing until such time as a replacement ASIC is issued;

(d) If you fail to ensure you maintain a current passport and/or relevant visas in accordance with 84 – Passports and Visas, and this failure results in your passport and/or relevant visas expiring, until such time as a replacement passport and/or visa is issued;

(e) If you are “subject to operational clearance”;

(f) Pursuant to clause 73 – Parental Leave of the Agreement; or


(g) Where you agree to be assigned a Ground Duty for a reason not listed above.

27.4 Where you are assigned Ground Duties in accordance with clause 27.3, your total hours of undertaking Ground Duties over this period will not exceed 7.36 hours per day unless you agree otherwise.

27.5 Team Members may carry out such duties as are within the limits of the Team Member’s skill, competency and training, but not so as to promote deskilling as a long haul Cabin Crew Member.

28 CONTACTING CREW

28.1 You must provide us with a telephone number(s) (preferably a mobile number) at which you will be contactable should Virgin Australia need to contact you in order to fulfil your obligations under this Agreement.

28.2 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.

28.3 You will not be contacted unnecessarily during a minimum Rest Period unless you have agreed otherwise with your Leader or there is an emergency, other than by passive contact. “Passive contact” means email, text message, message via a mobile application, or note under hotel door.

28.4 Whilst on Standby or an Open Day, Team Members must be contactable on the number/s provided. Where a call is made or a message is left, the Team Member must call back as soon as possible. Failure to do so will result in the Team Member being placed “Non-Contactable” for that day.

28.5 Virgin Australia may contact Team Members on DDOs, Optional Day (for part-time Team Members), Leave Days or outside Standby/Open Day contactable periods to request them to undertake duties for that day or following days. Team Members are not required to be contactable during such times (unless you nominate otherwise).

28.6 Virgin Australia may contact you on a Blank Day to notify you of a future change of duty. Team Members are not required to be immediately contactable on this day. Where a message is left, you must call back as soon as possible, no later than 1700 hours Home Base local time.

28.7 It is the Team Member’s responsibility to ensure their telephone number/s is serviceable and for mobiles have network coverage at their Standby address

29 FITNESS FOR DUTIES

29.1 A Team Member will not knowingly operate an aircraft, and Virgin Australia will not knowingly require or knowingly permit a Team Member to operate an aircraft, unless at the start of any Duty Period:

(a) Virgin Australia has provided opportunity for, and the Team Member has taken, adequate rest;

(b) Virgin Australia has provided opportunity for, and the Team Member has taken, adequate sustenance;


(c) the Team Member is free of any Fatigue, illness, injury, medication, alcohol or drug, which could impair the safe exercise of their duties or otherwise affect their ability to perform work without an unacceptable level of risk.

29.2 Virgin Australia will provide opportunity for adequate rest as required by this Agreement and the FRMS. Team Members will ensure that adequate rest is taken during the period prior to commencing or recommencing duty.

30 FATIGUE RISK MANAGEMENT SYSTEM

Virgin Australia will maintain a Fatigue Risk Management System (FRMS) which applies to Team Members and which will include an FRMS Governance Committee, Pairing Review Forum and Crew Alertness Study Team (CAST). Changes to the FRMS (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.

31 DESIGNATED DAY OFF (DDO)

31.1 Full-time and part time Team Members are entitled to nine (9) DDOs per 28 day Roster Period at roster build. During initial training, a Team Member in training will be entitled to a minimum of eight (8) DDOs per 28 day period.

31.2 Where a Team Member is approved any leave other than Personal Leave, DDOs will be pro-rated as follows:

Leave Days rostered

DDOs pro-rated Leave Days rostered

DDOs pro-rated

1 9 15 4

2 8 16 4

3 8 17 4

4 8 18 3

5 7 19 3

6 7 20 3

7 7 21 2

8 6 22 2

9 6 23 2

10 6 24 1

11 5 25 1

12 5 26 1

13 5 27 0

14 5 28 0


31.3 Subject to mandatory minimum Time Free of Duty and FRMS requirements, no more than three (3) DDOs in a Roster Period will be rostered as single days. This provision does not apply where a Team Member swaps rostered duties or DDOs.

31.4 A single DDO will be rostered to include two (2) Local Nights and cover at least 34 hours.

31.5 A Rest Period may be included as part of a DDO or Optional Day.

31.6 Virgin Australia will not change your rostered DDO without your agreement. You may accept work on a DDO, but cannot be directed to do so.

31.7 Where you work a duty on a DDO, you will be paid your ordinary hourly rate for the duty hours worked. The hourly rate of pay will be calculated in accordance with your salary classification under this Agreement. Such hours worked will not count toward Roster Period limits.

31.8 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 one (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 by Virgin Australia in the following Roster Period.

32 SIGN ON/ SIGN OFF TIMES

32.1 The minimum for pre-flight sign-on, and post flight sign-off, duties are specified in the table below. These minimum times may only be reduced in exceptional circumstances at the discretion of the Flight Manager.

Activity Sign On Sign Off

Flight Duty - Long Haul International – Australian Departure

90 mins 30 mins

Flight Duty - Long Haul International – Foreign Departure

80 mins 30 mins

Flight Duty - Australian Domestic 55 mins 30 mins Positioning International Flight - 75

mins 30 mins

Domestic Flight - 45 mins

15 mins

Ground Duties At the specified time At the specified time

32.2 Sign On and Sign Off times will not be reduced in order for Team Members to achieve their required Rest Period prior to a Flight Duty Period.

32.3 You must Sign On at Home Base at the commencement of each Duty and Sign Off at Home Base at the conclusion of each Duty by one of the following means:

(a) at the airport using the relevant crew rostering system;

(b) verbally by speaking with Crew Control prior to leaving the airport if the rostering system is not accessible at the location of Sign On/ Sign Off; or

(c) using Sign On sheets for training or other ground based duties.


33 EXTENSION TO SIGN OFF

33.1 You may request an extension to your Sign Off time in extenuating circumstances (ie. something that would not normally be expected to happen in the course of your duties). Requests to extend Sign Off will not be unreasonably refused by Virgin Australia.

33.2 All requests to extend Sign Off away from Home Base must be made by the Flight Manager of the relevant flight no later than upon arrival at Company-provided accommodation after the relevant flight.

33.3 All requests to extend Sign Off at Home Base must be made by the Flight Manager of the relevant flight as soon as possible on arrival into Home Base.

33.4 Requests to extend Sign Off must be approved by your Leader (or delegate notified by Virgin Australia).

33.5 You may be asked to provide information to support your request for an extended Sign Off.

33.6 With the exception of rules pertaining to minimum rest, you will not be deemed to be in breach of any work rules or buffers contained in this Agreement through the granting of an extension to Sign Off.

33.7 You may agree but cannot be directed to reduce your minimum rest in order to retain your next Scheduled duty following an extension to Sign Off.

33.8 Where a request for an extension to Sign Off in accordance with this clause is rejected, the Team Member may request reasons for rejection, and this will be provided by the Team Member’s Leader.

34 FLIGHT DUTY PERIOD LIMITS – LONG HAUL INTERNATIO NAL FLYING

34.1 The maximum rostered Flight Duty Period for Team Members operating rostered Long Haul International Flying duties is 18 hours 25 minutes, subject to clause 34.9. Unless the Team Member elects, a Team Member will not be rostered more than 10 consecutive days of work (which includes Duty, Open days and Blank Days) without a DDO.

34.2 You can elect at any time to work greater than the maximum Flight Duty Periods in clause 34.1, but cannot be directed to do so.

34.3 Where Team Members work in excess of the flight duty limits, inclusive of Positioning duties, the daily overtime provisions in this Agreement will continue to apply.

34.4 Duty Time is calculated from the Sign On time to the Sign Off time for that duty.

34.5 A Team Member may be rostered a Positioning Duty of up to 24 hours, unless the Team Member agrees to undertake a longer Positioning Duty. Daily overtime provisions in this Agreement will apply to all Positioning duties.

34.6 Where a Flight Duty Period is rostered to exceed 16 hours, only one (1) Operating Sector will be rostered.

34.7 In relation to on-board rest facilities made available to Team Members rostered Long Haul International Flight Duty Periods:

(a) A Team Member may be rostered up to 14 hours 25 minutes where the Team Member being relieved has access (for the complete relief period) to a comfortable seat in the passenger compartment.

(b) A Team Member may be rostered up to 16 hours 25 minutes where the Team Member being relieved has access (for the complete relief period) to rest facilities


consisting of a comfortable seat which is separate from and screened from the flight deck and passenger compartment, and is environmentally conducive to rest or a Business Class seat.

(c) A Team Member may be rostered up to 18 hours 25 minutes, where the Team Member being relieved has access (for the complete relief period) to rest facilities consisting of a bunk that allows for a horizontal sleeping position which is screened from and separate from the flight deck and passenger compartments, is environmentally conducive to rest, including temperature and light control.

34.8 Where a (continuous) Flight Duty Period is rostered to exceed 14 hours 25 minutes:

(a) Not more than two (2) Operating Sectors shall be rostered;

(b) The last Sector (if more than one) Block Time shall be at least nine (9) hours.

34.9 In the event of Disruption, the Flight Duty Period set out in clause 34.1 may be extended by up to two (2) hours.

34.10 Subject to clause 36.1, you can elect at any time to work greater than the maximum extended Flight Duty Periods in clause 34.9 but cannot be directed to do so.

34.11 For additional day of operation emergency extensions, see clause 36 – Emergency Flight Duty Extensions below.

35 FLIGHT DUTY PERIOD LIMITS - ALL OTHER FLYING

35.1 You may be rostered a flight duty for all other flying (domestic or international) in accordance with the limits in the table below.

