Tigerair Australia Pilots’ Enterprise Agreement 2018

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Tigerair Australia Pilots’ Enterprise Agreement 2018

Table of Contents

1 TITLE ...... 4 2 PARTIES ...... 4 3 DURATION ...... 4 4 APPLICATION ...... 5 5 MANAGEMENT PILOTS ...... 5 6 RENEGOTIATION ...... 6 7 NO EXTRA CLAIMS ...... 6 8 TIGER PILOTS CONSULTATIVE COMMITTEE ...... 6 9 CONSULTATION ...... 7 OPERATIONAL PROVISIONS ...... 8 10 FLEXIBILITY CLAUSE ...... 8 CLASSIFICATION AND LOCATION ...... 10 11 A PILOT’S CLASSIFICATION ...... 10 12 A PILOT’S HOME BASE ...... 10 13 DUAL SIGN ON BASE ...... 10 14 LOSS OF LICENCE COVERAGE ...... 11 15 INDEMNITY ...... 11 INCIDENTS & INVESTIGATIONS ...... 11 16 DISCIPLINARY INVESTIGATIONS ...... 11 17 DISCIPLINARY AND TRAINING RECORDS ...... 13 18 SAFETY INVESTIGATIONS ...... 13 DISPUTE SETTLEMENT PROCESS ...... 14 19 PROCESS ...... 14 20 TRAINING ...... 15 21 CATEGORIES OF EMPLOYMENT ...... 16 22 TIGERAIR PILOTS’ LIST ...... 17 23 STAND DOWN PROVISION ...... 17 24 HOURS OF WORK AND ROSTERING ...... 17 25 CAREER PROGRESSION AND TRANSFER OPPORTUNITIES ...... 18 26 CAREER PROGRESSION PROCESS ...... 19 27 TRANSFERS (PERMANENT OR TEMPORARY) BETWEEN BASES ...... 22 28 REMUNERATION AND SALARIES STRUCTURE...... 22 29 ALLOWANCES ...... 25 30 ACCIDENT MAKE-UP PAY ...... 30 31 DUTY TRAVEL ...... 30 32 SUPERANNUATION ...... 31 2

33 ANNUAL LEAVE AND PUBLIC HOLIDAYS ...... 32 34 PERSONAL LEAVE ...... 33 35 UNPAID CARER’S LEAVE AND COMPASSIONATE LEAVE ...... 34 36 UPPER RESPIRATORY TRACT INFECTION (URTI) LEAVE ...... 34 37 ILLNESS WHILST ON DUTY ...... 34 38 PARENTAL LEAVE...... 34 39 JURY LEAVE ...... 35 40 LONG SERVICE LEAVE ...... 35 41 UNPAID LEAVE ...... 36 42 DOMESTIC AND FAMILY VIOLENCE LEAVE ...... 36 43 DEFENCE LEAVE ...... 36 44 NATIONAL EMPLOYMENT STANDARDS (NES) ...... 37 OTHER PROVISIONS ...... 37 45 CONTINUITY OF SERVICE AND LEAVE ACCRUALS ...... 37 46 SECONDMENTS ...... 37 47 FLEET TRANSITION AND REPLACEMENT ...... 38 48 BOND AND ENDORSEMENT ARRANGEMENTS ...... 38 49 OTHER WORK AND PRIVATE FLYING ...... 40 REGULATORY MATTERS ...... 40 51 PASSPORTS ...... 40 52 TERMINATION ...... 40 53 REDUNDANCY ...... 41 APPENDIX A: Seniority and Upgrade Protocol ...... 43 APPENDIX B: Roster Rules ...... 48 APPENDIX C: Part Time Employment ...... 59 APPENDIX D: Job share arrangements...... 61 APPENDIX E: International Operations ...... 63 APPENDIX F: Definitions ...... 65 SIGNATORIES ...... 69

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GENERAL

1 TITLE

This Agreement is called the Tigerair Australia Pilots Enterprise Agreement 2018 (herein referred to as "this Agreement").

2 PARTIES

2.1 The parties to this Agreement are:

(a) Tiger Airways Australia Pty Ltd (Tigerair); (b) the Australian Federation of Air Pilots (AFAP), subject to application being made by them in accordance with section 183 of the Fair Work Act to be covered by the Agreement; (c) VIPA, subject to application being made by them in accordance with section 183 of the Fair Work Act to be covered by the Agreement; (d) any other bargaining representative, subject to application being made by them in accordance with section 183 of the Fair Work Act to be covered by the Agreement; and (e) all Pilots employed by Tigerair (Pilots).

3 DURATION

3.1 This Agreement commences seven (7) days after approval by the Fair Work Commission (FWC) (Commencement Date).

3.2 The Agreement will nominally expire on 31 March 2022 ("nominal expiry date").

3.3 The Agreement will continue to apply after its nominal expiry date in accordance with the Act.

3.4 The parties acknowledge that the following clauses of this Agreement will commence in accordance with the following timeframes:

Clause reference Implementation timeframe

Clause 8.1(a) of APPENDIX B: Roster Rules 1 July 2019 – standby period Until this time, the Pilot Roster Protocol set out in Appendix B to the Tigerair Pilots Australia Enterprise Agreement 2014 continue to apply.

APPENDIX B: Roster Rules (with the Second full roster period following exception of clause 8.1(a) of APPENDIX B: Commencement of the Agreement. Roster Rules) Until this time, the Pilot Roster Protocol set out in Appendix B to the Tigerair Pilots Australia Enterprise Agreement 2014 continues to apply.

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Base pay (clause 28.2), flight pay (clause First full pay period following the 28.3), and all allowances in clause 29. Commencement of the Agreement.

Roster-related allowances/credits – clause Second full roster period following 28.2(h) Commencement of the Agreement.

4 APPLICATION

4.1 This Agreement expressly excludes application to all Management Pilots.

4.2 This Agreement is a comprehensive agreement and replaces and excludes all other agreements and awards that might otherwise apply to the Pilots covered by this Agreement.

4.3 This Agreement does not exclude State laws dealing with occupational health and safety, long service leave and workers compensation.

4.4 Tigerair will provide access to a copy of this Agreement through electronic means to each Pilot upon commencement or initial employment.

4.5 This Agreement shall be read and interpreted in conjunction with the CAA, CARs, CAOs, CASRs and any exemptions that apply provided that, where there is any inconsistency, Tigerair must operate at least in accordance with the CAA, CARs, CAOs, CASRs. Where this Agreement provides for additional limitations or conditions, the Agreement will apply.

5 MANAGEMENT PILOTS

5.1 While this Agreement does not apply to Management Pilots at Tigerair Australia, Management Pilots will retain their position on the Tigerair Pilots’ List. Management Pilots are eligible to bid for and be awarded any Pilot position in accordance with their position on the Tigerair Pilots’ List or are able to return to a Check, Training or line operations position they previously held. Where this occurs, the former Management Pilot:

(a) will be bound by the terms and conditions of this Agreement and their position on the Tigerair Pilots’ List will be recognised for all purposes; and (b) when returning to a line operations position, will return to their previously held position or such position that they have been awarded whilst in a management role as a result of a successful bid. Should that position (ie. fleet, rank or base) no longer exist, then they would be returned to a position in accordance with their position on the Tigerair Pilots’ List.

5.2 It is recognised that if a Management Pilot’s currently held management position does not allow the Pilot to take up the awarded Tigerair position immediately, then the Management Pilot is not obliged to immediately transition to that role and will be entitled to hold that position. The transition of the Management Pilot to Line Pilot role will not result in the displacement of an Existing Pilot.

5.3 If a Management Pilot undertakes flying duties they will be given a Date of Joining on the Tigerair Pilots’ List which is determined by their date of commencement of employment, or the date that Pilot commenced flying duties if that is later.

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6 RENEGOTIATION

The parties agree to commence discussions in relation to a replacement agreement no later than six (6) months prior to the nominal expiry date of this Agreement. 7 NO EXTRA CLAIMS

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

7.2 It is a term of this Agreement that the parties will not support or advance any other or extra claims against each other for so long as this Agreement remains within its nominal term.

7.3 It is also a term of this Agreement that the parties will not engage in any industrial action in support of or for the purpose of advancing any other or extra claims against each other for so long as this Agreement remains within its nominal term.

CONSULTATIVE COMMITTEE

8 TIGER PILOTS CONSULTATIVE COMMITTEE

8.1 The Tigerair Pilot Consultative Committee (TPCC) will be responsible for overseeing implementation and application of this Agreement, as well as facilitating communication and consultation between Tigerair and Pilots on all employment, operational and safety matters.

8.2 The TPCC shall comprise management representatives and the following pilot representatives:

(a) a nominee from each of the AFAP and VIPA (who is a Tigerair Pilot) (Union Pilot Representatives);

(b) One (1) Pilot to represent Melbourne Base, who will be nominated, and where necessary, elected by the Pilots in that Base (Base Pilot Representative);

(c) One (1) Pilot to represent Sydney Base, who will be nominated, and where necessary, elected by the Pilots in that Base (Base Pilot Representative); and

(d) One (1) Pilot to represent Brisbane Base, who will be nominated, and where necessary, elected by the Pilots in that Base (Base Pilot Representative).

8.3 An official of the AFAP and VIPA will be invited to participate in the TPCC.

8.4 A Pilot Representative’s term on the TPCC will be for a maximum period of 24 months. Should a Pilot Representative vacancy arise during a 24 month term, a replacement Pilot Representative will be appointed for the remainder of the term by nomination and, where necessary, by election. Elections will be documented and transparent and organised by Tigerair. Tigerair may conduct the elections in-house or refer them to a third party provider.

8.5 Unless otherwise agreed by the TPCC, the management representative numbers on the TPCC will not exceed the Pilot numbers.

8.6 The TPCC may agree additional attendees where necessary. Whilst all reasonable provisions are to be made to ensure nominated representatives can attend, the absence of a nominated

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representative will not, by itself, be cause for the meeting not to proceed.

8.7 The TPCC shall meet quarterly, or more frequently if reasonably required at the request of either Tigerair or a member of the TPCC. Meeting attendances will be in person, unless otherwise agreed with the individual Pilot Representative or where operational circumstances require. Tigerair is not required to roster more than two (2) of the Base Pilot Representatives as outlined in clause 8.2 above to attend each meeting with priority given to ensuring that all bases are represented at the meeting.

8.8 Subject to clause 8.7, pilot representatives who are not on approved leave shall be rostered to attend all meetings of the TPCC.

8.9 If one of the Pilot Representatives is unavailable to meet or if a process to fill a vacant position is underway, the TPCC will proceed with the remaining available Pilot Representatives. The unavailable Pilot may nominate a proxy from his/her union to attend the meeting on his/her behalf, subject to sufficient notice being provided to facilitate their attendance. If the majority of the Pilot Representatives are unavailable to meet, the TPCC meeting will be rescheduled to meet within one (1) month unless otherwise agreed between the TPCC and Tigerair.

8.10 The normal costs associated with a Pilot Representative carrying out the functions of the TPCC shall be met by Tigerair, such as travel, accommodation and meal allowances when meetings are not held in a Pilot’s Home Base.

8.11 Agreement of the TPCC shall be agreement by a majority of TPCC representatives. Any agreement made by the TPCC shall be recorded in writing and provided to the Pilot group.

8.12 Tigerair shall ensure agreed action items are published to the Pilot group no later than fourteen days following each meeting.

9 CONSULTATION

9.1 For the purpose of this Agreement, consultation is a process that:

(a) is aimed at getting individuals or groups to suggest or respond to proposals to be implemented without at the same time giving up management’s right to make the final decision on these matters. It provides an opportunity to present a point of view or state an objection; and

(b) involves the timely exchange of relevant information so that the parties have an actual and genuine opportunity to influence the outcome before a final decision is made.

9.2 Tigerair will consult with affected Pilots and their nominated representatives (including the AFAP and VIPA) over any proposals for major workplace changes that are likely to have a significant effect on Pilots. This will include any proposal to introduce a major change to the regular roster or ordinary hours of work of Pilots.

