Pilots’ Dispute Ends in a Whimper

The IRC could not permit the AFAP to become respondents to seven airline awards without safeguards and to test the “sufficient doubt” as to the bona tides of the Federation. Proceedings were adjourned until May 15 when the airlines and the Federation will report back on applications by AFAP members for vacancies with the airlines. That “sufficient doubt” is as a result of the AFAP’s own actions, notably denying responsibility for the smear campaign against what it described as ‘scab’ pilots and, of course, bans on its members seeking jobs with the airlines.

However, according to the airlines, vacancies are few and far between, with none presently available in the Ansett group of companies and only 15 with Australian Airlines as at mid March. Earlier in the week the companies had told the Commission the AFAP was “in fantasy land” if it assumed its 1,300 unemployed members would regain their jobs with the airlines. However, further vacancies could become available through expansion of services, the departure of staff and through the cessation of use by the airlines of aircraft (and their crews) chartered from overseas.

Ansett ended its charters in March and Australian was due to end its on April 26. The capacity vacuum left by the departing charter aircraft though was due to be filled by company aircraft using crews who had in the last few months been largely involved in conversion training rather than line flying. To cope with hopefully increased demand in the year ahead, research by this magazine has indicated a possible requirement for perhaps 100 additional jet pilots by the existing majors with another 100 being required by the new entrants who do actually become operational by mid 1991. The only other growth areas were with the regional airlines and charter operators.

The Commission hearings were basically a series of backdowns by the AFAP along with the presentation of some conditions for the readmission of the AFAP into the national wages structure. These included abiding by any subsequent decision of the Commission about an award variation or variations covering the hiring of pilots subject only to its right under the Industrial Relations Act, desisting from any action other than through the Commission to prevent or discourage pilots from seeking or gaining employment in accordance with the awards, advising its members that they should not harass or intimidate working pilots and neither organise nor support pickets in relation to matters which have been in dispute since August last year.

These conditions were agreed to by the AFAP along with the major concession that it would not seek a return to work based on the pilots’ previous seniority. The latter point more than any other sums up the AFAP’s complete capitulation in the matter, as this had previously been a major point of contention which prevented the progress of negotiations.

The Commission used some harsh words against the AFAP in its 14 page decision. It referred to the Federation’s “sophistry” in its arguments on employment bans and harassment of so-called ‘scab’ pilots – in other words it found the AFAP had lied. Continuing harassment of working pilots had indeed not done much to raise the credibility amongst the general public of the pilot’s cause. Police reports of violence against working pilots had included alleged acts of physical abuse and damage to property more akin to the actions of thugs rather than a disciplined group of specialists operating in a highly technical profession. Whilst the AFAP distanced itself from these events, it was still seen by the IRC as being their membership which was responsible for the problem. It summed up the situation by saying “much of the unhappiness of the past seven months has stemmed from a conviction held within the Federation that it and its members were special – that the normal processes of industrial relations were inappropriate for them”.

The airlines are naturally happy with the outcome of the hearings. In a statement issued jointly by all the airlines concerned they said: “The Commission decision reflects submissions made by the airlines throughout the IRC’s hearings-submissions consistently rejected by the AFAP”. The Commission specifically supported the airlines’ case that the AFAP has “defied Commission recommendations and directions, it has harassed and intimidated persons employed under Commission awards, and it has been forced to recant only by its utter defeat in the jungle war to which it committed itself as long ago as February last year”.

Thus (almost) ends a sad chapter in the history of Australian industrial relations, one which has caused enormous amounts of hardship to people in industries dependent on air transport and has also inconvenienced hundreds of thousands of ordinary travellers.

Only the importation of chartered airliners and the magnificent efforts of the RAAF, saved Australia from total economic calamity, all brought about by an ill-judged attempt by the AFAP to strengthen its own position in the face of forthcoming deregulation and to grab a wage increase well beyond the accepted guidelines. Even the ACTU had advised the AFAPnot to embark on its wages strategy and failure to heed that advice had resulted in no support from that organisation and the comment that the Federation therefore had to accept the consequences of being out of the wages system.

The result was that everybody lost.