Local start

time Rostered/ Planned Sectors

1 2 3 4 5 0600-0759 14 hours 13 ¼ hours 12 ½ hours 11 ¾ hours 11 0800-1259 15 hours 14 ¼ hours 13 ½ hours 12 ¾ hours 12 1300-1759 14 hours 13 ¼ hours 12 ½ hours 11 ¾ hours 11 1800-2159 13 hours 12 ¼ hours 11 ½ hours 10 ¾ hours 10 2200-0559 12 hours 11 ¼ hours 10 ½ hours 10 hours 10

35.2 In the event of Disruption after sign-on, the Flight Duty Periods set out in the table at clause 35.1 above may be extended by up to two (2) hours.

35.3 Subject to clause 36.1, you can elect at any time to work greater than the maximum extended Flight Duty Periods in clause 35.2 but cannot be directed to do so.

36 EMERGENCY FLIGHT DUTY PERIOD EXTENSIONS

36.1 The FDP extensions at clause 34.9 may only be exceeded in an emergency. In this respect, an emergency is a situation, which, in the judgement of the Pilot in Command, presents a serious risk to the health and/or safety of the crew and/or passengers, or endangers the lives of others.

36.2 Extensions made under clause 34.9, 35.2 and 36 may include increasing the number of Sectors by one if necessary to complete the objective of the duty.


37 EXTENSION OF FLIGHT DUTY PERIOD BY ROSTERED SPLI T DUTY

37.1 When a FDP consists of two or more Sectors of which one can be a Positioning journey counted as a Sector – but separated by less than a minimum Rest Period, then the FDP may be extended by the amounts indicated below:

Consecutive Hours Rest Maximum Extension of the FDP Less than 3 Nil 3-10 A period equal to half the consecutive hours rest taken

37.2 In a Split Duty, the Rest Period shall not include the specified time allowed for immediate post flight duties and pre-flight duties.

37.3 When the Rest Period is six (6) hours or less, Suitable Resting Accommodation will be provided and may include the aircraft subject to the conditions laid out in clause 37.5 and 37.6.

37.4 If the Rest Period is more than six (6) consecutive hours, then Suitable Sleeping Accommodation shall be provided.

37.5 A period of rest may be taken in the aircraft on the ground under the following circumstances:

(a) the period of rest must be planned six (6) hours or less;

(b) a comfortable reclining seat or bunk must be available for each resting crew member;

(c) there must be no passengers on board;

(d) maintenance must not take place within the immediate vicinity of the resting Team Members;

(e) the environment within the aircraft must be conducive to rest.

37.6 Where security considerations make the use of Suitable Sleeping Accommodation inadvisable, the provision of Suitable Sleeping Accommodation may be waived.

38 TIME FREE OF DUTY

38.1 The minimum Time Free of Duty after any duty signing-off away from the Team Members Home Base will be:


Duty Length

Minimum Planned Time Free of Duty

Minimum Time Free of Duty in Disrupt

If previous Duty length is less than 9 hours

11 hours 10 hours provided Time Free of Duty incorporates the period 2200-0600 local time

If previous Duty length is 9 hours or greater but less than 11 hours

11 Hours 10 hours in suitable accommodation, excluding travel time between airport and hotel


At least equal to previous Duty length

Previous Duty Length less 1 hour but to not less than 11 hours. This may be reduced further at Team Member’s discretion

If previous Duty length is 20 hours or greater

24 hours 24 hours or less at Team Member’s discretion

38.2 The minimum Time Free of Duty after any duty signing-off at the Team Members Home Base will be:

Duty Length Minimum Planned Time Free of Duty

Minimum Time Free of Duty in Disrupt

If previous Duty length or Standby period is less than 12 hours

12 hours 11 hours


At least equal to previous Duty length

Previous Duty Length less 1 hour but not less than 11 hours. This may be reduced further at Team Member’s discretion

If previous Duty length is 20 hours or greater

24 hours 24 hours or less at Team Member’s discretion

38.3 The minimum Time Free of Duty at Home Base periods set out in the table above are subject to the following conditions:

(a) the minimum Time Free of Duty period must include one (1) Local Night for a Trip of two (2) to four (4) days away; or

(b) the minimum Time Free of Duty period must include two (2) Local Nights for Trips of more than four (4) days away or where more than twenty (20) Block Hours accrue in the Pairing.

38.4 The minimum Time Free of Duty at Home Base may be reduced in the following circumstances:

(a) at the discretion of the Team Member, to less than twelve (12) hours between ground and/or training duties;


(b) at the discretion of the Team Member by up to two (2) hours but to no less than twelve (12) hours following an FDP extension at clauses 34.9, 35.2 and 36 in order to maintain their next Rostered Duty; or

(c) where the Team Member is undertaking initial training.

38.5 When signing off in Australia away from Home Base, and you are planned Time Free of Duty in accommodation at the completion of a flight duty and prior to a subsequent paxing duty, you may elect to waive this Time Free of Duty providing you:

(a) Cancel the accommodation in accordance with the Cancelled Accommodation clause in this Agreement, and

(b) Return to your home base at the earliest possible time after the international Sector terminated.

Virgin Australia reserves the right to override your election under this clause and direct you to utilise the provided accommodation.

38.6 At Home Base, you will not be required to sign-off and subsequently sign-on on the same Day unless you elect to do so.

38.7 Time free of Duty at home base may include a DDO, Optional Day or Blank Day.

38.8 Where you are not able to complete the minimum Time Free of Duty entitlements under this Agreement before the planned Sign On time of your next duty, Virgin Australia will remove you from that next duty and provide you with at least your minimum required Time Free of Duty before any subsequent duty.

38.9 Virgin Australia will monitor, via its Fatigue mitigation obligations, the minimum Time Free of Duty requirements contained in this Agreement, and will at the directive of the FRMS Governance Committee increase minimum Time Free of Duty requirements for a specific schedule, flying pattern or Pairing. The rationale for any additional Time Free of Duty requirements will be provided to Team Members.

38.10 Subject to this Agreement, a Team Member shall have:

(a) In any consecutive seven (7) days, one period free from all duty which is a minimum of 36 consecutive hours; or

(b) In any consecutive ten (10) days, one period free from all duty which is a minimum of 60 consecutive hours.

These periods free from duty may be away from Home Base in accommodation provided by Virgin Australia.

39 BLANK DAY

39.1 Virgin Australia may roster or assign you a Blank Day on a day that you are unable to be rostered or Assigned a Duty in accordance with this Agreement.

39.2 Virgin Australia will not assign a duty on a Blank Day except in the case of Disruption or to accommodate trip swaps. Where a rostered Duty is completely removed due to sickness, Fatigue, or Disruption, the original date of the Blank Day may be replaced with an Open or Standby Duty and utilised in accordance with this Agreement. Where this occurs, this will be notified in advance of the Blank Day.

39.3 Virgin Australia may contact you on a Blank Day to notify you of a future change of duty.


39.4 You are not required to be immediately contactable on a Blank Day. Where a message is left, you must call back as soon as possible, no later than 1700 hours Home Base local time (unless it is part of your minimum Rest Period).

40 STANDBY

40.1 Standby periods are rostered to ensure that short notice events can be managed with little or no impact to the business and our guests. Standby may be rostered at home, the airport or a hotel.

40.2 Hotel Standby

(a) Whilst on Layover at an outport, Team Members may be required for hotel Standby. This requires being contactable, after their required minimum rest provision, for a specified period of no longer than six (6) hours (unless a longer period is agreed with the Team Member) and available for duty to cover short notice crew shortages (e.g. illness).

(b) A Team Member on hotel Standby, will, if required, commence a Duty Period outside their Standby period if such a requirement was made known prior or during the Standby period.

(c) Team Members called for duty during the hotel Standby period must be ready for pick up within 45 minutes of contact.

(d) Team Members allocated hotel Standby must be adequately rested and fit for duty. In this event the Flight Duty Period begins at the actual or required sign-on time, whichever is later.

40.3 Home Standby

(c) Home Standby will not exceed 12 hours.

(d) A home Standby period is the time in which a Team Member will be contactable for duty and a Team Member will report for duty at the assigned time or no later than 120 minutes after being contacted.

(c) A home Standby period will not exceed 12 hours. A Team Member rostered for, or on a home Standby period of less than 12 hours may be required to extend the Standby period up to 12 hours. This may be notified prior to or during a Standby period.

(d) A Team Member on home Standby may be required to Sign On for flight duty during the time that he or she is on Standby or up to two (2) hours after the end of the Standby period, or at other times as mutually agreed. In this event the Flight Duty Period begins at the actual or required Sign On time, whichever is later.

(e) A duty that is Assigned and Notified at least 12 hours prior to the commencement of the home Standby duty shall Sign On within the nominated Standby duty period or no more than two (2) hours after the end of the Standby period unless mutually agreed. In this event the Flight Duty Period begins at the actual or required Sign On time, whichever is later.

(f) The start and end time of a Standby period may be changed subject to a minimum of 12 hours’ notice being given before the revised start time of the Standby duty, or by mutual agreement.


40.4 Airport Standby

(a) Airport Standby may be rostered or Assigned to cover unforseen events such as crew no show or Disruption. The maximum length of an airport Standby duty will be five (5) hours.

(b) The start and end time of an airport Standby may be changed subject to a minimum 12 hours’ notice being given before the revised start time, unless mutually agreed.

(c) In the event a Team Member on Airport Standby is Assigned a flight duty, the Flight Duty Period begins at the actual Sign On time of the Airport Standby.

41 OPEN DAYS

41.1 Open Days are rostered to ensure events that disrupt crew from their rosters or events that lead to uncrewed flying/ training duties can be managed effectively. Open Days may be utilised by Virgin Australia to undertake any duties or Standby periods that may be required. An Open Day is considered Time Free of Duty until the Team Member has been Assigned a duty or Standby period.

41.2 On an Open Day the Team Member must be contactable for a nominated four (4) hour period, at home base, and shall be able to report for duty a minimum of 12 hours after notification of a requirement at home base or as mutually agreed.