9.3 The process of consultation will include:

(a) The timely provision in writing of all relevant information, including details of the change, the likely effects on Pilots, the reasons for the proposed change and, where relevant, a proposed implementation date;

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(b) Discussion on measures to avert or mitigate any adverse effects on Pilots;

(c) Provision of reasonable resources, including attendance at scheduled meetings, air travel, accommodation and allowances, for Pilots to fully participate in the consultation process;

(d) Genuine consideration of Pilots’ and their representatives’ suggestions, ideas and contributions;

(e) Genuine opportunity for Pilots and their representatives to affect the outcome.

9.4 As soon as a final decision has been made, Tigerair must notify the affected Pilots in writing and explain the effects of the decision.

9.5 This notification in writing must include details about the proposed change, the effects and an implementation date. The implementation date will not be earlier than 14 working days from the date of notification, unless safety or other genuine operational concerns demand otherwise.

9.6 Tigerair will not be obliged to disclose confidential or commercially sensitive information during the consultative process.

9.7 Tigerair must act in good faith in relation to the consultation process provided in this clause.

9.8 In this clause:

(a) ‘Good faith’ includes obligations to meet, disclose relevant information, genuinely consider proposals and respond with reasons, and to refrain from capricious or unfair conduct that undermines consultation;

(b) A major workplace change is “likely to have a significant effect on Pilots” if it results in:

a major change to the composition, operation or size of Tigerair’s workforce or to the skills required of Pilots; i. the elimination or diminution of job opportunities (including opportunities for promotion or tenure); ii. the alteration of hours of work; iii. the need to retrain Pilots; iv. the need to relocate Pilots to another workplace; v. the restructuring of jobs and/or a situation that may give rise to redundancies; vi. changes to the legal or operational structure of Tigerair or its business; vii. the transition arrangements for the introduction of a new aircraft type. 9.9 While consultation is taking place, the parties will respect the status quo.

OPERATIONAL PROVISIONS

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10.1 Notwithstanding any other provision of this Agreement, Tigerair and an individual Pilot may agree to vary the application of certain terms of this Agreement to meet the genuine individual needs of Tigerair and the individual Pilot. The terms to which Tigerair and the individual Pilot may agree to vary the application are as follows:

(a) Arrangements for when work is performed;

(b) Checking, Training and Specialist duties;

(c) Allowances;

(d) Provisions relating to salary sacrifice; and

(e) Provisions relating to the bond repayment scheme.

10.2 Tigerair and the individual Pilot must have genuinely made the agreement without coercion or duress.

10.3 The agreement between Tigerair and the individual Pilot must:

(a) be confined to a variation in the application of one or more of the terms listed in clause 10.1; and

(b) result in the Pilot being better off overall than the Pilot would have been if no individual flexibility agreement had been agreed to.

10.4 The agreement between Tigerair and the individual Pilot must also:

(a) be in writing, name the parties to the agreement and be signed by Tigerair and the individual Pilot (and if the Pilot is under 18 years of age, signed by a parent or guardian of the Pilot);

(b) state each term of this Agreement that Tigerair and the individual Pilot have agreed to vary;

(c) detail how the application of each term has been varied by agreement between Tigerair and the individual Pilot;

(d) detail how the agreement results in the individual Pilot being better off overall in relation to the individual Pilot's terms and conditions of employment; and

(e) state the date the agreement commences to operate.

10.5 Tigerair must give the individual Pilot a copy of the agreement and keep the agreement as a time and wages record.

10.6 Other than otherwise provided for in this clause, the agreement must not require the approval or consent of a person other than Tigerair and the individual Pilot.

10.7 The agreement may be terminated:

(a) by Tigerair or the individual Pilot giving no more than 28 days’ notice of termination, in 9 w

writing, to the other party and the agreement ceasing to operate at the end of the notice period; or

(b) at any time, by written agreement between Tigerair and the individual Pilot.

10.8 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between Tigerair and an individual Pilot contained in any other term of this Agreement.

CLASSIFICATION AND LOCATION

11 A PILOT’S CLASSIFICATION

11.1 A Pilot's classification, including the Pilot's rank and aircraft type, will be advised in the Pilot's offer of employment letter.

11.2 At the time of engagement Tigerair will inform each Pilot of the terms of their engagement and in particular whether they are full-time or part-time. Tigerair will also advise the Pilot about the duration of any probationary period, which will be the earlier of either six (6) months from successful Proficiency Check (PC) or nine (9) months from the commencement of employment.

11.3 Any change to a Pilot's classification will only occur by agreement between Tigerair and the Pilot (other than where reclassification arises out of disciplinary proceedings).

11.4 Any change to a Pilot's reclassification will be advised in writing within a reasonable period prior to the effective date of the reclassification. This advice will include the terms of the appointment, the salary to be paid, and the allowances applicable to the appointment, but shall not be any less than provided for in this Agreement.

12 A PILOT’S HOME BASE

12.1 A Pilot's Home Base on commencement with Tigerair will be agreed between the Pilot and Tigerair and confirmed in Tigerair's offer of employment.

12.2 Pilots may for genuine operational requirements be required to work in any of Tigerair's operations within Australia for up to six (6) days without the requirement for a transfer. Where practicable, Tigerair will utilise Pilots who have a preference to undertake extended patterns.

12.3 For genuine operational requirements and subject to clause 27 of this Agreement, a Tigerair Pilot may be required to transfer their Home Base on either a temporary or permanent basis to any other Base within Australia by Tigerair providing a minimum of one (1) month's notice. Any change to a Pilot's Home Base, and the reasons for the change shall be notified by Tigerair to the Pilot in writing, stating the effective date of such change.

13 DUAL SIGN ON BASE

13.1 Where a Pilot is required to operate from a Base or Port other than their Home Base, the Pilot shall be entitled to either:

(a) sign on at their Home Base, and be provided at Tigerair's expense with transport to and from the operating base or Port. Such sign on and transport will be conducted within the 10 w

flight and duty time limitations; or

(b) where the Pilot and Tigerair agree, the Pilot may elect to provide their own travel and sign on at the operating base or Port in which case the Pilot shall be paid an allowance at the applicable ATO rate per kilometre rate based on the return distance between the sign on base and the operating base.

14 LOSS OF LICENCE COVERAGE

14.1 In order to assist a Pilot hold adequate cover against loss of license, Tigerair will reimburse Pilots the cost of loss of licence cover up to amount specified in clause 14.2 below upon production of evidence of expenditure:

(a) $1795 per year effective from the first full pay period following commencement of the Agreement (for cover obtained or renewed in the preceding 12 months).

(b) This rate will increase by 2.5% on each of 12, 24 and 36 months after the Commencement Date.

14.2 Tigerair may agree to bulk billing arrangements for the above reimbursements.

15 INDEMNITY

15.1 Tigerair will, to the extent permitted by law, indemnify and release Pilots from all claims and demands made against them (whether made during or after the period of the Pilot’s employment) by any person including by Tigerair, other Pilots, Guests and or their legal personal representatives:

i. Where the claim or demand is made as a result of injury or loss to a person or property that is caused or contributed to by a Pilot (whether by negligence or any other act or omission) in performing their duties in the course of employment;

ii. Except where such injury or loss was caused wilfully by the Pilot, unless the injury or loss was beyond the Pilot’s control.

15.2 In addition, in applying this clause, Tigerair will:

iii. To the extent permitted by law, provide legal counsel and defend Pilots and their estates in any legal actions arising in connection with the performance of the Pilot’s duties, and indemnify them and hold them harmless from any judgment rendered there under; and

iv. When required to act as a witness for another Pilot, give them a reasonable period free of duty to prepare and appear as a witness, subject to Tigerair operational requirements. Pilots will continue to receive their salary during this time. Where a Pilot is required to travel away from their home base to attend hearings, they will also be provided with travel, accommodation and allowances.

INCIDENTS & INVESTIGATIONS

16 DISCIPLINARY INVESTIGATIONS

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16.1 Where a Pilot is alleged to be involved in a disciplinary matter, they may be suspended on full pay pending investigation of the incident.

16.2 The conduct of an investigation may involve an initial fact finding exercise. Depending on the circumstances, this may or may not be followed by the making of allegations against a Pilot and a disciplinary process.

16.3 A Pilot may agree to attend a meeting on a Rostered Day Off (RDO), day free of duty (DFOD) or Annual Leave day; however they cannot be required to attend. If they choose to attend a meeting on a RDO or Annual Leave day they will receive a substitute day off (SDO) but they will not receive a VOFF payment in accordance with APPENDIX B: Roster Rules, clause 11.

16.4 At all stages in the process, the investigator and any relevant decision maker must adhere to the key principles of procedural fairness set out below:

(a) at any stage in the process, a Pilot can require that they be given three (3) business days’ notice of any meeting (i.e. notice given to a Pilot at 4pm on Monday can be followed by a meeting at 4pm on Thursday) to give them an opportunity to arrange representation, take advice and otherwise prepare; (b) the Pilot is entitled to know the substance of any allegations of complaint made against them. All allegations must be provided to the Pilot in writing at the earliest possible time but not less than three (3) business days prior to the requested response date; (c) the Pilot must be provided with an adequate opportunity to respond to any allegations put to them; (d) Tigerair must consider the Pilot’s response before making a decision. (e) All parties must act in a reasonable and timely manner to facilitate the conduct of the investigation and the making of findings; and (f) All parties to the decision must be heard and all relevant arguments considered before a decision is made.

16.5 Tigerair will not interview a Pilot in relation to any disciplinary matter before putting the allegations to a Pilot in writing and allowing them sufficient time to prepare a response.

16.6 Where a Pilot is subsequently cleared of all allegations, they will receive pay in accordance with their original roster. They will not, however, receive any meal, accommodation/ overnight and incidentals allowances.

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

16.8 In the event that the Pilot engages in serious misconduct, Tigerair may, as an alternative to termination of employment:

(a) Demote a Pilot to a lower rank; or (b) Apply a bidding freeze which precludes the Pilot from bidding for a higher rank for a fixed period of time.

16.9 In the case of demotion:

(a) A Pilot will be provided an opportunity to respond to any adverse finding before a final decision is made with respect to the demotion. (b) In the first instance, a Captain will not be demoted to a status below that of a First Officer.

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(c) Demotion will be for a fixed period dependent on the severity of the matter. The duration of the demotion will be communicated to the Pilot at the outcome stage. (d) Pilots will be paid at the rate of pay for the lower rank.

16.10 In the case of a bidding freeze:

(a) A Pilot will be provided an opportunity to respond to any adverse finding before a final decision is made with respect to the freeze. (b) Tigerair will advise the affected Pilot in writing of the length of the freeze period and the date when the Pilot will be released from the bidding freeze.

16.11 Prior to being returned to a Captain position, the Pilot will be required to complete any necessary training (as determined on a reasonable basis by Tigerair) and successfully check to line.

16.12 Pilots may elect to progress a dispute concerning a disciplinary matter via the Dispute Settlement Process.

16.13 The Pilot may choose to have any person(s) (including a union official) represent them during an investigation/appeal process (unless they are a witness or respondent to that investigation). Tigerair must recognise the representative(s) for all purposes involved with the investigation/appeal.

17 DISCIPLINARY AND TRAINING RECORDS

17.1 Pilots are able to view and access any disciplinary (e.g. warnings) or training records and make copies or notes of the contents, subject to a reasonable request being made. A copy of any disciplinary record or adverse training finding must be provided to the Pilot at the time of issue.

17.2 Pilots have the right to seek answers regarding disciplinary or training records if they require further information about this documentation. If a Pilot believes that the documents have not been brought to their notice, the Pilot has the right to seek review.

17.3 For the purposes of this clause, a disciplinary record means any record that Tigerair seeks to rely on in respect of any disciplinary matter.

18 SAFETY INVESTIGATIONS

18.1 A Pilot may be removed from duty on full pay to assist with a safety investigation arising from a report or an FDAP event.

18.2 A Pilot may agree to attend a meeting on an RDO, or Annual Leave day, however they cannot be required to attend on this day.

18.3 Where a Pilot agrees to attend a meeting or participate in training associated with a safety investigation they will not be entitled to a working on an RDO or Annual Leave day payment for doing so, although the Pilot will be eligible for allowances (where applicable).