41.3 Duty or Standby may be Assigned and Notified to a Team Member prior to an Open Day. In such circumstances the 12 hour call out time shall be waived.

41.4 To allow maximum preparation prior to a flying duty, Team Members on Standby or an Open Day will normally be notified of a callout as soon as practical.

41.5 Standby or Open Days may be rostered in the following ways:

(a) individual days;

(b) consecutive days;

(c) an entire Roster Period; or

(d) a combination of these.

42. CREW COMPLEMENT

The planned and minimum Cabin Crew complements for each route will be determined by Virgin Australia in accordance with the relevant Australian civil aviation regulations.

43 MIXED DUTIES

When a Team Member is required to report in advance of the normal Sign On time for a flight duty in order to carry out a task on behalf of Virgin Australia (e.g. for a meeting), then the FDP and the maximum allowable FDP shall commence at the time the Team Member reports for the task prior to the flight.


44 TRAVELLING TIME

Travelling time, other than time spent while Positioning, shall not be counted as duty.

45 EXCHANGES OF DUTY

45.1 To maximise Virgin Australia’s ability to facilitate requests for Exchanges of Duty, these requests should be submitted using Virgin Australia’s nominated method at least 24 hours prior to Sign On (for the earliest duty to be exchanged).

45.2 To ensure requests are able to be processed by Virgin Australia and implemented, Team Members are encouraged to submit an Exchange of Duty request as early as possible as unforseen events such as significant Disruption or an IT outage may prevent the processing of the request within 24 hours.

45.3 In exceptional circumstances, requests for an Exchange of Duty may be submitted within this 24 hour period (but no less than 12 hours), prior to Sign On to your Leader.

45.4 An Exchange of Duty is not approved until such time that it processed by Crew Control and notified to the Team Members.

45.5 Requests for Exchanges are not guaranteed but will normally be approved provided that the conditions notified by Virgin Australia are met. These include:

(a) The resulting duties must be compliant with the duty hour limitations and rest provisions contained in this Agreement;

(b) Duties outside the exchanged duties, including Standby duties and Open Days, can be preserved;

(c) There are no additional costs incurred by Virgin Australia;

(d) The Exchange of Duty does not involve leave;

(e) The Team Member maintains a minimum of eight (8) DDOs and/or Blank Days for the Roster Period; and

(f) Minimum rest requirements are not compromised as a result of the Exchange of Duties.

45.6 A Team Member’s Leader or manager may approve an Exchange of Duty outside of the parameters set out in clause 45.5 on a case by case basis.

45.7 When an Exchange of Duty is not approved, an explanation will be provided to the Team Member.

46 DISPLACEMENT

46.1 Where you are Displaced from duty, Virgin Australia will 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.

46.2 Where a Team Member is Displaced from duty, the Team Member can request a genuine explanation for the Displacement.

46.3 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.


46.4 Whilst up line, your original Sign On time will 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 departure time to the airport from your accommodation.

PART 5 - REMUNERATION

47 BACKPAY

47.1 For the purposes of this clause, the “Backpay Period” is the period from commencement of the first full pay period after 1 July 2014 to the commencement of the first full pay period on or after the Commencement Date.

47.2 The following backpay will be payable on the first pay day following the Commencement Date:

(a) an amount equivalent to a 3% increase from 1 July 2014 to 30 June 2015; and

(b) an amount equivalent to a further 3% increase from 1 July 2015 to 30 June 2016,

based upon the salary classification levels outlined in clause 34.2(c) of the Virgin Australia Long Haul International Cabin Crew Agreement 2011, and based upon the time spent at each relevant classification level/s during the relevant period.

47.3 From 1 July 2016 for the remainder of the Backpay Period, Team Members will receive a backpay amount calculated on the salary classification levels outlined in clause 48.3 of this Agreement, and based upon the time spent at each relevant classification level/s during the relevant period.

47.4 Backpay will be pro-rated for any time during the Backpay Period in which the Team Member was:

(a) not engaged as a Virgin Australia long haul Cabin Crew Team Member;

(b) part-time; and/ or

(c) on a period of unpaid leave or unpaid absence from work (including worker’s compensation).

48 SALARY & CLASSIFICATION LEVELS

48.1 Classification levels

This Agreement reduces the number of classification levels and introduces a new Senior Crew classification resulting in the following changes to the classification of existing Team Members at the Commencement Date:


Classification level prior to the Commencement Date (under the

classifications in the 2011 Agreement)

Classification level after the Commencement Date (under the

classifications in clause 48.3)

Cabin Crew Level 1 Cabin Crew Level 1





Cabin Crew Level 6 Senior Cabin Crew

Cabin Leader Level 1 Cabin Leader Level 1



Flight Manager Level 1 Flight Manager Level 1



48.2 Team Members will receive salary increases in accordance with the table at clause 48.3, and

will progress through the classification levels in accordance with clauses 48.4 (for existing Team Members) or 48.5 (for new Team Members) (whichever is relevant).

48.3 Salary increases

The salary levels and classifications for full-time Team Members under this Agreement, which apply from the first full pay period on or after the dates specified in the table below, are as follows:

Level 1 July 2016 1 July 2017 1 July 2018 1 July 2019

Cabin Crew 1 $42,840 $43,697 $44,571 $45,462

Cabin Crew 2 $45,900 $46,818 $47,754 $48,709

Cabin Crew 3 $51,000 $52,020 $53,060 $54,122

Senior Cabin Crew $56,097 $57,500 $58,937 $60,411

Cabin Leader 1 $62,259 $63,815 $65,410 $67,046

Cabin Leader 2 $67,847 $69,543 $71,282 $73,064

Flight Manager 1 $74,965 $76,840 $78,761 $80,730

Flight Manager 2 $81,693 $83,735 $85,828 $87,974


The hourly rates of pay for the salary levels and classifications for full-time Team Members under this Agreement, which apply from the first full pay period on or after the dates specified in the table below, are as follows:

Level 1 July 2016 1 July 2017 1 July 2018 1 July 2019

Cabin Crew 1 $23.54 $24.01 $24.49 24.98$

Cabin Crew 2 $25.22 $25.72 $26.24 $26.76

Cabin Crew 3 $28.02 $28.58 $29.15 $29.74

Senior Cabin Crew $30.82 $31.59 $32.38 $33.19

Cabin Leader 1 $34.21 $35.06 $35.94 $36.84

Cabin Leader 2 $37.28 $38.21 $39.17 $40.14

Flight Manager 1 $41.19 $42.22 $43.28 $44.36

Flight Manager 2 $44.89 $46.01 $47.16 $48.38

48.4 Progression – Existing Team Members

(a) If you are a Cabin Crew Team Member employed prior to the Commencement Date, you will progress to the subsequent Cabin Crew level (including to the Senior Cabin Crew level) after you have completed 12 months service at each level.

(b) If you are a Cabin Leader employed prior to the Commencement Date, you will progress to the next Cabin Leader level after you have completed 12 months service at each level.

(c) If you are a Flight Manager employed prior to the Commencement Date, you will progress to the next Flight Manager level after you have completed 12 months service at each level.

(d) For existing Team Members, the anniversary date that determined the date of progression under the Virgin Australia Long Haul International Cabin Crew Agreement 2011, will continue to apply

48.5 Progression – New Team Members

If you are a Team Member employed on or after the Commencement Date, you will progress to the subsequent levels as follows:


Classification level Progression

Cabin Crew Team Members will commence on Cabin Crew Level 1 and will progress as follows.

• From Cabin Crew Level 1 to Cabin Crew Level 2 from the first full pay period after 24 months service at Cabin Crew Level 1

• From Cabin Crew Level 2 to Cabin Crew Level 3 from the first full pay period after 24 months service at Cabin Crew Level 2

• From Cabin Crew Level 3 to Senior Crew Level from the first full pay period after 12 months service at Cabin Crew Level 3

Cabin Leader and Flight Manager

Team Members will commence at Cabin Leader or Flight Manager Level 1 and you will progress to Cabin Leader or Flight Manager Level 2 from the first full pay period 12 months after your appointment.

48.6 Part-time

If you are a part-time Team Member or employed on flexible work arrangements, you will be paid for all purposes a pro-rata salary based on the full-time equivalent classification subject to the provisions of clause 14 - Part Time Employee of this Agreement.

48.7 Secondments

(a) Where a Team Member is seconded to a higher role which is covered by this Agreement, the Team Member will initially be paid at the level 1 salary of that higher rank.

(b) A Team Member on secondment to a higher role will progress to the next salary level of the higher rank upon completing 12 months in the higher role, whether in one block or on a cumulative basis. For this purpose:

(i) only secondments of a period of six (6) months or more will count towards a Team Member’s cumulative time in the higher role; and

(ii) only where the break between secondments has been 12 months or less will multiple secondments be counted in calculating a crew member’s cumulative time in the higher role.

(c) In the event that the Team Member’s level within their substantive rank at the time in which the secondment is accepted is not the highest level within their rank, the period of the secondment will count as service within the Team Member’s substantive level.

49 WHAT YOUR SALARY COVERS

Your salary has been calculated to remunerate you for the following (irrespective of aircraft type):

(a) for all work, including all flying and non-flying work (for example, time spent performing Ground Duties, training, on Standby and Positioning);

(b) for working shiftwork, weekends and public holidays; and


(c) for all penalties, loadings and allowances; and

(d) for all other payments except for:

(i) daily overtime payments;

(ii) additional hourly pay;

(iii) cancelled accommodation allowances;

(iv) ad hoc trainers allowance;

(v) overnight meal and incidental allowances;

(vi) higher duties allowance; and

(vii) annual leave loading.

50 PAYMENT OF SALARY

50.1 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.

50.2 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.

50.3 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.

50.4 Virgin Australia will consult with you prior to deducting any overpayment from your salary and take into account your personal circumstances, unless the overpayment has not been repaid when you leave Virgin Australia in accordance with clause 50.3 above.

50.5 Deductions shall be confirmed in writing by Virgin Australia to you prior to being implemented.

51 SUPERANNUATION

51.1 We will pay the required level of superannuation support under the Superannuation Guarantee (Administration) Act 1992 (Cth) (as amended or replaced) (SGA Act), to meet our obligations so as not to incur the Superannuation Guarantee Charge.

51.2 Superannuation guarantee contributions will be made at the rate prescribed by the SGA Act (currently 9.5%) into:

(a) a superannuation fund of your choice, provided that the fund and your nomination complies with relevant legislation; or

(b) if you do not choose a fund, Virgin Australia’s default complying superannuation fund for Team Members.

51.3 Access by Team Members to a salary sacrifice scheme to contribute to their superannuation fund if they so wish are in accordance with ATO guidelines and relevant Virgin Australia policy. If a Team Member chooses to make additional salary sacrifice contributions it will not reduce the superannuation contribution payable by Virgin Australia under this Agreement.


51.4 The current rate of superannuation contribution is 9.5% of your salary which we will 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.

52 DAILY OVERTIME AND SPECIAL PAYMENTS

52.1 Daily overtime for work performed in the Long Haul International operations will be calculated and paid as follows:

(a) 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”);

(b) 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 greater than 18 hours and undertake that work, 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 $200.

52.2 Daily overtime for work performed in the domestic short haul operation will be calculated and paid as follows:

(a) 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”);

(b) For daily hours worked in domestic short haul operation in excess of 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”).

53 ADDITIONAL HOURLY PAY

Where you perform work in excess of 140 hours per 28 day roster, you will be paid an additional amount of 100% (“double time”) of 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.

54 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.


55 REIMBURSEMENT OF CLAIMS

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 (including those recommended by the Australian Government, the destination government or the World Health Organization), renewal of one regular passport, ASIC cards, visas. Virgin Australia will not reimburse you for replacement where these items are lost or damaged by you.

PART 6 - BENEFITS AND ALLOWANCES

56 HOME BASE

56.1 You will be allocated a Home Base on the commencement of your employment with Virgin Australia.

56.2 If there is a need to change your Home Base (either permanently or temporarily), we will discuss that with you in advance.

56.3 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.

56.4 Where you request to transfer Home Base, all expenses associated with the transfer will be your responsibility.

56.5 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:

(a) reasonable personal effects, household goods and furniture;

(b) one car owned by you;

(c) storage of goods where required for up to 30 days;

(d) 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;

(e) 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.

(f) Virgin Australia will provide flights for your spouse and dependent children to your new base.

56.6 If your employment is terminated by Virgin Australia, for reasons other than serious misconduct, performance or conduct, within nine (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.

57 ACCIDENT PAY

57.1 In addition to any statutory entitlement to workers compensation a Team Member will be paid make-up pay.


57.2 The amount of make-up pay will be the difference between the workers compensation entitlement and the amount of base salary that the Team Member would have received had the Team Member been at work for the period.

57.3 The amount in clause 57.2 will not apply for the first five (5) or aggregate of five working days of incapacity nor will it apply during any paid leave period.

57.4 Make-up pay will be payable for a maximum period or aggregate of period in no case exceeding a total of 52 weeks in respect of incapacity arising from any one injury.

57.5 A Team Member will not be entitled to any payment under this clause in respect of any period of paid leave.

57.6 In the event that a Team Member receives a lump sum in redemption of regular statutory compensation entitlements, Virgin Australia’s liability to pay make-up pay will cease from the date of such redemption.

57.7 Where the Team Member recovers damages from Virgin Australia or from a third party in respect of a compensable injury independent of statutory entitlements, the Team Member will be liable to repay to Virgin Australia the amount of make-up pay which the Team Member has received in respect of the said injury and will have no further make-up pay entitlements in respect of the injury.

58 CAR PARKING

58.1 Virgin Australia will provide a car park near the International Terminal in your home base or any other Australian city where Virgin Australia maintains staff car parking for its short haul cabin crew. The car park will be provided to Team Members who elect to have a car park and who drive to the airport to commence work.

58.2 Virgin Australia will consult with the VACC Council on any major changes to car parking arrangements

59 ACCOMMODATION, TRANSPORT AND MEALS

59.1 Team Members away from Home Base at the direction of Virgin Australia will be provided with accommodation and transport between the airport and the Virgin Australia arranged accommodation.

59.2 Virgin Australia will provide accommodation for Team Members who are required to Layover away from Home Base for work related purposes.

59.3 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.

59.4 The standard of accommodation provided will be appropriate having regard to the need to provide Team Members with safe and comfortable rest.

59.5 For the purposes of this clause, accommodation will satisfy these criteria if Virgin Australia has provided the opportunity for the accommodation to be inspected by Workplace Health and Safety Representatives it has been assessed as appropriate by Virgin Australia, and includes the following:

(a) 24 hour security;

(b) each Team Member will have their own individual room;


(c) accommodation will be clean with rooms which provide rest and are free of extraneous noise and other factors which prevent adequate rest;

(d) private self-contained bathrooms and toilets provided in each individual room;

(e) Ability to control room temperature;

(f) Ability to control room light (block out curtains); and

(g) Fridge provided and safe in room.

59.6 The items in clause 59.5 can be waived or varied for particular accommodation by agreement of the Unions.

59.7 Virgin Australia will provide the opportunity for any proposed new accommodation for permanent contracted hotels to be inspected by at least one (1) Workplace Health and Safety Representative.

59.8 Virgin Australia will consult with the VACC in respect of any changes to accommodation or any proposed new accommodation for permanent contracted hotels.

59.9 Virgin Australia will undertake periodic audits of permanent contracted hotels to ensure they comply with Virgin Australia’s preferred standards and the accommodation standards listed in clause 59.5, and the results of these reviews will be discussed and reviewed at the VACC.

59.10 The requirements in clauses 59.5 to 59.9 will not apply the case of temporary accommodation required to be sourced at short notice in cases of emergency or for charter flights. In this case, Virgin Australia will provide the best available accommodation which most closely meets the requirements in clause 59.5.

59.11 A Team Member may only elect not to use Virgin Australia provided accommodation within Australia. If you elect not to use Virgin Australia provided accommodation within Australia:

(a) you must remain contactable at all times;

(b) you are responsible for your own transport to and from the airport to meet the required Sign On times;

(c) you must provide contact details to the Flight Manager as appropriate. Virgin Australia Crew Control shall also be advised via Virgin Australia’s nominated method.

60 CANCELLED ACCOMMODATION ALLOWANCE

60.1 Virgin Australia will pay you a cancelled accommodation allowance of $65.00 in the following circumstances:

(a) you are required to Layover away from Home Base for work related purposes;

(b) that Layover will be in Australia;

(c) you advise Virgin Australia preferably prior to commencement of the Trip, but 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;

(d) you do not stay at the Virgin Australia provided accommodation; and

(e) this has resulted in Virgin Australia avoiding the accommodation cost for the Team Member for the Layover.


60.2 In circumstances where you are Assigned a duty from Standby or Open or where your duty is changed and you are required to Layover away from Home Base in Australia, you may cancel your accommodation by notification in writing at the time of being notified of or accepting a Duty without meeting the minimum notification period prescribed in clause 60.1(c).

60.3 The above allowance will be paid fortnightly in arrears. Payment will be made electronically into your nominated bank account.

60.4 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.

61 OVERNIGHT MEAL AND INCIDENTAL ALLOWANCES

61.1 You will be paid an allowance for overnight meal and incidental expenses (Overnight Allowance) where you are required to overnight away from Home Base for work related purposes.

61.2 Where a Team Member has signed on for duty but, as a result of Disruption or delay after Sign On, has missed the planned meal window in accordance with clause 61.2(a), the meal and incidental allowances applicable to the missed meal windows will continue to be paid.

61.3 Nothing in this clause prevents Virgin Australia from withholding tax from overnight meal and incidental allowances in accordance with the applicable taxation laws and requirements.

61.4 International Overnight Allowances

(a) Allowances will be calculated on the basis of the following meal windows at local port time:

Allowance Time period

Breakfast 0600-0800 hrs

Lunch 1200-1400 hrs

Dinner 1800-2200 hrs

Incidentals Per hour

(b) Subject to clause 61.2, Team Members are only required to touch a meal window to receive the applicable allowance and not complete the whole meal timeframe.

(c) International Overnight Allowances are calculated from Sign Off to Sign On at the relevant international port/s where Team Members Layover for work related purposes.

Existing Ports

(d) From the first full pay period after the Commencement Date, the International Overnight Allowances for Layover ports in USA will be:


From the first full pay period

after the Commencement

Date

From the first full pay period on or after 1

July 2017


July 2018


July 2019

Breakfast (15%)

$US23.40 $US23.70 $US24.00 $US24.45

Lunch (25%)

$US39.00 $US39.50 $US40.00 $US40.75

Dinner (45%)

$US70.20 $US71.10 $US72.00 $US73.35

Incidentals per 24 hour hours (15%)

$US23.40 $US23.70 $US24.00 $US24.45

24 hour equivalent total (100%)

$US156 $US158 $US160 $US163

(e) From the first full pay period after the Commencement Date, the International Overnight Allowances for Layover ports in the UAE will be:

From the first full pay period on or after the

Commencement Date


on or after 1July 2017





Breakfast (15%)

$AED91.87 $AED91.87 $AED91.87 $AED91.87

Lunch (25%)

$197.98 $197.98 $197.98 $197.98

Dinner (45%)

$AED335.74 $AED335.74 $AED335.74 $AED335.74

Incidentals per 24 hours (15%)

$AED165.70 $AED165.70 $AED165.70 $AED165.70

24 hour equivalent total (100%)

$AED791.29 $AED791.29 $AED791.29 $AED791.29

(f) Allowances for existing ports (Abu Dhabi and Los Angeles) will be paid in local currency.