18.4 The Pilot may elect to have a support person of their choosing attend any meetings associated with a safety investigation (unless that person is also subject to or is a witness to that safety investigation). 13 w

18.5 Tigerair Australia will, at the request of a Pilot, brief and involve the nominated safety representative of the Pilot’s respective representative association about any safety investigation involving that Pilot.

18.6 Where requested, Tigerair will brief the representative in relation to ongoing developments of the investigation, the outcome, safety recommendations and changes to the procedures implemented as a result of the safety incident.

DISPUTE SETTLEMENT PROCESS

19 PROCESS

19.1 If a Pilot has a concern about the application of this Agreement or the National Employment Standards (NES), they must raise that via the process set out below. The objective of the process is for matters to be resolved at the workplace.

19.2 The steps in the process are as follows:

(a) Step 1 - The Pilot to raise their concerns with their manager. The Pilot’s manager or their delegate will consider the matters the Pilot has raised and respond within seven (7) days. (If the matter relates to the Pilot’s manager, the Pilot’s first contact should be the Head of Flying Operations).

(b) Step 2 - If a Pilot cannot resolve the matter with their manager, they may refer it to the Head of Flying Operations (or delegate), who will consider the matters the Pilot has raised and respond within seven (7) days.

(c) Step 3 - If the matter is unable to be resolved at the workplace and all steps in this process have been taken, either party may refer it to the FWC or another agreed third party.

19.3 Concerns raised by the TPCC or by a union party to this Agreement in respect of a matter involving three (3) or more Pilots can commence at Step 2 of clause 19.2.

Role of FWC or Agreed Third Party 19.4 The role of FWC or agreed third party is to attempt to settle the matters raised by way of conciliation.

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

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

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

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

19.9 FWC/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 14 w

appeal).

Right of Representation 19.10 During the above process, Pilots have the right to be represented by a person(s) or organisation of their choice. Tigerair must recognise the representative(s) for all purposes involved with the resolution of the dispute.

Costs 19.11 Subject to any contrary order by FWC/the agreed third party, each party will bear their own costs in respect of the Dispute Settlement Process.

Continuation of Work During this Process 19.12 If Pilots have raised a concern via the Dispute Settlement Process, whilst it is being resolved, they must continue to work in accordance with their contract of employment unless they have a reasonable concern about an imminent risk to their health or safety.

19.13 Pilots must also comply with any reasonable direction given by Tigerair 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.

20 TRAINING

20.1 Training Details

(a) Where Tigerair requires a Pilot to maintain minimum qualifications for a particular aircraft type, all facilities, and reasonable access to training, and other costs associated with re- attaining and maintaining those qualifications will be the responsibility of Tigerair.

(b) Where a Pilot fails to reach or maintain a standard required on an initial check, the Pilot will receive further retraining and subject to successful completion of the training, a subsequent check. The Pilot may elect to have a different Check Captain for the second check.

(c) Where a Pilot fails to reach the standard required on the second check, the Pilot may receive further retraining and subject to successful completion of the training, a subsequent check. The Pilot may elect to have a different Check Captain for the third check.

(d) Where a Pilot fails to achieve the required standard from a third check, a decision will be made by Tigerair on any future action which may include but is not limited to reclassification or termination of employment.

(e) Wherever practicable, Tigerair will not require a Pilot to undertake any flight or standby duties on the same day as any ground training unless agreed by the Pilot.

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20.2 Simulator Sessions

SIM Roster Planning - Duty time limitations

(a) Unless mutually agreed otherwise, Pilots shall not be rostered for a cyclic check within seven (7) days of returning from more than five (5) days of Annual Leave.

(b) Subject to recency requirements and unless mutually agreed otherwise, a Pilot is required to be rostered at least two (2) sectors prior to the cyclic check.

(c) A tour of duty that includes a Simulator Duty will be treated as within the Pilot's roster limits. For the purposes of duty hour calculations, simulator flight time shall be credited at duty multiplied by 1.5. Pilots will not be scheduled for more than four (4) hours simulator flight time within the same duty period. For duty time calculations, briefing time is not credited at 1.5.

(d) A Pilot shall not be required to Deadhead prior to a cyclic simulator session on the same day, where the block time on the deadhead flight exceeds two (2) hours, but may be required to Deadhead after a simulator session.

(e) Once commenced, a Simulator Duty Period (not including Deadhead travel) will not exceed eight (8) hours, except in the event of simulator serviceability or by mutual agreement.

(f) Tigerair will not require a Pilot to undertake any flight or standby duties within the same duty period as any simulator training.

21 CATEGORIES OF EMPLOYMENT

21.1 Pilots under this agreement will be employed in one of the following categories:

(a) Full Time

The parties agree that the predominant form of employment will be full time employment.

Or

(b) Part Time

The parties agree that part-time employment and flexible working arrangements may be considered by Tigerair taking into account reasonable business grounds. Requests for such arrangements may also be declined on this basis.

Or

(c) Fixed-task or maximum period

The parties agree that Pilots may be engaged on a fixed task or maximum period basis, either as full-time or part-time. These Pilots can only be employed for a maximum of 18 months.

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21.2 Part-time Pilot

(a) A part-time Pilot is employed on an ongoing basis, but for an agreed maximum number of duty days which is less than that for which a full time Pilot is rostered. (b) Unless otherwise indicated, a part-time Pilot's wages and entitlements shall be calculated on a pro rata basis according to the percentage of full-time employment. (c) The terms and conditions applicable to part time arrangements are set out in APPENDIX C: Part Time Employment.

22 TIGERAIR PILOTS’ LIST

22.1 The parties have agreed a seniority protocol which Tigerair shall comply with in relation to matters referred to in clause 22.3. The Seniority and Upgrade Protocol is appended to Agreement as APPENDIX A: Seniority and Upgrade Protocol.

22.2 The Seniority and Upgrade Protocol is enforceable as if part of this Agreement and any disputes in relation to the seniority protocol shall be determined in accordance with the Dispute Settlement Process in this Agreement.

22.3 A Pilot's start date/seniority shall determine such matters as set out at APPENDIX A: Seniority and Upgrade Protocol at clause 1.9.

23 STAND DOWN PROVISION

23.1 Should an event occur beyond Tigerair's control, that prevents Tigerair from operating to its normal route structure, Tigerair may need to stand Pilots down.

23.2 Following consultation in accordance with clause 9, Tigerair has the right to stand Pilots down with pay, reduced pay or without pay for any cause for which it cannot reasonably be held responsible. The right to stand Pilots down is subject to Tigerair ensuring that all reasonable options for other work or utilisation of accrued Annual Leave have been explored.

23.3 In this event Tigerair would undertake consultation in accordance with clause 9. Where a Pilot is stood down without pay Tigerair may approve alternative employment for the period of the stand-down.

24 HOURS OF WORK AND ROSTERING

24.1 Hours of work

(a) Pilots are required to be available for work over seven (7) days a week, 365 days a year including all public holidays and over a 24 hour day.

(b) Hours of work, days off and rest periods shall be determined in accordance with the following provided that ordinary hours of work being duty hours (including flight and non- flight hours) must not average more than 38 per week averaged over a three (3) month period (excluding reasonable additional hours):

i. The Pilots will be rostered in accordance with the Roster Rules as appended in APPENDIX B: Roster Rules. The Roster Rules is enforceable as if part of this Agreement and any disputes in relation to the Roster Rules shall be determined in accordance with the Dispute Settlement Process in this Agreement. 17 w

ii. Sub-clause 24.1(b) above has no application where Tigerair develops and implements an FRMS. The FRMS is to be developed in consultation with the TPCC and approved by CASA. The FRMS shall comply with clause 24 and the Roster Rules.

iii. Any changes or additions to the Roster Rules shall only be made with the agreement of Tigerair and the TPCC. For the avoidance of doubt, it is not a condition of this Agreement that variations to the Roster Rules occur in accordance with the Act.

iv. Where a change to the Roster Rules is agreed by the TPCC to be Base specific, the change may be implemented after agreement by the majority of the Pilot group in the affected base.

v. Tigerair will make reasonable endeavours to comply with the Rostering and Crewing Guidelines.

25 CAREER PROGRESSION AND TRANSFER OPPORTUNITIES

25.1 Tigerair recognises that Pilots who join the Virgin Australia Group do so with an expectation of enjoying a career path within the Group, and in most cases, based on a commitment for the duration of their career.

25.2 Further, Tigerair recognises that Pilots’ desired career path will generally involve aspirations including, but not limited to, advancement through the Pilot ranks, experience and advancement on one or more aircraft types and opportunity to work from one or more geographic locations.

25.3 Tigerair supports career growth for Pilots and is committed to providing the above opportunities to all Pilots as closely aligned with individual preference as practicable.

25.4 Tigerair will consult with Pilots and their representatives about the above opportunities available to the Pilot group, to maximise such opportunities and address any related issues (including any issues associated with a Group career progression system).

25.5 Tigerair will consult with Pilots and their representatives about these matters via the TPCC.

25.6 Consistent with the above, Tigerair seeks to encourage long term careers across the Virgin Australia Group. To this end, Tigerair will:

(a) Encourage Pilots to participate in their own career progression process by making applications for vacancies they are suited for (this does not preclude a Pilot who is not endorsed on a type from applying for a position on such type);

(b) Publish flight crew resourcing requirements (see clause 26.2(a));

(c) Not engage Pilots from outside the Virgin Australia Group until the pool of suitable internal applicants has been exhausted;

(d) Communicate up front the selection criteria to be used;

(e) Ensure that the selection process is transparent;

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(f) Communicate the names of Pilots who have been successful in bids for transfers, command upgrades and base changes; and

(g) Provide feedback to Pilots when requested and provide mechanisms for review of decisions via the Dispute Settlement Process in this Agreement.

25.7 In return, there is an expectation that Pilots will:

(d) Take steps to ensure their own readiness for opportunities including where appropriate to seek out or participate in remedial or developmental training;

(e) Apply appropriately and participate in the selection process;

(f) Meet any freeze requirements related to career moves (see clause 48);

(g) Seek feedback on the outcome of recruitment or promotion decisions; and

(h) Utilise the Dispute Settlement Process in this Agreement to request review of a recruitment or promotion decision.

25.8 To avoid doubt, Tigerair will not engage/employ any Direct Entry Captains unless there is a need for specific expertise and none of the Group Pilots have that expertise.

26 CAREER PROGRESSION PROCESS

26.1 The parties recognise that once Pilots have gone through the career progression process set out below and been assessed as suitable, relative position on the Tigerair Pilots’ List is the final and deciding factor in accordance with APPENDIX A: Seniority and Upgrade Protocol.

26.2 The process that Tigerair will follow in order to offer career progression opportunities to Pilots is set out below:

(a) Step 1 – Resource Plan Update

i. At least twice a year, the resource plan will be updated and the projected flight crew resourcing requirements (specific numbers may not be included) over the following 12 months will be published to Pilots (Resource Plan Update).

ii. Additional Resource Plan Updates will be published whenever a planned change to the operating schedule would have a significant impact on crew members in any Pilot Resource Group.

(b) Step 2 – Bid Import

i. A bid import will be conducted 14 days after the Resource Plan Update to seek Pilots for the positions identified in the Resource Plan Update.

ii. Bid imports will then be conducted every calendar month to ensure that a Pilot’s most current bid is considered when sourcing Pilots for any position.

iii. Additional positions arising from resignations, retirements or for any other reason 19 w

can be filled at any time using the most recent bid import to identify Pilots for these positions.

iv. The dates and times of the monthly bid imports carried out in accordance with subclause 26.2(b)ii above will be advised to the Pilot group at least 14 days prior to the bid import.

v. No later than 21 days following each bid import all Awarded positions will be published to the Pilot group. No further positions will be Awarded until the next bid import has been conducted.

vi. Pilots who have been Awarded a position will continue to participate in the bid process and a Pilot’s Awarded position bid may be improved (i.e. a higher bid preference Awarded) up to six (6) weeks from the commencement date of any training associated with the Awarded position. Positions are deemed to have been Awarded as of the date of the bid import from which the Pilots were selected.

vii. The terms and conditions that apply to all bids will be stated on the bid form.

(c) Step 3 – Conduct an Initial Assessment

iii. Only those Pilots who bid for a position will be considered and assessed against the selection criteria for the position being sought. To be considered eligible for a position a Pilot must meet the selection criteria for that position as detailed in the relevant Tigerair manual.

iv. A Pilot who is subject to a type or position freeze will be considered eligible for the vacancy if the freeze period will be completed before the Pilot commences the training course for the new position.

v. Tigerair will create a short list of Pilots who meet the selection criteria and who have the highest position on the Tigerair Pilots’ List, in accordance with APPENDIX A: Seniority and Upgrade Protocol.

(d) Step 4 – Conduct Further Assessment

i. Tigerair will then conduct a further assessment of those Pilots who are on the short list. This assessment will include an evaluation of each Pilot’s performance in the areas of line operations and flight standards.

ii. The Line Operations evaluation is carried out by the Pilot’s direct fleet manager. The Standards evaluation will be provided by the Pilot’s standards manager.

iii. The Flight Operations Selection and Promotion Committee will then meet to consider the Line Operations and Standards assessment of each eligible Pilot.

iv. Tigerair may also conduct interviews of those Pilots who have been considered during the initial assessment as part of the further assessment process. Pilots will be assessed as either suitable or not suitable. This assessment will be documented. Pilots will not be ranked in order of suitability.

(e) Step 5 – Decision and Written Notification

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i. The Pilot/s who is/are assessed as suitable will be Awarded the position and commence training in order of position on the Tigerair Pilots’ List in accordance with APPENDIX A: Seniority and Upgrade Protocol, unless otherwise agreed with the individual Pilot.

ii. Candidates deemed unsuitable for command/promotion opportunities will, on request, be advised in writing why they were assessed as unsuitable for the position. In this context, unsuitable Pilots are entitled to be provided with reasons why they were unsuitable in the recruitment process and information about what they need to address to improve their prospects of being suitable in the future. Unsuitable Pilots are also entitled to be provided with reasonable support and training to assist them address any deficiencies identified during the recruitment process.

(f) Step 6 – Publishing Results Awarded positions will be announced once positions have been filled. This may mean that results are published separately for different Resource Groups to allow for the backfilling of any consequential vacancies.

26.3 Any Pilot aggrieved by the above process (or decision) can request a meeting with relevant management to discuss their concerns. If the meeting fails to resolve the Pilot’s concerns, they can progress that matter via the Dispute Settlement Process in this Agreement. Any election to progress those concerns must be made within 21 days of the meeting.

26.4 To avoid doubt, Pilots covered by this Agreement cannot be displaced by other Pilots in the Group because of relative position on the Group Date of Joining (GDOJ) List (e.g. a Pilot covered by this Agreement cannot be required to give up their existing position or Base in the Tigerair operations for a Pilot in the Virgin Australia Narrow Body operations because of relative position on the GDOJ List).

26.5 While Check and Training appointments are not covered by the above process, all new Check and Training appointments will be advertised internally. Selection criteria for these appointments will be set out in the advertisement and/or in other written material referred to in the advertisement. Any Pilot aggrieved by this process (or decision) can progress that in a manner consistent with clauses 26.2(e) and 26.3.

26.6 Where a Pilot is unsuccessful in completing their training and/or being cleared to line in a new position (other than a command upgrade) within Tigerair, they will be subject to a Training Review Board. Where a Pilot returns to their previous position, they will be frozen on type for a set period determined through the Training Review Board. This period will normally be a minimum of 12 months following a check to line before the Pilot can be considered for another move to a higher rank or different aircraft type. The freeze period end date will be annotated on the Tigerair Pilots’ List. The Pilot is also entitled to be provided with reasonable support and training to assist them address any deficiencies identified during the training process.

26.7 Where a Pilot is unsuccessful in completing their command upgrade training, they will be subject to a Training Review Board. Where the Training Review Board determination that the command upgrade training be discontinued, the Pilot will revert to their previous rank, fleet and base unless otherwise agreed with the Pilot. The Pilot is also entitled to be provided with reasonable support and training to assist them address any deficiencies identified during the training process. 21 w

26.8 If a candidate elects to withdraw from command training due to illness or for compassionate reasons, they will be able to resume training on the next available course.

27 TRANSFERS (PERMANENT OR TEMPORARY) BETWEEN BASES

27.1 Where a Pilot transfers from one Home Base to another at their own request or for personal upgrade purposes and Tigerair agrees to that transfer, the Pilot will be responsible for all expenses associated with their relocation. However, the Pilot will receive up to four (4) consecutive days free of duty at their new location prior to commencement of duties.

27.2 Where a Pilot transfers from one base to another on a permanent basis at the Company’s direction, Tigerair will develop a reasonable transfer package considering the pilot’s specific requirements using the following parameters as a guide:

(a) Up to four (4) days reasonable hotel accommodation at the Pilot's old location; (b) Up to 14 days reasonable hotel accommodation at the Pilot’s new location or reasonable rental accommodation at the Pilot’s new location for up to three (3) months from the date of transfer; (c) Economy flights for the Pilot and the Pilot's immediate family (but not any non-economy travel); and (d) Reasonable moving costs of home contents and up to two (2) vehicles.

28 REMUNERATION AND SALARIES STRUCTURE

28.1 Remuneration

The remuneration structure will comprise of a base salary (for up to and including 60 flight hours) and flight pay and will be effective from the first full pay period after the Commencement Date.

28.2 Base Pay

(a) Pilots will receive equivalent minimum salary payments of 1/12 of the annual base salary for all hours up to 60 flight hours per month.

(b) Annual base salaries have been calculated to remunerate Pilots for all work as follows:

i. for all flying hours (including simulator duties) up to 60 hours per month; and

ii. for all non-flying work including:

A. Administrative Duties; B. ground duties; C. training; D. standby; and E. positioning.

iii. for annual leave, including leave loading, up to 60 credit hours per month;

iv. for all other leave;

v. for working shift work, on weekends and on public holidays; and 22 w

vi. for all penalties, loadings and allowances and for all other payments except for:

A. Payments for accepting a VOFF (see clause 29.1 below and clause 11 of APPENDIX B: Roster Rules); B. Payments for flight hours (a combination of scheduled flight hours in the aircraft and scheduled flight hours in the simulator) performed in excess of 60 hours per month (see clause 28.3 below); C. Payments of Late Finish Allowance (see clause 29.2 below); D. Matters already expressly included in the agreement that provide for reimbursement (see clauses 14.1, 27, 28.5(a), 31.2 below and APPENDIX E: International Operations, clause 5); E. Transport allowance (see clause 0 below); F. Meal, cancelled accommodation, uniform credit, overnight and other allowances (see clauses 29.6, 29.7, 29.8, 29.9, 29.10 and 29.12 below); and G. Checking, Training and Specialist duties allowances (see clauses 29.1, 29.4 and 29.12 below).

(c) Base salary will be adjusted annually in accordance with the wages table below.

Year 1 Year 2 Year 3 Year 4 Wages Table Current (payable from first full (payable 12 months (payable 24 months (payable 36 months rate pay period from after the after the after the Commencement Date Commencement Commencement Commencement Date) Date) Date) Direct Entry Captain (until $135,455 $153,615 $157,455 $161,392 $165,427 check to line)

Captain $184,148 $209,000 $214,225 $219,581 $225,070 First Officer Level 1 $101,281 $114,229 $117,084 $120,011 $123,012 0-2yrs First Officer Level 2 $117,854 $131,216 $134,496 $137,859 $141,305 2 - 5yrs

First Officer Level 3 $123,379 $136,879 $140,301 $143,808 $147,404 5 years +

(d) Backpay will be payable from the first full pay period on or after 1 December 2017 until the start of the first full pay period following the Commencement Date (“Backpay Period”). Backpay of 2.5% will be calculated on the Pilot’s “Current Rate” base salary in accordance with the table in clause 28.1(c) above and will reflect the position/s the Pilot performed during the Backpay Period (ie a Pilot who has been promoted to Captain during the Backpay Period will receive backpay based on the Captain rate for the period the Pilot was engaged as a Captain and the First Officer Level 3 rate for the period the Pilot was engaged as a First Officer Level 3). Backpay will be payable on the first pay date in the 23 w

first full pay period following the Commencement Date.

(e) As part of backpay, Pilots who received Professional Retention Payments in accordance with the Tigerair Pilots Australia Enterprise Agreement 2014 will receive a prorated payment for any anniversary dates up to the Commencement Date of this Agreement. Professional Retention Payments cease from the Commencement Date.

(f) Until they are Checked to Line, a First Officer undergoing command upgrade training will be paid at the applicable First Officer level rate until the day they are Checked to Line as a Captain.

(g) Direct Entry Captains will be paid at the applicable rate in accordance with the table above until checked to line.

(h) When calculating a Pilot’s total flight hours in a month, Tigerair will:

i. Apply 2.7 hours credit for each day of Annual Leave taken during the roster period.

ii. Apply 3 hours of credit for each day on which Administrative Duties are performed during the roster period.

iii. Apply a credit at a rate of 50%, calculated based on the greater of actual or scheduled flight time, when Pilots are required to deadhead on an international sector. These credits are only applicable for international sectors associated with Tigerair international flying duties and do not apply to deadheading related to maintenance ferry flights and training related duty travel.

28.3 Payment for flight hours in excess of 60 hours per month (Flight Pay Trigger)

(a) Pilots will receive payment for flight hours in excess of 60 per month in accordance with the below table.

Rank Current Year 1 Year 2 Year 3 Year 4 rate

(payable from first full (payable 12 months (payable 24 months (payable 36 months pay period from after the after the after the Commencement Commencement Commencement Commencement Date) Date) Date) Date)

Captain $150.75 $170.00 $185.00 $200.00 $205.00

First Officer $75.37 $85.00 $92.50 $100.00 $102.50

(b) If a Pilot’s roster contains no flying, positioning or simulator duties, they will not be eligible for payment for flight hours performed in excess of 60 hours per month.

28.4 Payment of Salary and Allowances

Base Pay, fixed monthly allowances (i.e. meal and transport allowances) and variable allowances (e.g. VOFF, overnight meal allowances) applicable to the preceding calendar

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month, will be paid monthly by electronic transfer into Australian financial institution account(s) nominated by the Pilot.

28.5 Reimbursement - General and Employment Related Expenses

(a) Tigerair will reimburse Pilots for all reasonable expenses incurred by Pilots in the course of their employment, provided these expenses have been approved by Tigerair in advance.

(b) Tigerair will reimburse Pilots within 21 days after the Pilot submits a valid and complete claim, subject to the Pilot producing such evidence no later than three (3) calendar months after incurring the expense.

(c) Reimbursements will not be included for the purposes of calculating Tigerair's superannuation contribution requirements.

28.6 Overpayment

(a) Should Tigerair overpay a Pilot and subsequently provides the Pilot with written evidence of the overpayment within one (1) year of the overpayment occurring, such overpayment will be repayable by the Pilot. The repayment will occur as soon as practicable, subject to reasonable arrangements being agreed to between the Pilot and Tigerair.

(b) If Tigerair is unable to reach agreement with the Pilot on the rate of repayment Tigerair may deduct such overpayment from any payment due to the Pilot at a rate no greater than 10% of the Pilot's net monthly salary in any one pay.

(c) Any overpayment will remain owing until it is repaid in full. If not repaid prior to termination of the Pilot's employment, the balance or part thereof of any outstanding amount may be deducted from the Pilot's termination pay. The Pilot will remain responsible for any outstanding debt.

28.7 Salary Sacrifice

(a) A Pilot may enter into an effective salary sacrifice arrangement in respect of part of their salary to the fullest extent permissible under relevant legislation and Tigerair Policy.

(b) The Pilot will be responsible for any fringe benefits tax liability incurred as result of the salary sacrifice arrangement.

29 ALLOWANCES

29.1 VOFF

A Pilot who accepts a call out for a duty on an RDO, DFOD or an Annual Leave day (subject to clause 16.3 and APPENDIX B: Roster Rules) shall receive flight hour credits, and be paid a VOFF allowance per duty as follows:

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Rank Current Year 1 Year 2 Year 3 Year 4 rate

(payable from first full (payable 12 months (payable 24 months (payable 36 months pay period from after the after the after the Commencement Date Commencement Commencement Commencement Date) Date) Date)

Captain $1,077.00 $1,103.93 $1,131.52 $1,159.81 $1,188.81

First Officer $722.00 $740.05 $758.55 $777.52 $796.95

29.2 Late Finish Allowance - Extension of Duty

A Pilot who extends into an RDO or an Annual Leave day shall, in addition to the applicable flight pay be paid a Late Finish Allowance as set out at APPENDIX B: Roster Rules clause 11.7.