New Ports

(g) Subject to clause 61.4(d) and (e), Virgin Australia will consult the VACC and the Unions on the International Overnight Allowance which will apply should Virgin Australia commence to fly to a new port.

(h) Unless otherwise agreed with the Unions, the amount of the International Overnight Allowance will be no less than 90% of the Australian Taxation Office rate for the relevant country cost group (Tier 2 salary level) in the applicable ATO Determination.

(i) Allowances will be calculated in accordance with the meal windows specified in clause 61.4(a) above and will be no less than 90% of the applicable ATO determined rate for each completed 24 hour Layover period, or pro rata based on the actual length of the Layover and actual meal windows touched.

(j) Allowances for new ports will be paid fortnightly in arrears through the payroll system and payments will be in Australian dollars.

(k) Where, on an ad hoc basis, a Team Member is required to overnight in an international port also serviced by other Virgin Australia Group cabin crew, the domestic allowance outlined in clause 61.5(c) will apply.

61.5 Domestic allowances

(a) 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.

(b) From the first complete pay period after Team Members approve this Agreement, the domestic rate for Overnight Allowances will be in accordance with the Australian Capital City rate (Tier 1 salary level) in the applicable ATO Determination across a 24 hour period. This will be paid in accordance with the meal windows as outlined in this clause based on the following percentages:

Meal window % of applicable rate applied

Breakfast 21%

Lunch 24%

Dinner 40%

Incidentals 15%

The amount of the domestic allowance will be reviewed consistent with the relevant Australian Taxation Office Determination.

(c) For work performed in the domestic short haul operation, where the Team Member is required to overnight at the direction of Virgin Australia and no Long Haul International Sector is attached to the Trip, the following domestic Overnight Allowance will apply (or 90% of the rate for Food, Drink and Incidentals for Australian capital cities in the applicable Australian Taxation Office Tax Determination, as amended or replaced, if it is greater):


Timing of increase to Overnight Allowance Amount

From the first full pay period on or after the Commencement Date $111.24

From the first full pay period after 1 July 2017 $114.58



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.

(d) Domestic overnight meal and incidental allowances will be paid electronically into each Team Member’s nominated bank account, fortnightly in arrears.

61.6 For new international ports, or domestic ports, where there is no ability to purchase adequate food during Time Free of Duty, Virgin Australia may provide Team Members with actual meals in lieu of the Overnight Allowances.

62 AD HOC TRAINER ALLOWANCE

Team Members performing Ad Hoc Trainer duties shall be paid an allowance of $86.00 for the rostered day on which the Team Member is undertaking the training duties. This allowance will increase to $88.58 on the first full pay period after the Commencement Date, $91.24 on 1 July 2017, $93.98 on 1 July 2018 and $96.80 on 1 July 2019.

63 HIGHER DUTIES ALLOWANCE

Team Members undertaking higher duties shall be paid an allowance of $60.00 per international Sector in which the Team Member is acting up in a higher duty. This allowance will increase to $61.80 on 1 July 2017, $63.65 on 1 July 2018 and $65.56 on 1 July 2019. The allowance will be paid on a daily basis where the Team Member undertakes higher duties on a domestic Sector.

64 PUBLIC HOLIDAY RECOGNITION ALLOWANCE

Where a Team Member is performing Duty or is on a Layover on Christmas Day (25 December ), New Year’s Day (1 January) or Easter Sunday, the Team Member will be paid a recognition allowance of $100.00.

PART 7 - LEAVE

65 LEAVE POLICIES AND PROCEDURES

All leave must be taken in accordance with this Agreement and Virgin Australia’s policies and procedures.


66 ANNUAL LEAVE

66.1 If you are a full-time or part time Team Member, you are entitled to 42 Calendar Days annual leave for each completed year of service.

66.2 The annual leave entitlement is inclusive of DDO, Saturdays, Sundays and Public Holidays.

66.3 Annual leave accrues in accordance with the Act.

66.4 For part time Team Members on fixed hours you will be paid at your pro rata salary for each day you are on annual leave.

66.5 Part-time Team Members will be paid a pro rata salary for each day on annual leave based on part-time Ordinary Hours of work.

66.6 A loading of 11.6667% of your base salary will be paid in addition to your salary at the time approved leave is taken.

66.7 You are encouraged to use your annual leave to ensure you have sufficient rest and recreation.

66.8 Virgin Australia may direct you to take annual leave provided that after such direction, you maintain a balance equivalent to no less than one year’s annual leave accrual.

66.9 You will have the opportunity to bid for leave at various times throughout the year. Annual leave can be cashed out during employment in accordance with the Act (see clause 66.12 below). You cannot however be required to cash out annual leave if you do not want to.

66.10 Accrued annual leave is paid out on termination of employment but does not accrue while you are on unpaid leave.

66.11 If you fall ill whilst on annual leave, you may have the period of annual leave re-credited and that period of absence during which you were ill or injured taken as personal leave provided that you comply with the following:

(a) You advise your Leader as soon as practicable of your illness or injury;

(b) You submit a medical certificate for the period of illness within seven (7) days of your return to duty; and

(c) The period of illness is in excess of one (1) day.

66.12 You may request to cash out a portion of your accrued annual leave. If your request is approved by Virgin Australia, any cash out will be in accordance with following:

(a) paid annual leave must not be cashed out if the cashing out would result in the Team Member’s remaining accrued entitlement to paid annual leave being less than four (4) weeks;

(b) each cashing out of a particular amount of paid annual leave must be by a separate agreement in writing between Virgin Australia and the Team Member; and

(c) the Team Member will be paid at least the full amount that would have been payable to the Team Member had the Team Member taken the leave that the Team Member has forgone.

66.13 An annual leave ballot will be conducted each year.

66.14 Ad Hoc leave requests will be entered into the crew management system and these requests will be considered by Crew Planning and approved prior to Roster build stage.


67 PERSONAL/CARER’S LEAVE

67.1 If you are a full-time Team Member, you are entitled to 15 days paid personal/carer′s leave each year. If you are a part-time Team Member or employed on flexible work arrangements, you will receive a pro-rata entitlement.

67.2 You can use your personal/carer’s leave entitlement if you are unable to attend work because you are ill or injured or because a member of your immediate family or household is ill or injured and requires care or an unexpected emergency happens.

67.3 If you wish to take personal/carer′s leave, you must notify us as soon possible in advance so that we can arrange for other people to cover your absence.

67.4 If you access personal leave you will be credited 7.36 hours towards your maximum Roster Period Ordinary Hours for each day of personal leave taken.

67.5 We may require that you provide documentation to support your personal/carer′s leave application. You may take up to four (4) single days of personal leave per year of service without the provision of Proof of Absence for each single day. Where you take 2 or more consecutive days of personal leave Proof of Absence will be required.

67.6 Personal Leave and URTI leave will be treated as approved in the first instance, and will be paid subject to:

(a) the Team Member having notified Virgin Australia of their absence;

(b) the Team Member holding a positive accumulated personal leave or URTI balance (as relevant); and

(c) the Team Member providing the necessary Proof of Absence within the period seven (7) days of returning to work.

If the Team Member does not satisfy clause 67.6(a) to (c) above and are paid for the day, the Team Member authorises Virgin Australia to make a corresponding pay adjustment in the current or in a subsequent pay period.

67.7 If you become ill or injured whilst performing work away from Home Base, we will do what we reasonably can to arrange treatment for you and return you to Home Base as soon as possible.

67.8 Accrued personal/carer′s leave is not paid out on termination of employment.

68 MID DUTY ILLNESS

68.1 If you become ill or injured during a Trip and are unable to perform further duties, you will be required to provide Proof of Absence. You may also be directed to attend a doctor or medical facility nominated by Virgin Australia.

68.2 Where you require medical services or hospitalisation away from Home Base you may access:

(a) The applicable overnight allowance up to a maximum of four (4) nights;

(b) Reimbursement for reasonable out-of-pocket expenses incurred while away from Home Base, excluding meals and laundry;

(c) Accommodation, where this is necessary;

(d) Transport to and from the airport, accommodation or medical practitioner.

68.3 Should it be required, we will arrange medical support during travel.


68.4 In the case of Mid Duty Illness, Team Members will be credited for actual hours worked towards their rostered hours.

68.5 If you are required to travel on a DDO to return to your Home Base, Team Members will be credited for actual hours worked toward their rostered hours and a substitute DDO provided within one Roster Period.

68.6 Transport to home or doctor if you require this upon arrival at Home Base.

69 UNPAID CARER’S LEAVE

You are entitled to two (2) days unpaid carer’s leave in accordance with the Act or Virgin Australia policy, whichever is more favourable to you.

70 COMPASSIONATE LEAVE

70.1 Full-time and part-time Team Members, are entitled to three (3) days paid compassionate leave for each occasion (a permissible occasion under the Act) where interstate travel is not required or where interstate or international travel is required then five (5) days paid compassionate leave for each occasion (a permissible occasion under the Act) shall apply.

70.2 You can use your compassionate leave entitlement if a member of your immediate family or household contracts or develops a personal illness that poses a serious threat to his or her life or sustains a personal injury that poses a serious threat to his or her life or dies.

70.3 If you wish to take compassionate leave, you must notify us as soon possible in advance so that we can arrange for other people to cover your absence.

70.4 We may require that you provide documentation to support your leave application.

70.5 Compassionate leave is not paid out on termination of employment.

71 URTI LEAVE

71.1 If you are a full-time Team Member, you are entitled to six (6) days paid URTI leave each year if you have an upper respiratory tract infection.

71.2 If you are a part-time Team Member or employed on flexible work arrangements, you are entitled to three (3) days paid URTI leave each year if you have an upper respiratory tract infection.