29.3 Training and Checking Allowance

(a) Where a pilot is appointed to any of the positions referred to in Table 29.3(c) and when undertaking those duties, the additions to salary prescribed in this table will apply, in addition to the pilot's Base Pay, plus any additional penalties provided for in the Agreement, based on the highest qualification held by the pilot at the relevant time.

(b) Tigerair will appoint Pilots to undertake Check or Training duties for periods of 12 months. Where the duty is not renewed Tigerair will provide the employee with two (2) months' notice to resume their substantive position as either Captain or First Officer. Whilst Check or Training duties are undertaken Pilots will be engaged on flexible rosters unless otherwise agreed.

(c) Allowance Table

Category Current Year 1 Year 2 Year 3 Year 4 rate (payable from first full (payable 12 months (payable 24 months (payable 36 months pay period from after the after the after the Commencement Commencement Commencement Commencement Date) Date) Date) Date)

$68.44 $70.15 per training $71.90 per training $73.70 per training $75.54 per training per flight hour plus 5.5 flight hour plus 5.5 flight hour plus 5.5 flight hour plus 5.5 CAST training hours credit per sim hours credit per hours credit per hours credit per sim flight hour session sim session sim session session $68.44 $70.15 per training $71.90 per training $73.70 per training $75.54 per training per flight hour flight hour flight hour flight hour CHKA training flight hour $49.56 $50.80 per training $52.07 per training $53.37 per training $54.70 per training per flight hour flight hour flight hour flight hour LTP training flight hour

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Category Current Year 1 Year 2 Year 3 Year 4 rate (payable from first full (payable 12 months (payable 24 months (payable 36 months pay period from after the after the after the Commencement Commencement Commencement Commencement Date) Date) Date) Date)

$594.35 for $609.21 for each $624.44 for each $640.05 for each $656.05 for each each day of day of classroom day of classroom day of classroom day of classroom classroom training and a credit training and a training and a training and a credit Classroom GRD training and a of 3.5 flight hours credit of 3.5 flight credit of 3.5 flight of 3.5 flight hours INST and NTS credit of 3.5 for such training hours for such hours for such for such training INST flight hours days. training days. training days. days. for such training days.

29.4 Specialist duties Allowance

(a) Pilots who undertake TPCC, FDAP, RQC, FOSO, Enterprise Agreement negotiations or Electronic Training and EFB duties (in accordance with clause 29.12) will be paid for those duties at the rate of $66.20 per hour, increasing by 2.5% on each of 12, 24 and 36 months after the Commencement Date. The hours attributed to these duties will not be credited for the purposes of flight pay.

(b) Pilots rostered to perform these duties, excluding those Pilots that undertake FOSO duties, will be treated as FTE 1.0 for roster balancing purposes.

29.5 Transport Allowance

Pilots will be paid a $1,000 (gross) per annum transport allowance, increasing by 2.5% on each of 12, 24 and 36 months after the Commencement Date.

29.6 Overnight Accommodation

(a) Tigerair will provide accommodation and transport Pilots to/from the relevant airport and the Tigerair provided accommodation where Pilots are required to Overnight away from Home Base for work related purposes.

(b) The standard of accommodation provided will be appropriate having regard to the need to provide Pilots with safe, comfortable, adequate and uninterrupted rest.

(c) For the purposes of this clause, accommodation will satisfy these criteria if it has been assessed as appropriate by Tigerair and includes the following:

i. Mandatory items

A. Appropriate security measures;

B. Access to 24 hour hot food and sustenance;

C. Ability to adequately control room temperature; and

D. Ability to adequately control room light (block out curtains);

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ii. Additional non-mandatory but ideal items

A. Fridge and a safe provided in room;

B. In room internet access; and

C. Access to complimentary fitness facilities (if not in the accommodation complex, then somewhere close by).

(d) Tigerair will consult with the TPCC in respect of any changes to accommodation or any proposed new accommodation.

(e) The mandatory items in clause 29.6(c) can be waived or varied for particular accommodation by agreement of the TPCC (such agreement not to be unreasonably refused) or in the event of an unscheduled overnight Tigerair will source the best standard of accommodation within a reasonable distance to the airport.

(f) Tigerair will provide or reimburse Pilots with transport to and from any accommodation, at no cost to the Pilot.

29.7 Cancelled Accommodation Allowance

Where a Pilot advises Tigerair in writing at least 48 hours in advance, or upon notification of duty whichever is later, of their intent not to use the pre-arranged accommodation on a domestic overnight, they shall be paid the self-accommodation allowance of $102.50. The Pilot will then be responsible for securing accommodation and transport and Tigerair will be deemed to have discharged its obligations under clauses 29.6(a), 29.6(b) and 29.6(c). 29.8 Domestic Overnight Meal and Incidental Allowances

(a) Pilots will be paid allowances for overnight meal and incidental expenses where they are required to Overnight within Australia away from Home Base for work related purposes.

(b) Allowances will be calculated on the basis of the following meal windows based on Home Base local time:

Allowance Time period

Breakfast 0600 – 0800

Lunch 1200 – 1400

Dinner 1800 – 2200

Incidentals 0000 – 0200

(c) The applicable allowance will be paid whenever a duty touches a meal window. It is not necessary for the duty to encompass the entire meal window to receive the applicable allowance.

(d) Allowances are calculated from sign on to sign off at Home Base where Pilots 28 w

Overnight away from Home Base for work related purposes.

(e) The amount of the allowance is currently:

Breakfast $30.00

Lunch $42.45

Dinner $59.40

Incidentals $28.20

(f) The amount of the allowance will be reviewed consistent with the relevant Australian Taxation Office Ruling, utilising the middle salary band rates for metropolitan centres, as amended each year.

(g) The applicable allowance will be paid whenever a duty touches a meal window. It is not necessary for the duty to encompass the entire meal window to receive the applicable allowance.

29.9 International Layovers

Pilots required to layover in an international port will receive $198.85 per 24 hour period increasing by 2.5% on each of 12, 24 and 36 months after the Commencement Date.

29.10 Uniforms

(a) From the first full pay period of this Agreement and then on the anniversary date of this Agreement, Tigerair will provide each Pilot with a $600 store credit to be used to assist in the purchasing of uniforms. (b) Pilots employed at Tigerair after the commencement of the Agreement will be provided with a $600 store credit at the commencement of their employment. A further $600 store credit will be provided on the Pilot’s anniversary date of their employment.

29.11 Meals allowance

In addition to any entitlement under clauses 29.8 and 29.9, each Pilot shall be paid a Meal Allowance as follows: (a) $23.27 per month effective from the first pay period after the Commencement Date; then (b) $23.85 per month effective from the first pay period 12 months after the Commencement Date; then (c) $24.45 per month effective from the first pay period 24 months after the Commencement Date. (d) $25.06 per month effective from the first pay period 36 months after the Commencement Date.

29.12 Electronic Training and EFB Duties Payment

(a) Pilots are required to complete on-line training and Electronic Flight Bag (EFB) management within the time period specified by the training schedule or EFB update requirements. 29 w

(b) Pilots will receive 20 hours of Specialist Duties Allowance (in accordance with clause 29.4) annually, paid as a monthly allowance, for undertaking on-line training and EFB updates (which does not include routine personal study time or CBT for type ratings etc). (c) Undertaking of such training and updates will not be rostered a duty time, and can be carried out at a time convenient to the Pilot (provided that such training and updates are successfully completed within the required timeframes).

30 Accident Make-up Pay

30.1 In circumstances where an employee is in receipt of statutory workers compensation payments, the Pilot will be entitled to be paid accident make-up pay by Tigerair.

30.2 The amount of accident make-up pay will be the difference between the workers compensation entitlement and the amount of base pay plus allowances that the Pilot would have received had the Pilot been at work for the relevant period in respect of which the workers’ compensation payments are made.

30.3 The amount in clause 30.2 will not apply for the first five (5) or aggregate of five (5) working days of incapacity, nor will it apply during any paid leave period.

30.4 Accident make-up pay, where no ascertainable amount is available will be based on the average for the previous three (3) months or lesser period of time which any Pilot has been employed exclusive of any period of Annual Leave or Personal Leave in excess of 3 days.

30.5 Accident make-up pay will be payable for a maximum period or aggregate period not exceeding a total of 52 weeks in respect of incapacity arising from any one (1) injury.

30.6 Accident make-up pay will be paid through normal payroll procedures or according to alternative arrangements mutually agreed between the Pilot and Tigerair.

30.7 Nothing in this clause will affect the right of Tigerair to terminate a Pilot's employment in accordance with this Agreement. No Pilot will be terminated as a result of their having received accident make-up pay or as a means of avoiding make-up pay obligations.

30.8 In the event that a Pilot receives a lump sum in redemption of regular statutory compensation entitlements, the liability of Tigerair to pay accident make-up pay will cease from the date of such redemption.

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

30.10 Any period spent on workers compensation will accrue for the purposes of accumulation of Annual Leave, Personal/carer's leave and Long Service Leave entitlements.

31 DUTY TRAVEL

31.1 Tigerair will provide an economy class seat for Pilots for all deadhead travel. Where deadhead travel is required after completion of a tour of duty, Tigerair will use its best endeavours to expedite such travel on the first available aircraft and the most direct route, subject to commercial requirements. 30 w

31.2 Where, in the course of a Pilot's employment, they are required by Tigerair to undertake any local travel by taxi cabs or public transport the Pilot may agree to pay the fares en route and, in such cases, Tigerair will reimburse the Pilot all expenses incurred.

31.3 All travel arrangements, including accommodation, will be made by Tigerair and made known to Pilots prior to their departure from Home Base except in the case of operational disruptions.

32 SUPERANNUATION

32.1 Superannuation legislation

"Superannuation Legislation", includes the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth).

32.2 Tigerair contributions

Tigerair will make superannuation contributions to a complying superannuation fund for the benefit of a Pilot at the Superannuation Guarantee rate prescribed by the superannuation legislation.

Superannuation contributions will be capped (at the maximum earnings contributions base) in accordance with superannuation legislation except in the case of pilots employed by Tigerair prior to 1 September 2009 (whose contributions shall be maintained, calculated on a pilot’s total annual salary).

32.3 Voluntary Pilot contributions

In addition to clause 32.2 above, a Pilot may authorise Tigerair to pay on behalf of the Pilot a specified amount from either the pre-taxation or post-taxation wages of the Pilot into the same superannuation fund. This amount may be adjusted by the Pilot giving Tigerair at least 28 days' notice. Authorisations in this clause must be in writing by the Pilot.

32.4 Payments

Tigerair will pay the amounts specified in either clause 32.2 or 32.3, or both, each month.

32.5 Superannuation fund

The Pilot shall nominate the complying superannuation fund to which they elect to have their contributions paid. Such nomination will be made up to 28 days from commencing employment. Where a Pilot does not nominate a complying superannuation fund Tigerair must make the superannuation contributions to one of the following default superannuation funds, at its discretion:

(a) Sunsuper; or (b) Any superannuation determined by Tigerair provided the fund is an eligible choice fund.

32.6 Superannuation on allowances and additions to salaries 31 w

Tigerair will make superannuation contributions on annual base salary and allowances and related payments (such as VOFF) in accordance with the minimum contribution requirements of the Superannuation Legislation and clause 32 of this Agreement.

32.7 Superannuation and absence from work

(a) Tigerair must make the superannuation contributions provided for in this clause 32 while the Pilot is on any paid leave; (b) For the period of absence from work (subject to a maximum of 52 weeks) due to a work- related injury or illness provided that the Pilot:

i. is receiving workers compensation payments or is receiving regular payments directly from Tigerair in accordance with the statutory requirements; and

ii. remains employed by Tigerair.

LEAVE

33 ANNUAL LEAVE AND PUBLIC HOLIDAYS

33.1 Public holiday entitlements are provided in the NES. Pilots and the Company agree that all public holidays in accordance with the NES are to be substituted to a day to be taken by mutual agreement as part of the employee's Annual Leave entitlement under clause 33.2 of this agreement.

33.2 Each full-time Pilot will be entitled to 36 days of leave per annum made up of:

(a) Annual Leave consisting of 25 days of paid leave (" paid Annual Leave"); and (b) 11 days as substituted public holidays ("public holidays").

33.3 The parties agree that due to the rostering arrangements implemented as part of this Agreement there are 7 public holidays that will be pre allocated to the days off in accordance with APPENDIX B: Roster Rules.

33.4 Leave may be taken by the employee subject to approval by Tigerair.

33.5 Subject to clause 33.8, after consultation with the employee, Tigerair may direct an employee to take leave where the leave accrued has become excessive. Excessive leave is any accrued leave in excess of 36 days. When directing an employee to take the leave Tigerair must provide the employee with one (1) months' notice.

33.6 Prior to Tigerair directing a Pilot to take Annual Leave it must take into account the Pilot's personal circumstances, including any awarded or ad hoc leave in the relevant ballot year.

33.7 A Pilot with more than 72 days of leave may be directed to take up to 20 days of leave in any six (6) week period until the balance is reduced to 48 days.

33.8 A Pilot with more than 36 days leave but less than 48 days leave may be directed to take up to 10 days of leave in any six (6) week period until the balance is reduced to 36 days.

33.9 Accrued Annual Leave is paid out on termination of employment.

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33.10 Tigerair is not entitled to recall a Pilot from Annual Leave except by mutual agreement between Tigerair and the Pilot. However, where the Pilot agrees to be recalled during Annual Leave, other than in the circumstances outlined in clause 16.3, the Pilot will be paid a VOFF provided in clause 29.1 and have the Annual Leave day reinstated.

33.11 Where a Pilot becomes ill during any period of Annual Leave, the duration of such illness will be counted as personal/carer's leave to the extent that the Pilot has credited personal/carer's leave. Providing that firstly the Pilot will advise Tigerair as soon as practicable after the commencement of the illness and secondly produces proof of illness to Tigerair within seven (7) days of return to duty. In such case the Pilot shall have their Annual Leave re-credited the number of days that have been converted to Personal Leave.

33.12 Cashing out Annual Leave

Subject to Tigerair's Agreement, a Pilot may cash-out paid Annual Leave subject to the following terms: (a) each cashing out of a particular amount of paid Annual Leave must be by a separate agreement in writing between Tigerair and the Pilot; and (b) paid Annual Leave must not be cashed out if the cashing out would result in the Pilot's remaining accrued entitlement to leave being less than 36 days; and (c) the Pilot must be paid at least the full amount that would have been payable to the Pilot had the Pilot taken the leave that the Pilot has forgone. (d) declining the request to cash out on the basis that insufficient Annual Leave has been taken or planned (booked) to ensure Pilot rest and wellbeing will not be held as unreasonable. (e) pay out of Annual Leave will not be approved if Tigerair believes that the Pilot will reach the limit of available flying hours as a result of leave being paid out. (f) Any request to cash out Annual Leave is subject to Tigerair agreement.

33.13 Annual Leave Management

(a) Allocation of leave

Annual Leave will be allocated in accordance with the Annual Leave bidding process provided in the Rostering and Crewing Guidelines.

(b) Significant Adverse Effects (Leave management)

A. Notwithstanding clause 33.13(a), the parties on the TPCC may agree alternative measures in relation to leave management in order to avert or mitigate any significant adverse effects that may have detrimental consequences on Tigerair and Pilots. Such significant adverse effects include, but are not limited to, a reduction in flying in response to changed business or economic circumstances, or a reduction in fleet availability due to unplanned maintenances events. B. Either of the parties on the TPCC may initiate discussions under clause 33.13(b)A.

33.14 If after being allocated a leave period, a Pilot voluntarily transfers to another type, category or base and the availability of leave periods in the new category or new base does not allow the Pilot to retain that original allocation, Tigerair may cancel the original allocation and subsequently allocate another leave period by mutual agreement.

34 PERSONAL LEAVE 33 w

34.1 A full time Pilot is entitled to 10 days Personal/carer's leave as provided for in the NES which is cumulative from year to year.

34.2 A Pilot must advise Tigerair where practicable at least two hours and thirty minutes (2:30) prior to the start of the duty or as soon as is practicable of their need to take Personal Leave including if they are rostered on standby and are unable to provide coverage, so that Tigerair may make alternative arrangements to cover the Pilot's roster.

34.3 An employee is required to provide satisfactory evidence of the reason for absence, including but not limited to a medical certificate or statutory declaration for any absence:

A. in excess of two (2) working days; or B. where the absence is adjacent to an RDO or Annual Leave day; or C. Otherwise where specifically required by Tigerair.

34.4 A Pilot will not be entitled to paid leave of absence for any period that they are receiving workers' compensation payments.

34.5 A Pilot who has exhausted all of their accumulated Personal Leave credits as prescribed in clause 34.1 may access any accrued Annual Leave. Personal lLeave accrued but not taken is not payable upon termination.

35 UNPAID CARER’S LEAVE AND COMPASSIONATE LEAVE

Pilots are entitled to unpaid carer’s leave and paid compassionate leave in accordance with the Fair Work Act or Tigerair policy, whichever is more favourable.

36 UPPER RESPIRATORY TRACT INFECTION (URTI) LEAVE

36.1 In addition to a Pilot's Personal Leave entitlement (refer to clause 34), Pilots are entitled to up to six (6) days paid leave per year from the date of the anniversary of their date of commencement, for sickness associated with URTI. URTI leave is non-cumulative.

36.2 A Pilot may take any three (3) URTI days per financial year without the provision of a medical certificate. A specific medical certificate must support the remaining three (3) days.

36.3 By agreement an employee may be able to fulfil ground duties in these circumstances an URTI day will not be deducted.

37 ILLNESS WHILST ON DUTY

37.1 A Pilot who becomes ill while on duty away from Home Base and who is unable to perform further duties, is entitled to:

(a) transport to and from airport, accommodation or doctor; (b) booked travel to Home Base; and (c) transport to home or doctor if the Pilot requires this on arrival at Home Base.

38 PARENTAL LEAVE

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38.1 Pilots with at least 12 months’ continuous service with the Virgin Australia Group are entitled to 12 months’ unpaid parental leave if the leave is associated with:

(a) the birth of a child of the Pilot or the Pilot’s spouse or de facto partner; or the placement of a child with the Pilot for adoption; and

(b) the Pilot has or will have responsibility for the care of the child.

38.2 Sub clause 38.1 is subject to the following:

(a) Ten (10) weeks paid parental leave at the Pilot’s fixed annual remuneration at the time of commencing the leave, upon the birth of the Pilot’s child or the child of the Pilot’s Spouse where the Pilot is to be the Primary Caregiver of the child. This leave will be offset against the entitlement to unpaid parental leave in accordance with the Fair Work Act. Paid parental leave can only be taken immediately after the birth of the child.

(b) Two (2) weeks paid parental leave at the Pilot’s fixed annual remuneration at the time of commencing the leave, upon the birth of the Pilot’s child or the child of the Pilot’s Spouse for Pilots who will not be the Primary Caregiver of the child. This will be offset against the entitlement to unpaid parental leave in accordance with the Fair Work Act. Paid parental leave can only be taken immediately after the birth of the child.

(c) Three (3) weeks paid parental leave at the Pilot’s fixed annual remuneration at the time of commencing the leave, in relation to the placement of a newly adopted child where the Pilot is to be the Primary Caregiver of the child. This will be offset against the entitlement to unpaid parental leave in accordance with the Fair Work Act. Paid parental leave can only be taken immediately after the birth of the child.

38.3 All other entitlements and obligations in relation to parental leave are in accordance with the Fair Work Act and Tigerair policy, and this entitlement must be read in conjunction with those requirements.

38.4 Relinquishing a Vacancy if Training not already commenced before Parental Leave

If, before commencing maternity leave, a Pilot has not completed transitional training for a vacancy already allocated to her, she will relinquish the vacancy.

38.5 Applying for a Promotion during Parental Leave

During parental leave a Pilot may apply for advertised employment opportunities, including a standing bid provided the training for that opportunity is planned to commence after the end of her Parental Leave.

39 JURY LEAVE

Jury service is covered by the NES.

40 LONG SERVICE LEAVE

40.1 Long Service leave is provided for in the NES and the applicable State legislation.

40.2 Pilots can apply to take long service leave at half the rate of pay for twice as long. Approval is

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subject to operational requirements and Company policy, and is at the discretion of Tigerair. These approval requirements must also be applied in a way that is consistent with applicable law.

41 UNPAID LEAVE

Tigerair may at its discretion grant a Pilot unpaid leave upon request. If granted and taken unpaid leave will not count as service for the purpose of accruing any entitlements under this Agreement, including the accrual of service for paid leave, provided that, if they are on unpaid leave they will retain their seniority number.

42 DOMESTIC AND FAMILY VIOLENCE LEAVE

42.1 Tigerair recognises that Pilots 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.

42.2 “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.

42.3 A Pilot 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.

42.4 Such leave will be capped at ten (10) days per calendar year, and does not accrue.

42.5 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.

42.6 All personal information concerning family violence will be kept confidential in line with Tigerair’s privacy policies and relevant legislation. No information will be kept on a Pilot’s personnel file without their express written permission.

42.7 A Pilot experiencing family violence may raise the issue with their immediate Line Manager or the People Team (or equivalent).

42.8 Tigerair will make every effort where practicable to accommodate:

(a) Any temporary changes to a Pilot’s span of hours, pattern of hours, or rosters; (b) Change to telephone number or email address to avoid harassing contact; and (c) Any other appropriate measure including those available under existing provisions for family friendly or flexible work arrangements.

43 DEFENCE LEAVE

43.1 Tigerair supports Pilots who are who are members of the Australian Defence Force (ADF) Reserves (including the Australian Naval Reserve, Australian Army Reserve and Australian Air Force Reserve) and will not prevent or hinder members of the ADF Reserves from undertaking ADF service and/or training (including initial ADF recruit training) provided the 36 w

Pilot has:

(a) formally advised Tigerair that he/she is a member of the ADF Reserves; (b) provided Tigerair with a copy of the formal ADF notification of the training/activity to be undertaken; and (c) notified Tigerair as soon as possible after receiving the notice that he/she is seeking to take defence leave.

43.2 If a Pilot is required to participate in ADF training, or is directed to deploy for service during the Pilot’s normal duty time, leave will be granted in accordance with the Virgin Australia Group’s Leave Policy, as amended from time to time.

44 NATIONAL EMPLOYMENT STANDARDS (NES)

The NES apply to Pilots’ employment and nothing in this Agreement excludes the NES, in whole or in part. Pilots are “shift workers” for the purposes of the NES.

OTHER PROVISIONS

45 CONTINUITY OF SERVICE AND LEAVE ACCRUALS

45.1 If a Pilot transfers their employment from another company in the Virgin Australia Group, Tigerair will recognise their commencement date and leave accruals with that other Virgin Australia Group company for continuity of service purposes at Tigerair.

46 SECONDMENTS

46.1 Pilots may be seconded to an approved airline outside the Group to advance their careers. Any such secondment requires agreement from the affected Pilot/s, Tigerair and the approved airline. Tigerair will determine the airlines that are approved for the purposes of this clause.

46.2 The period of secondment will be determined by the needs of Tigerair and the approved airline and such period may be extended if all parties agree. Pilots on secondment must serve out the minimum period specified in their secondment agreement before returning to their prior position at Tigerair (or another position, as agreed).

46.3 Unless otherwise agreed by the parties, Pilots must take and/or be paid any outstanding Annual Leave prior to commencing the secondment. Any carer’s or long service leave accrued at the time will be recognised upon return to the Pilot’s prior position (or another position, as agreed).

46.4 Approved secondments will not break continuity of service and upon return; original group date of joining will be recognised. A Pilot returning from approved secondment will be returned to their previous position (fleet, rank and base) unless otherwise agreed, or a position commensurate with the position on the Tigerair Pilots’ List.