71.3 URTI leave is in addition to your personal/carer’s leave entitlement.

71.4 If you wish to take URTI leave, you must notify us as soon possible in advance so that we can arrange for other people to cover your absence.

71.5 You may be required to provide documentation and/or Proof of Absence to support your URTI leave application.

71.6 If you suffer an URTI whilst performing work away from Home Base, we will do what we reasonably can to provide treatment for you and return you to Home Base as soon as possible.

71.7 URTI leave does not accumulate from year to year and is not paid out on termination of employment.


72 LONG SERVICE LEAVE

72.1 You are entitled to long service leave in accordance with relevant state legislation or Virgin Australia policy, whichever is more favourable to you.

72.2 You may request Virgin Australia provide you with your statutory long service leave at half pay for a period not exceeding double the duration of your statutory long service leave entitlement.

72.3 Where long service leave is not taken within 12 months of it being able to be accessed by the Team Member, Virgin Australia may direct the Team Member to take at least 50% of the entitlement within one (1) month of the direction.

73 PARENTAL LEAVE

73.1 You are entitled to parental leave in accordance with this Agreement or Virgin Australia policy, whichever is more favourable to you.

73.2 A permanent Team Member with at least 12 months Continuous Service at the proposed commencement of the parental leave are entitled to the following in accordance with Virgin Australia policy:

(a) Team Members who will be the primary caregiver for the child are entitled to ten (10) weeks paid parental leave in relation to birth of the Team Member’s child or the child of the Team Member’s spouse. Pay will be at the Team Member's base salary. This leave will be offset against the entitlement to unpaid parental leave in accordance with the Act.

(b) Team Members who will not be the primary caregiver for the child are entitled to two (2) weeks paid parental leave in relation to the birth of the Team Member’s child or the child of the Team Member’s spouse. Pay will be at the Team Member's base salary. This will be offset against the entitlement to unpaid parental leave in accordance with the Act.

(c) If a Team Member is adopting a child, the Team Members is entitled to three (3) weeks paid parental leave in relation to the placement of a newly adopted child where the Team Members is to be the primary caregiver of the child. Pay will be at the Team Member's base salary. This will be offset against the entitlement to unpaid parental leave in accordance with the Act.

73.3 Where a pregnant Team Member provides Virgin Australia with evidence that she is fit for work but that it is inadvisable for her to continue in her role during a particular period of time (‘risk period’) because of illness or risks arising out of her pregnancy or hazards connected to the position, the Team Member is entitled to apply for a transfer to a safe job in accordance with the Act. Virgin Australia will determine what, if any, safe job arrangements are available to the Team Member.

73.4 In accordance with the Act if there are no safe job arrangements available, the Team Member will be directed onto ‘paid no safe job leave’ for the duration of the ‘risk period’. Payment shall be at the Team Member’s base rate of pay.

73.5 On ending unpaid parental leave, a Team Member is entitled to return:

(a) To the Team Member's pre-parental leave position or;

(b) if that position no longer exists--an available position for which the Team Member is qualified and suited nearest in status and pay to the pre-parental leave position.


74 SPECIAL CIRCUMSTANCES LEAVE

74.1 Virgin Australia recognises that there will be times when a Team Member may experience exceptional life circumstances that are beyond their control.

74.2 Special Circumstances Leave may be made available for a Team Member to take time away from the workplace to assist in coping with an unexpected challenge which has occurred in their life.

74.3 In these circumstances, Special Circumstances Leave, which may be either paid or unpaid, may be granted at the discretion of the General Manager.

74.4 If you are approved for paid Special Circumstances Leave, this leave will be paid at the Team Member’s base rate of pay (not including overtime, penalties, allowances, etc).

75 DOMESTIC AND FAMILY VIOLENCE LEAVE

75.1 Virgin Australia recognises that Team Members sometimes face situations of violence or abuse in their personal life that may affect their attendance or performance at work, and is therefore committed to providing support to Team Members that experience family violence.

75.2 “Domestic and family violence” is abusive and/or violent behaviour used by one person to control and dominate another person or persons within a domestic relationship and may include physical, sexual, financial, verbal, or emotional abuse by a family member.

75.3 A Team Member experiencing domestic and family violence will have access to paid leave for medical appointments, legal proceedings, and other activities related to family violence, which will be in addition to existing entitlements and may be taken as consecutive or single days, or as a portion of a day.

75.4 Such leave will be capped at five (5) days per calendar year, and does not accrue.

75.5 Proof of family violence may be required and can be in the form of a document issued by the Police Service, a Court, a Doctor, District Nurse, Maternal Health nurse, family violence support service, or lawyer.

75.6 All personal information concerning family violence will be kept confidential in line with Virgin Australia privacy policies and relevant legislation. No information will be kept in an employee’s records without their express written permission.

75.7 A Team Member experiencing family violence may raise the issue with their immediate Leader, Manager, or a central contact in the People Team.

75.8 Virgin Australia will make every effort where practicable to accommodate:

(a) Any temporary changes to a Team Member’s span of hours, pattern of hours, or rosters;

(b) Change to telephone number or work email address to avoid harassing contact;

(c) Any other appropriate measure including those available under existing provisions for family friendly or flexible work arrangements.


76 LEAVE WITHOUT PAY

Team Members can apply for leave without pay. Virgin Australia will consider all applications for leave without pay subject to your personal circumstances and the operational requirements of the Virgin Australia. If approved, the period of absence will not count as service and leave will not accrue during this time.

77 CAREER BREAK

Virgin Australia may at its discretion approve a leave of absence for up to 12 months for Team Members to pursue personal or professional development opportunities. If approved, the period of absence will not count as service and leave will not accrue during this time.

78 UNATHORISED ABSENCE

If you are absent from work without approval from Virgin Australia you will not be paid. Unauthorised absences of three (3) or more days may be considered abandonment of employment by Virgin Australia and your employment may come to an end.

79 JURY SERVICE

79.1 If a Team Member is required to perform jury service, Virgin Australia will pay the Team Member his or her base salary in accordance with this Agreement for all periods where you attend jury service at times where you would otherwise have been rostered to work.

79.2 The Team Member is required to notify his or her Leader as soon as practicable after receiving the notice and provide Virgin Australia with any cheques or consideration provided by a third party to the Team Member for their jury service.

79.3 You are required to provide proof of attendance if requested by Virgin Australia.

79.4 If you are not required to attend court on a particular day during the Jury Service and you would otherwise be rostered on to work, you are required to attend work for duty.

80 CONTINUITY OF SERVICE AND LEAVE ACCRUALS

If you transfer your employment from another company in the Virgin Australia Group, Virgin Australia will recognise your “start date” and leave accruals with that other Virgin Australia Group company for continuity of service purposes at Virgin Australia.


81 NATIONAL EMPLOYMENT STANDARDS

The National Employment Standards (NES) apply to your employment and nothing in this Agreement excludes the NES, in whole or in part. Team Members are “shiftworkers” for the purposes of the NES.

PART 8 - REGULATORY MATTERS

82 CASA REGULATIONS

Virgin Australia is subject to Civil Aviation and Safety Authority (CASA) requirements. You are required to comply with all CASA requirements, as relevant to your role.

83 ASIC

83.1 Where a Team Member is required by law to obtain an Aviation Security Identity Card (ASIC) to access any Australian airport facilities and secure areas to perform their work, Virgin Australia will facilitate the renewal of the Team Member’s ASIC, including payment or reimbursement of the fee.

83.2 Virgin Australia reserves the right to seek reimbursement of costs from Team members who unreasonably and repeatedly request a replacement card.

84 PASSPORTS AND VISAS

84.1 You must maintain a current passport and relevant visas so as to allow you to gain entry into each port into which you fly. Where you are unable to hold these documents, you accept that this may mean that we cannot allow you to continue your employment with Virgin Australia.

84.2 You will be rostered Duty Time for the purposes of obtaining or renewing a relevant visa. Where applicable, duty travel will be provided for travel to a consulate appointment. There is no requirement for a Team Member to take paid or unpaid leave as a result of the time taken to process a passport or visa, provided the delay is not as a result of the Team Member failing to take reasonable steps to have the passport or visa renewed in a timely manner.

84.3 When your passport or visa details change, you are required to notify Virgin Australia of this change as soon as practicable, and at least before your next rostered Duty.

84.4 We will reimburse the costs associated with the maintenance of your relevant passport (one regular passport only per Team Member) and visas following the provision by you of relevant supporting documentation (including receipts). Costs associated with a priority processing service for passports will be reimbursed where agreed with your Leader in advance or where there was no other option to obtain renewal and remain on rostered Flying duties.

85 FIRST AID TRAINING

We will meet the reasonable costs of Team Members recurring first aid training certificates that we require you to maintain to fulfil your role as a Team Member. In doing so, we may


provide this training in house or alternatively engage a provider to undertake this training for us or direct Team Members to an approved provider.

PART 9 - HEALTH AND SAFETY

86 SAFETY AT WORK

86.1 Virgin Australia will comply with its obligations under Workplace Health and Safety legislation in the states and territories in which it operates.

86.2 Virgin Australia will actively and systematically manage safety related risks associated with the airline and promote the development of a positive safety culture. This will be achieved through the following safety principles:

(a) Management commitment to the establishment and maintenance of safe workplaces and practices.

(b) Actively supporting a system of safety designed around processes, procedures, accountabilities and authorities and not designed around individuals and organisational hierarchies.

(c) Ensuring all people supporting Virgin Australia are provided with the necessary knowledge and skills to perform their role.

(d) Embracing a culture in which management and employees have a shared responsibility, where personal behaviour is fundamental to the achievement of safety outcomes.

(e) Just culture is an organisational value that encourages mutual trust and open reporting by adopting a fair and consistent approach to the management of events.

(f) Safety information is openly communicated.