46.5 Pilots may request a leave of absence to further their careers. This request will be considered by Tigerair and is at the sole discretion of Tigerair to approve or otherwise.

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47 FLEET TRANSITION AND REPLACEMENT

47.1 Fleet replacement is defined as the removal of an existing aircraft type and the introduction of a “like for like” type and or an aircraft type on an equivalent pay scale. For clarity, the transition from the A320 to the B737 is considered a fleet replacement for the purposes of this clause.

47.2 In the event of an introduction of a new or replacement aircraft type, including the transition to the B737 currently underway, Tigerair will undertake consultation in accordance with Consultation provisions in this Agreement.

47.3 Notwithstanding any other provisions in this Agreement, in the event of fleet replacement, affected Pilots will have priority for a position on the new aircraft type in their existing base and rank, to the full extent possible.

47.4 For the sake of clarity, the Seniority and Upgrade Protocol (APPENDIX A: Seniority and Upgrade Protocol) will not be used to fill vacancies on a replacement aircraft type unless the number of vacancies exceeds the current existing complement of affected Pilots, in which case clause 5 of APPENDIX A: Seniority and Upgrade Protocol will apply to fill the additional positions.

47.5 A Pilot who accepts a voluntary change of aircraft type shall be type frozen for 12 months. This may be shortened at the discretion of Tigerair.

47.6 Where Pilots are required to be transferred to the replacement aircraft type and the use of volunteers through bidding has been exhausted, reverse seniority within the Resource Group will be used to determine the order in which pilots are required to transfer to the replacement type. Captains with less than six (6) months service from check to line in that rank will not be considered for transfer.

48 BOND AND ENDORSEMENT ARRANGEMENTS

48.1 Conversion training for Tigerair Pilots

(a) Tigerair will pay for the endorsement costs for all Pilots employed by Tigerair transferring from the A320 to B737 aircraft type.

(b) For the avoidance of doubt, if a Tigerair Pilot is already subject to a training bond, this bond will continue once the Pilot has transferred type, however that Pilot will not be required to enter into a new training bond.

(c) With the exception of clause 48.5, if a Tigerair Pilot has already been subject to a training bond, that Pilot will not be required to enter into a new training bond.

48.2 Virgin Australia Group Pilots

(a) If a Group Pilot becomes employed by Tigerair due to their progression to a vacant position within Tigerair pursuant to the operation of the Virgin Australia Group Pilots’ List, Tigerair or a Group Company will pay the cost of that Pilot’s endorsement training.

(b) A Group Pilot who transfers employment from another Group Company to Tigerair will be frozen on aircraft type at Tigerair for three (3) years from the date of entry into the cyclic 38 w

proficiency program. However, this does not preclude a First Officer from bidding for a command on the same aircraft type within Tigerair.

(c) If: i. Tigerair, or a Group Company on behalf of Tigerair, pays the cost of a Group Pilot’s endorsement training; and ii. the Group Pilot resigns from his/her employment with Tigerair (for reasons other than medical, compassionate or retirement) within three (3) years following the date of their entry into the cyclic proficiency program,

the Group Pilot must pay Tigerair a proportion of the training bond of $45,000 that is commensurate with the proportion of the three (3) year period that has not elapsed.

(d) The Group Pilot must provide Tigerair with suitable evidence to support the compassionate reasons referenced in clause 48.2(c)ii.

(e) The Group Pilot must enter into a legally binding training bond agreement reflecting the terms outlined in this clause.

48.3 Tigerair Pilots employed after 8 April 2016

(a) If Tigerair pays for the endorsement cost of a new Pilot commencing employment with Tigerair or an existing Tigerair Pilot employed after 8 April 2016, they will be frozen on the aircraft type at Tigerair for a minimum of three (3) years following the date of their entry into the cyclic proficiency program.

(b) If the Pilot resigns from his/her employment with Tigerair (for reasons other than medical, compassionate or retirement) within three (3) years following the date of their entry into the cyclic proficiency program, the Pilot must repay to Tigerair a proportion of the training bond of $45,000 that is commensurate with the proportion of the three (3) year period that has not elapsed.

(c) The Pilot must enter into a legally binding training bond agreement reflecting the terms outlined in this clause.

48.4 Nothing in this clause will result in a Pilot having total annual earnings less than they would have had under the relevant Modern Award for the equivalent period of service.

48.5 Following a command upgrade, Tigerair may require that any Tigerair Pilot employed after 8 April 2016, including any new Pilot:

(a) Be frozen on the aircraft type for a minimum of 20 months from being checked to line as a Captain; and

(b) Repay $20,000 (on a reducing pro-rata basis, calculated monthly) if their employment with Tigerair comes to an end (for reasons other than medical, compassionate or retirement) during the 20 month period.

(c) The Pilot must enter into a legally binding training bond agreement reflecting the terms outlined in this clause.

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49 OTHER WORK AND PRIVATE FLYING

49.1 The Pilot will not, without Tigerair’s prior approval, enter into any other employment agreement or contractor arrangement, as this may adversely affect the Pilot’s employment with Tigerair.

49.2 To comply with Civil Aviation Requirements, the Pilot will not fly any other aircraft without the prior written consent of the Head of Flying Operations (or delegate). Where a Pilot is so authorised to fly aircraft, other than for Tigerair, the Pilot will provide Tigerair with all necessary details of such flying.

REGULATORY MATTERS

50 ASIC

50.1 Pilots must maintain an Aviation Security Identity Card (ASIC). Pilots accept that their employment may be in jeopardy if they cannot maintain an ASIC as a consequence of their own conduct.

50.2 Tigerair will pay for a Pilot’s ASIC issue and renewal.

51 PASSPORTS

Pilots must maintain a current passport so as to allow them to gain entry into each port into which Tigerair flies and undertakes training. 52 TERMINATION

52.1 Termination of employment is provided for in the NES. This clause provides occupational specific detail.

52.2 Notice to the Pilot if Tigerair or the Pilot terminates employment during the probationary period

During the probationary period, either the Pilot or Tigerair may terminate the Pilot’s employment by giving two (2) weeks’ notice or, in the case of Tigerair, by making payment in lieu.

52.3 Notice to the Pilot if Tigerair terminates the employment outside of the probationary period

A Pilot is entitled to three (3) months' written notice or payment in lieu of all or any part of the notice that the Pilot is not required to work by Tigerair (at Tigerair's discretion) calculated at the Pilot's gross salary. 52.4 Notice to Tigerair if a Pilot terminates their employment outside of the probationary period

(a) A Pilot is required to give three (3) months' written notice when terminating their employment. (b) Tigerair may waive any or the entire notice requirement, in which case the Pilot shall be paid in lieu of any of the notice period. 40 w

(c) If a Pilot fails to provide sufficient notice to Tigerair, and if Tigerair has not agreed to waive any or all of the notice period, Tigerair is entitled to deduct from the Pilot's termination pay, the equivalent amount of notice, which the Pilot has failed to give. (d) Tigerair and the Pilot may agree on the Pilot ceasing employment prior to the expiry of the 3 months' notice period (at the Pilot's request) without Tigerair having to pay an amount in li of the notice not worked, or the Pilot forfeiting an amount equivalent to the notice not worked.

53 REDUNDANCY

53.1 Redundancy is provided for in the NES. This clause provides occupational specific detail.

53.2 Tigerair will ensure that redundancies are implemented as a last resort, only after all other reasonable measures to avoid redundancies have been considered.

53.3 Subject to Tigerair complying with section 120 of the Act, Tigerair is not liable for any redundancy payments if Tigerair is able to arrange an offer of adequate alternative employment for the Pilot. Adequate alternative employment means no disadvantage to the Pilot in terms of rank and annual fixed remuneration, or as agreed between Tigerair and the Pilot.

53.4 Should the need for demotion occur as a result of a downturn in Tigerair's operation, the parties shall meet as soon as possible to establish how the demotion shall be implemented. Where agreement is not reached, the matter shall be dealt with in accordance with clause 19 of this Agreement.

53.5 Where a Pilot accepts an offer of transfer to lower paid duties by reason of redundancy, the Pilot will be given the following minimum notice or paid at the existing salary rate for the notice specified in the table below in lieu of notice as set out in clauses 52.2 and 52.3 (as applicable).

Period of service Notice period for transfer to lower paid duties

Under 1 year continuous service 3 weeks Over 1 year but under 3 years continuous service 6 weeks Over 3 years continuous service 8 weeks

53.6 Where a Pilot accepts the offer of transfer to lower paid duties in accordance with clause 53.5, the Pilot will not be entitled to redundancy pay.

53.7 the application of clause 31.2(c) of the Agreement will be subject to Virgin Australia complying with section 120 of the Fair Work Act 2009. The Pilot is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice period, but is not entitled to any payment in lieu of any part of the notice period not worked by the Pilot.

53.8 Unless otherwise provided for in this clause 53, if a Pilot’s employment is terminated as a result of redundancy, redundancy pay is in addition to notice of termination or payment in lieu of notice (or a combination of both). 41 w

53.9 Any Pilot who is made redundant and who is re-employed as a Pilot by Tigerair within five (5) years will resume their prior position on the Tigerair Pilots’ List. Pilots who are made redundant will be given priority for re-employment in order of Tigerair Pilots’ List. To be eligible for re-employment, Pilots are required to provide Tigerair with their updated contact details (including mobile, email and address details).

53.10 To avoid doubt, a Pilot covered by this Agreement cannot be required to give up their position or base because of redundancies in the Virgin Australia Wide Body, Narrow Body, New Zealand based operations or Virgin Australia Regional operations or other Group Pilots integrated on the Virgin Australia Group Pilots’ List. A Pilot covered by this Agreement can only be made redundant if a position covered by this Agreement is made redundant.

53.11 Save as otherwise provided in this clause 53, a pilot whose employment is terminated due to redundancy shall be entitled to notice in accordance with clause 52.

53.12 Qualifications on Redundancy

53.13 Where a Pilot is made redundant any of their qualifications including an instrument rating required by Tigerair at the time of employment shall have four (4) months currency from the effective date of the Pilot's termination.

53.14 Job search entitlement

53.15 Where Tigerair has given notice of termination to a Pilot by way of redundancy, an employee must be allowed up to one (1) day's time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the Pilot after consultation with Tigerair.

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APPENDIX A: Seniority and Upgrade Protocol

1. TIGERAIR PILOTS’ LIST

Tigerair will publish a list of the seniority of all Tigerair Pilots (to be known as the Tigerair Pilots’ List) as follows:

1.1. The seniority list in place under this Agreement as at 8 April 2016 will be known as the Initial Tigerair Pilots’ List (Initial Tigerair Pilots’ List). The Pilots on this Initial Tigerair Pilots’ List will not be re-ordered.

1.2. All Group Pilots on the Virgin Australia Group Pilots’ List as at 8 April 2016 will be added to the bottom of the Initial Tigerair Pilots’ List.

1.3. The Initial Tigerair Pilots’ List will then be updated to include all Pilots and Group Pilots who joined the Group after 8 April 2016 in accordance with the order outlined in Appendix 4 of the Virgin Australia Short Haul Agreement 2013 (as amended or replaced).

1.4. The seniority list which is updated in accordance with clause 1.3 above will be known as the Tigerair Pilots’ List.

1.5. Each new Pilot employed by Tigerair will be advised of their start date number on commencing employment.

1.6. Pilots employed on the same start date will have their respective numbers determined by the Pilot’s respective experience levels on that date. In these circumstances, the priority will be: (a) Greatest hours on aircraft above 40 tonnes as primary crew; or if not applicable, (b) Greatest hours on aircraft above 40 tonnes as Cruise First Officers/second officers; or if not applicable (c) Total aeronautical hours.

1.7. The Tigerair Pilots’ List will be updated quarterly and readily available on Tigerair intranet for Pilots to view.

1.8. Pilots will be permitted a period of 14 days after the Tigerair Pilots’ List being updated in which to object to Tigerair any omission or incorrect listing affecting their seniority, except if they are on leave or duty away from Home Base at the time of publication. Pilots shall then have 14 days from the date of their return to duty at Home Base to file an objection.