(g) Through education, Virgin Australia will enable its people to have a common understanding of safety and nature of risk.

(h) Enlisting the support of all staff to develop solutions that eliminate unsafe conditions and practices.

(i) Goals, targets and strategies will be established to improve safety outcomes.

87 HEALTH AND FITNESS

Your continuing employment is conditional upon you maintaining the necessary level of health and fitness to carry out the full range of your duties safely. To this end, you are required to cooperate with us in relation to managing any health related concerns which may affect your ability to perform your role safely.

PART 10 - PERFORMANCE

88 PERFORMANCE MANAGEMENT AND DISCIPLINARY ACTION

88.1 It is important that you have a clear understanding of what is expected of you in your role as a Team Member with Virgin Australia. For this reason, expectations surrounding


performance, conduct and behaviour are set out in this Agreement, your contract of employment, our policies and procedures, and operational manuals.

88.2 Where your performance does not meet the required standards, Virgin Australia may put in place measures to address your performance. These measures may include a development plan and/or disciplinary action (as appropriate). A copy of any performance development plan or disciplinary records will be made available to the Team Member.

88.3 You may be Displaced from your duties or required to attend a meeting in order to participate in discussions in relation to your performance or conduct. This includes circumstances where you are required to assist in matters that involve other employees.

88.4 Where it is alleged that your performance, behaviour and/or conduct is below the required standard, Virgin Australia will follow a process to ensure that any determinations and outcomes resulting in disciplinary action are reached in accordance with the principles of procedural fairness.

88.5 In conducting an investigation, the investigator and any relevant decision maker must adhere to the key principles of procedural fairness. In any investigation:

(a) Allegations of sufficient detail to allow an opportunity for the Team Member to respond must be provided to the Team Member in writing not less than 48 hours before any meeting with Virgin Australia;

(b) The Team Member is entitled to know the substance of any allegations of complaints made against them;

(c) The Team Member must be provided with an adequate opportunity to respond to any allegations put to them;

(d) Virgin Australia must consider the Team Member's response;

(e) All parties must act in a reasonable and timely manner to facilitate the conduct of the investigation and the making of findings.

(f) You will be advised of the decision which will be confirmed in writing together with the reasons for such a decision and any disciplinary or other action taken.

88.6 If Virgin Australia has serious concerns about your performance, conduct or behaviour, including serious misconduct, you may be suspended from performing your duties, on base pay, depending on the circumstances while an investigation is conducted.

88.7 You are entitled to have a representative (individual or organisation) or support person of your choice present in any formal meetings where disciplinary action is a possible outcome.

88.8 In meetings where a disciplinary action is a possible outcome you will be provided with a reasonable opportunity to arrange for a representative or support person to be in attendance.

88.9 Disciplinary investigations will be conducted as confidentially and promptly as is practicable and having regard to the general principles of procedural fairness.

88.10 Virgin Australia will take into consideration any request for additional time where a representative is unavailable at the allocated meeting time however it reserves the right to proceed with formal meetings where time is of the essence and the circumstances warrant timely action by Virgin Australia.

88.11 If your chosen representative is a Virgin Australia employee, and subject to operational requirements, we will attempt to schedule such meetings at a time when this representative is available however there may be times when this is not possible.


88.12 In the event that disciplinary action is taken based on your performance, conduct or behaviour, the range of potential outcomes may include but are not limited to counselling, verbal/written warnings, demotion or termination of your employment.

88.13 In matters other than termination, a Team Member dissatisfied with Virgin Australia’s decision can seek review via the A Fair Go Policy or the Dispute Resolution Procedure set out under this Agreement.

89 SERIOUS MISCONDUCT

89.1 When you are alleged to have engaged in serious misconduct Virgin Australia reserves the right to stand you down effective immediately with pay.

89.2 The procedural steps set out in clause 88 - Performance Management and Disciplinary Action will apply together with Virgin Australia’s policies and procedures regarding performance and dispute resolution. Where there is any inconsistency between this Agreement and Virgin Australia policies, this Agreement will prevail.

89.3 Serious and or wilful misconduct is misconduct which results in the employer no longer being bound to continue with the employment contract and which justifies summary dismissal (i.e. termination of employment, effective immediately, without notice).

89.4 Examples of serious misconduct by an employee include but are not limited to:

(a) a serious breach of your employment contract, Virgin Australia’s code of conduct or policies and procedures;

(b) dishonesty;

(c) theft;

(d) fraud;

(e) assault;

(f) abuse;

(g) bullying, harassment or discrimination, including sexual harassment;

(h) being drunk or under the influence of drugs and or alcohol at work;

(i) persistent or repeated acts of misconduct;

(j) conviction of an offence that constitutes a serious impediment to the carrying out of a Team Member’s duties.

90 PROMOTION AND TRANSFER OPPORTUNITIES

90.1 This clause applies to all promotion and transfer opportunities for roles covered by this Agreement (that is, promotion to Cabin Leader and Flight Manager).

90.2 All such roles will be advertised on the Virgin Australia intranet.

90.3 The criteria for those roles will be set out in the advertisement, or if not in the advertisement, then in other documents clearly referred to in the advertisement and made known to the Cabin Crew workforce.

90.4 Virgin Australia has the right to choose the best Team Member for the role/s advertised from the pool of applicants. In making this decision, Virgin Australia must ensure that the decision and the process by which it arrives at that decision are fair and transparent. Team


Member applicants will receive feedback as to why they may have been unsuccessful in a recruitment process upon request.

90.5 Subject to clause 90.7, internal applicants (i.e. those already employed within the Virgin Australia Group) will be given preference over those employed externally to the Virgin Australia Group.

90.6 Where a Team Member transfers employment from another entity within the Virgin Australia Group to the role of long haul Cabin Crew, the Team Member’s Continuous Service with the previous employer will count as service with Virgin Australia for all service based leave entitlements.

90.7 Virgin Australia may recruit externally from the Virgin Australia Group if:

(a) there is an insufficient number of candidates within the Virgin Australia Group to fill the role/s advertised;

(b) the candidates within the Virgin Australia Group do not meet the relevant job criteria for the role/s advertised; or

(c) for regulatory or operational reasons, there is a need for specific expertise and none of the Virgin Australia Group candidates have that specific expertise.

90.8 Internal Team Members may access the A Fair Go Policy where review is sought.

PART 11 - DISPUTE RESOLUTION PROCESS

91 PROCESS

91.1 Virgin Australia is committed to providing a fair and equitable workplace, and ensuring concerns within the workplace are resolved internally as quickly and effectively as possible.

91.2 If you have a concern about the application of this Agreement or the National Employment Standards (NES) you should in the first instance seek to raise that via the process set out below. The objective of the process is for matters to be resolved at the workplace.

91.3 The first step is for you to raise your concern/concerns with your Leader. Your Leader or their delegate, will consider the matters you have raised and respond within seven (7) days, unless not operationally possible. If the matter relates to your Leader, then your first contact should be your Leader once removed.

91.4 If you cannot resolve the matter with your Leader, you may refer it to your Leader Once Removed (LOR ) (currently, Manager Cabin Crew). Your LOR or their delegate will consider the matter you have raised and respond within seven (7) days.

91.5 If you cannot resolve the matter with your LOR, you may refer it to General Manager, Cabin Crew or their delegate who will consider the matter you have raised and respond within seven (7) days.

91.6 If the matter is unable to be resolved within the workplace and all steps in this process have been taken, either party may refer it to the FWC or another agreed third party.

91.7 The parties may agree to refer the matter to the FWC or agreed third party at any point during this process for conciliation and/ or arbitration.

91.8 Concerns raised by the VACC Council or by a union/representative (in respect of a matter involving five (5) or more Team Members) can commence at clause 91.4 (i.e. be directed to your LOR in the first instance).


91.9 During the Dispute Resolution Process, you may be represented by a representative of a Union, or a person or organisation of your choice. Virgin Australia must recognise the representative for all purposes involved with the resolution of the dispute.

91.10 Subject to any contrary order by the FWC or the agreed third party, each party will bear their own costs in respect of the Dispute Resolution process.

91.11 If you have raised a concern via the Dispute Resolution Process, whilst it is being resolved, you must continue to work in accordance with your contract of employment unless there is reasonable concern about an imminent risk to your health or safety or as agreed between the parties.

91.12 You must also comply with any reasonable direction given by us to perform other available work, either at the same workplace or at another workplace. No party will be prejudiced as to the final settlement by the continuation of work.

92 ROLE OF THE FWC OR AGREED THIRD PARTY

92.1 The role of the FWC or agreed third party is to attempt to settle the matter you have raised by way of conciliation.

92.2 The conciliation will be conducted in private. The parties will participate in good faith and any discussions during the conciliation will remain confidential.

92.3 The parties agree that they will consider in good faith any recommendations or opinions etc provided by the FWC or agreed third party during or as a consequence of conciliation.

92.4 If the matter remains unresolved following conciliation, either party may refer it to the FWC or agreed third party for arbitration.

92.5 The FWC or the agreed third party is empowered to determine the dispute in any manner it sees fit having regard to such rules and processes as the FWC or the agreed third party thinks appropriate.

92.6 The FWC or the agreed third parties’ determination will be final and all parties will accept and abide by it (subject to it being overturned on appeal or stayed pending the determination of an appeal).

PART 12 - OTHER PROVISIONS

93 POLICIES AND PROCEDURES

You must comply with Virgin Australia's policies and procedures as introduced, varied or replaced from time to time.

94 STAFF TRAVEL

Staff travel benefits shall be in accordance with Virgin Australia Group staff travel benefits policy (as amended or replaced from time to time).


95 UNIFORMS

95.1 We will provide you with uniforms which must be worn in accordance with our grooming standards.

95.2 You must, at your own expense, replace any uniform items if replacement becomes necessary as a result of conditions other than fair wear and tear and/or damage during the course of duty.

95.3 Should any item of uniform be lost or stolen, it must be reported as soon as possible.

95.4 Your uniform remains the property of Virgin Australia and should be returned if you leave employment, change position, or we request that you return it.

96 ANTI-DISCRIMINATION

96.1 The parties respect and value diversity in the workplace.

96.2 The parties will help to prevent and eliminate unlawful discrimination in accordance with relevant anti-discrimination legislation.

96.3 The parties acknowledge, in so-far-as operational needs, inherent requirements and flight safety will allow, that all Team Members must be available to fly to rosters created to meet the 24 hour a day 7 days a week operation of Virgin Australia and that they will not otherwise discriminate against another Team Member.

96.4 The parties are bound by and will apply Virgin Australia policies on harassment and discrimination (Fair Go Policy, Virgin Australia Code of Conduct and Equal Employment Opportunity policy as available on the Virgin Australia intranet) and any relevant legislation. You may be asked to assist in any investigation should an incident involving discrimination, harassment or any other form of unacceptable behaviour occur.

97 INTERNMENT

97.1 The following conditions apply to an employee who is posted missing or interned whilst on Company service as a result of hostile action by a foreign nation, whether war is declared or not:

(a) If interned, your pay continues during the period of internment;

(b) If posted missing, your pay continues until such time as your whereabouts are established, but not beyond one (1) year from the time you are posted as missing, provided that Virgin Australia must consider sympathetically continuing payment of pay, or part thereof, beyond one (1) year where your dependents would otherwise be adversely affected, and provided further that if he or she is subsequently discovered to have been interned his or her pay must continue to be paid in accordance with the provisions above;

(c) Pay ceases when death is established or legally presumed and in these circumstances the relevant provisions of the Insurance clause applies.

97.2 Where you are entitled to pay in accordance with the provisions of this clause, it must be paid to such person as is nominated by you, and failing such nomination, it will at Virgin Australia’s discretion be paid either to a dependent next-of-kin selected by Virgin Australia or held by Virgin Australia on trust for your benefit.


98 AIRCRAFT ACCIDENT INSURANCE

98.1 We will self insure you for a death benefit of $300,000 where death occurs whilst Operating or Positioning on an aircraft for duty and that aircraft is involved in an accident.

98.2 The payment of any benefit arising under this clause will be paid expeditiously to your estate.

98.3 This benefit is inclusive of any Worker’s Compensation and Carrier Liability Insurance entitlements but does not apply when you are covered under clause 97 - Internment.

99 TRAVEL INSURANCE

Virgin Australia will provide travel insurance while you are travelling for work (e.g. emergency medical and dental cover, security assistance, medivac etc). Insurance does not provide cover for loss of personal items such as laptops, iPods, iPads, mobile phones, cameras etc.

100 INSURANCE COVER IN WAR LIKE CIRCUMSTANCES

100.1 As a Team Member you will not be required to operate services into hostile or warlike areas. However, Virgin Australia may request volunteers for such operations.

100.2 Should we operate military charter flights into and out of other areas in which hostile or warlike activities may reasonably be said to exist, we will extend the provisions of this clause to such charter flights.

100.3 If you participate in military charter flights you will be protected by our insurance scheme against death for an amount of no less than $150,000 if you are single, and the amount of $250,000 where you have dependents. This benefit will be payable in the event of your death whilst flying into or out of any warlike area, or whilst on the ground in such areas or where death results from any of the following acts:

(a) Acts of war, whether declared or undeclared;

(b) Warlike acts in the course of civil war or armed civil insurrection, deliberate attacks on aircraft by units of armed forces (including shooting or forcing down in time of peace); or

(c) Acts of sabotage; hijacking;

(d) Taking of hostages;

(e) If you suffer a permanent recognised disability as a result of being engaged in the circumstances outlined by this clause and you are no longer capable of effectively performing duties as a Team Member you will receive 50% of the amounts identified in this clause.

101 INDEMNITY

101.1 We will, to the extent permitted by law, indemnify and release you from all claims and demands made against you by any person including by us, our Team Members, Guests and or legal personal representatives:


(a) where the claim or demand is made as a result of injury or loss to a person or property as a result of your negligence in performing your duties in the course of your employment;

(b) except where such injury or loss was caused wilfully by you, unless the injury or loss was beyond your control.

101.2 In addition, in applying this clause, we will:

(a) to the extent permitted by law, provide legal counsel and defend you and your estate in any legal actions arising in connection with the performance of your duties, and indemnify you and hold you harmless from any judgment rendered there under; and

(b) when required to act as a witness for another Team Member, give you a reasonable period free of duty to prepare and appear as a witness, subject to company operational requirements. You will continue to receive annual salary during this time. Where you are required to fly interstate to attend hearings, you will also be provided with travel, accommodation and allowances.

102 STAND DOWN

102.1 From time to time, there may be circumstances in which we need to stand you down. Examples include a bird flu type epidemic or a 9/11 type disaster which affects Virgin Australia’s ability to continue to provide commercial flights. In light of this, you acknowledge that we have the right to stand you down for any cause for which we cannot reasonably be held responsible.

102.2 The right to stand you down is subject to us ensuring that all reasonable options for other paid work and for paid leave have been explored and exhausted before the stand down is implemented.

102.3 We will consult with all affected Team Members and their representatives before implementing any stand down.

102.4 Where a Team Member is stood down under this clause, he or she may seek alternative employment to support him or herself during this period. Such employment must not be in conflict with the Team Member’s obligations and duties to Virgin Australia.

102.5 Virgin Australia will permit the Team Member reasonable time to give notice to the other employer where Virgin Australia recalls the Team Member to duty.

103 LEAVING VIRGIN AUSTRALIA

103.1 Once your probationary period has passed (or if you have no probationary period), you or Virgin Australia may terminate your employment at any time by giving four (4) weeks’ notice.

103.2 If you are over 45 years of age and have at least two (2) years Continuous Service we will provide you with an additional weeks’ notice.

103.3 We may terminate your employment by making payments in lieu of notice (or a combination of notice and payments in lieu). We are not however required to give notice or make payments in lieu if you engage in serious misconduct. You and Virgin Australia may also agree to waive any notice period that is required.


103.4 If you resign from Virgin Australia and do not provide the required period of notice, we have the right to withhold monies equal to an amount that you would have been paid for the period of notice not provided.

103.5 On termination of your employment, you are required to immediately return all of our property (including all uniform items issued to you or otherwise branded with Virgin Australia marks) and any confidential documents you may have in your possession. Failure to do so will entitle us to deduct from your final payment an amount equivalent to replacing the property which you have failed to return.

103.6 The notice requirements set out in this clause do not apply to casual Team Members.

103.7 If requested to do so by a Team Member whose employment has come to an end, Virgin Australia will provide a Team Member with a Certificate of Service within five (5) business days of the request.

104 REDUNDANCY

104.1 If Virgin Australia decides that your role is redundant, then the redundancy provisions and payments as set out in the Act or the applicable Virgin Australia policy will apply, whichever is more favourable.

104.2 You will receive notice of termination in accordance with the terms of this Agreement and severance payment in the event your employment is terminated due to redundancy.

104.3 You will not be entitled to a severance payment if Virgin Australia provides an offer of suitable alternative employment or if you accept an alternative role with Virgin Australia,

104.4 If your employment is terminated by reason of redundancy, you may terminate your employment during the notice period and, if so, you will be entitled to the same benefits and payments under this clause as if you had remained with Virgin Australia until the expiry of the notice period. However, in this circumstance, you will not be entitled to payment in lieu of notice.

104.5 Where you have been given notice of termination by reason of redundancy, you are to be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.


105 DELEGATES’ RIGHTS AND LEAVE

105.1 Delegates’ rights

(a) Virgin Australia will recognise up to two (2) delegates of the Unions and will treat those delegates fairly.

(b) Virgin Australia will allow delegates to perform their role as union delegate without any discrimination in their employment.

(c) In allowing a union delegate to perform their role, delegates will be allowed a reasonable amount of paid time, if the Team Member is rostered on to work, to attend to Union matters.

(d) Time spent performing representational type work does not count towards a Team Member’s overtime calculations.

105.2 Delegates’ leave

Unless otherwise agreed, Virgin Australia will grant the release of up to two (2) Team Members who have been elected as officers of the Unions for up to eight (8) days in total per calendar year per Union, to conduct trade union delegate training and to attend meetings convened by the relevant Union. This is subject to the relevant Union providing sufficient notice of the request for release to allow it to be rostered as a duty or for operational requirements to allow this to occur.

106 SUPPLY CHAIN RESPONSIBILITY AND INDUSTRY BEST P RACTICE

Virgin Australia will discuss with the TWU a “Charter of Supply Chain Responsibility” to be developed between Virgin Australia and the TWU within 12 months of the commencement of this Agreement.


SIGNATORIES

Signed for and behalf of VIRGIN AUSTRALIA AIRLINES PTY LTD (ACN 090 670 965)

Signature Print Name

Witness Print Name

Date

Signed for and behalf of the TEAM MEMBERS

Signature Print Name

Witness Print Name

Date


DETAILS OF SIGNATORIES

Employer

I, John Thomas, of Virgin Australia c/- 56 Edmonstone Road, Bowen Hills, Qld, 4006 am authorised to sign this Agreement on behalf of the Employer, Virgin Australia Airlines Pty Ltd

…………………. Signature

…………………. Date

Bargaining Representative for Team Members

I, Teri O’Toole, Secretary of the FAAA International Division c/- 20 Ewan Street, Mascot, NSW 2020 am authorised to sign this Agreement on behalf of the Team Members.


…………………. Date

I, Anthony Sheldon, National Secretary of the Transport Workers Union c/- 388-390 Sussex Street, Sydney, NSW 2000 am authorised to sign this Agreement on behalf of the Team Members.


…………………. Date

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