Tigerair will expedite consideration of all such objections. If a Pilot is dissatisfied with Tigerair's decision, they will have recourse to the Dispute Settlement Process in this Agreement.

1.9. A Pilot's start date/seniority shall determine:

(a) Base assignments; (b) Equipment assignment including new aircraft types; (c) Retention or demotion in case of reduction of establishment; (d) Postings and permanent transfers; (e) Commencement of training by allocated Resource Group (rank, base and 43 w

type) unless where a pilot’s availability necessitates a variance; and (f) Promotions/upgrades.

1.10. Except in the case of sub-clause 1.9(c) above, once a Pilot has been assigned to a position and a Base the Pilot cannot be displaced from that Base or position by a more senior Pilot on the grounds of seniority.

1.11. To avoid doubt, Pilots covered by this Agreement cannot be required to give up their existing position or base as a result of redundancies elsewhere in the Group because of relative position on the Virgin Australia Group Pilots’ List (see below under clause 5).

1.12. If a Pilot on the Tigerair Pilots’ List transfers to a position elsewhere within the Group but outside of Tigerair, they will retain their priority on the Tigerair Pilots’ List. However, should that Pilot return to Tigerair and subsequently leave Tigerair a second time, they will lose their priority on the Tigerair Pilots’ List and receive a position on the Tigerair Pilots’ List which is commensurate with their position on the Virgin Australia Group Pilots’ List, ie. 8 April 2016.

2. RECRUITMENT OF GROUP PILOTS TO TIGERAIR

2.1. To be eligible for a command upgrade by progression within Tigerair, a Group Pilot must be a current First Officer or Captain at another Group Company and have satisfied the promotional criteria defined in the relevant operational manual and any selection process under this Agreement.

2.2. Any progression by a Group Pilot to a vacant position within Tigerair will be subject to successful completion by the Pilot of the applicable recruitment process for the vacant role including as set out in this APPENDIX A: Seniority and Upgrade Protocol to this Agreement. This process may consider the Pilot’s performance whilst employed by a Group Company but will not involve psychometric testing (unless there is a regulatory or requirement under this Agreement to conduct this testing).

2.3. As part of this process, should a Group Pilot fail to qualify on their new aircraft type or rank with Tigerair, they will be subject to the applicable process under this Agreement and relevant operational manuals. By agreement between Tigerair, the relevant Group company and the Group Pilot, in this circumstance the Pilot may be re-employed by the relevant Group company.

2.4. A Group Pilot who transfers employment from another Group Company to Tigerair will be frozen on aircraft type for three (3) years from the date of entry into the cyclic program. However, this does not preclude a First Officer from bidding for a command on the same aircraft type within Tigerair.

2.5. If a Group Pilot becomes employed by Tigerair due to their progression to a vacant position within Tigerair pursuant to the operation of the Virgin Australia Group Pilots’ List Tigerair or a Group Company will pay the cost of that Pilot’s endorsement training.

2.6. If Tigerair or a Group Company on behalf of Tigerair pays the cost of a Group Pilot’s endorsement training: 44 w

(a) in exchange for the benefit of Tigerair or another Group Company paying for the cost of the Pilot’s endorsement with Tigerair, the Pilot will be bonded for $45,000 for the period of three (3) years following the date of entry into the cyclic proficiency program; and

(b) if the Pilot resigns from his/her employment with Tigerair (other than as a result of medical or age retirement) within three (3) years following the date of their entry into the cyclic program, the Pilot must pay Tigerair a proportion of the training bond of $45,000 that is commensurate with the proportion of the three (3) year period that has not elapsed.

2.7. Further, the Pilot must enter into a legally binding training bond agreement reflecting the terms outlined in clause 2.6 above.

2.8. Nothing in clause 2.6 above will result in a Pilot having total annual earnings less than they would have had under the relevant Modern Award for the equivalent period of service.

3. PRIORITY FOR RECRUITMENT TO VACANT POSITIONS WITHIN TIGERAIR PRIOR TO THE INTEGRATION DATE

3.1. The following arrangements will apply to recruitment to vacancies within Tigerair:

3.1.1. In accordance with the provisions of this Agreement, priority for First Officer and Captain positions within Tigerair will be given to Pilots in accordance with the Initial Tigerair Pilots’ List (ie Pilots employed by Tigerair as at 8 April 2016);

3.1.2. Any Pilots engaged on a temporary basis by Tigerair as at 6 November 2017, who have a contract termination date of no later than 1 January 2019 may be offered permanent employment at Tigerair as a First Officer. In the event this occurs:

(a) the Group date of joining on the Virgin Australia Group Pilots’ List for these Pilots will be 15 January 2018 (ie the date on which they commence permanent employment with Tigerair); and (b) the date of joining on the Tigerair Pilots’ List will be the date on which the Pilot commenced his/her first day of induction with Tigerair. Pilots with the same start date will be added to the Tigerair Pilots’ List in accordance with clause 1.6 above.

3.1.3. Any residual vacancies may be offered to Pilots recruited from outside of the Group. These Pilots will be assigned a Group date of joining of no earlier than 15 January 2018 and below the Pilots referred to in clause 3.1.2 above.

4. PRIORITY FOR RECRUITMENT TO VACANT POSITIONS WITHIN TIGERAIR AFTER THE INTEGRATION DATE

4.1. After the Integration Date, the following arrangements will apply to recruitment to vacancies within Tigerair:

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(a) Vacancies will be filled in the order set out in the Tigerair Pilots’ List;

(b) Where Tigerair cannot fill vacancies from candidates on the Tigerair Pilots’ List, Tigerair may engage Pilots from outside of the Group.

4.2. Tigerair will not engage a Pilot as outlined in clause 3.1.3 above beyond 1 January 2019 unless there are no suitable Pilots on the Tigerair Pilots’ List. If there are no suitable Pilots on the Tigerair Pilots’ List and such a Pilot is offered permanent employment at Tigerair, it may only be as a First Officer. In these circumstances, the Pilot’s group date of joining on the Virgin Australia Group Pilots’ List will be the date they commenced permanent employment (i.e. not before the Integration Date).

5. VIRGIN AUSTRALIA GROUP PILOTS’ LIST

5.1. All Tigerair Pilots employed on or before 8 April 2016 will be added to the Virgin Australia Group Pilots’ List created pursuant to the Virgin Australia Short Haul Pilots Agreement 2013 (as amended or replaced) with a group date of joining of 8 April 2016. They shall be added to the Virgin Australia Group Pilots’ List in the existing order on the Tigerair Pilots’ List. They shall not be re-prioritised.

All Tigerair Pilots employed after 8 April 2016 will have a position on the Virgin Australia Group Pilots’ List determined in accordance with Appendix 4 of the Virgin Australia Short Haul Pilots Agreement 2013 (as amended or replaced).

5.2. To facilitate the career progression of Pilots employed by Tigerair to other positions within the Group, Tigerair will release Pilots for this purpose. However, Tigerair will not be required to release any Pilots before the Integration Date, or more than 10% of Pilots in any rolling 12 month period, to allow Pilots to take up a vacant position within the Group as a result of their place on the Virgin Australia Group Pilots’ List.

5.3. At its discretion, Tigerair may release Pilots before the Integration Date or at a rate of greater than 10%.

5.4. Any progression by a Pilot employed by Tigerair to a vacant position within the Group pursuant to this clause 5 will be subject to successful completion by the Pilot of the applicable recruitment process for the vacant role applied for under the relevant enterprise agreement. This process may consider the Pilot’s performance whilst employed by Tigerair but will not involve psychometric testing (unless there is a regulatory or enterprise agreement requirement to conduct this testing within the relevant Group company).

5.5. As part of this process, should a Pilot fail to qualify on their new aircraft type or rank, they will be subject to the applicable process under the relevant enterprise agreement and operational manuals. By agreement between Tigerair, the relevant Group company and the Pilot, in this circumstance the Pilot may be re-employed by Tigerair.

5.6. To be eligible for progression through the operation of the Virgin Australia Group Pilots’ List, a Pilot must be a current First Officer or Captain within Tigerair and have satisfied the promotional criteria defined in the relevant operational manual.

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5.7. If a Pilot employed by Tigerair transfers to a position elsewhere within the Group (but outside of Tigerair), they will retain their priority on the Tigerair Pilots’ List. However, should a Pilot previously employed by Tigerair return to Tigerair’s employ and then leave Tigerair a second time, they will lose their priority on the Tigerair Pilots’ List and receive a position on that list which is commensurate with their position within the Virgin Australia Group Pilots’ List (i.e. 8 April 2016).

6. PRESERVATION OF SENIORITY

6.1. A Pilot whose license has been cancelled or suspended on medical grounds will retain a right to re-employment with Tigerair for a period of five (5) years from the date of such cancellation or suspension provided their commercial or higher license pertinent to their employment is re-issued within the period and an application to re- join Tigerair is made within three (3) months of the re-issue of their medical. The Pilot may have to wait for the next vacancy to arise and their position on the Tigerair Pilots’ List shall be maintained.

6.2. Once three (3) years have elapsed then the right to re-employment will be retained for up to five (5) years but the Pilot’s effective start date for the purpose of the seniority list will have a day added for each day that the Pilot is out of employment beyond the three (3) year point.

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APPENDIX B: Roster Rules

COMMON CONDITIONS

1. HOURS OF WORK

1.1. Hours of work, days off and rest periods will be determined in accordance with the following provided that ordinary hours of work must not average more than 38 per week over a three (3) month period (excluding reasonable additional hours):

(a) the regulations approved by CASA from time to time; or

(b) general or specific exemptions to, or concessions under, the regulations approved by CASA from time to time.

1.1 Notwithstanding clause 1.1 above, the parties agree to the following:

(a) A Pilot will not fly and Tigerair will not roster the Pilot to fly in excess of 100 hours per month, noting that duty hours may exceed this.

(b) A Pilot will not fly and Tigerair will not roster the Pilot to fly as a flight crew member in excess of 1000 hours in 365 consecutive days, noting that duty hours may exceed this.

(c) Pilots will not be rostered to work greater than 14 duty hours and may perform work to 16 duty hours per day with mutual agreement between Tigerair and the Pilot.

2. SIGN ON/SIGN OFF

2.1. Sign on time shall be 60 minutes before the scheduled flight departure, unless for training purposes as prescribed in Operations Manual Part D (OM-D).

2.2. Actual sign-off will be recorded on the voyage report. Actual sign-off is the later time of either: (a) the on-chocks plus 15 minutes; or (b) the actual sign-off time.

2.3. For dead head transportation, the scheduled sign off will be on-chocks plus 15 minutes if the Pilot travels on the assigned flight. If the Pilot travels in their own time, the sign-off will be on-chocks plus 15 minutes of the dead head flight time originally assigned on the roster.

3. RECORDS

Tigerair shall maintain records of actual flight and duty times to monitor each Pilot's hours to ensure legal maximum limits are not exceeded. Similarly, each Pilot shall monitor his/ her hours in accordance with their obligations.

4. MINIMUM REST

4.1. Roster Build

The minimum rest between duties at a Pilot's Home Base shall be 12 hours.

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4.2. Day of Operations

The minimum rest between duties at a Pilot's Home Base may be reduced by mutual agreement between Tigerair and the Pilot, subject to CASA regulations in accordance with clause 1.1 of this Appendix.

4.3. Away from Home Base

(a) The minimum rest between duties away from a Pilot's Home Base will be subject to CASA regulations in accordance with clause 1.1 of this Appendix, provided that the Pilot’s hotel room is available for occupation by the Pilot for a minimum of 10 hours.

(b) In circumstances where access to the room is delayed because of matters outside of the Pilot’s control, they can ring the Operations Control Centre and extend the rest period by the period of the delay.

(c) The minimum rest between duties away from a Pilot's Home Base may be reduced by mutual agreement, subject to CASA regulations in accordance with clause 1.1 of this Appendix.

5. DAYS OFF AT HOME BASE

5.1. Days off shall be rostered at a Pilot's Home Base, unless otherwise agreed by the Pilot. Days off for Transition Training will be in accordance with clause 22 of APPENDIX B: Roster Rules.

5.2. For new intake Pilots, Days Off at Home Base will commence following completion of the Proficiency Check.

6. ROSTER BUILD

6.1. Rosters will be developed based on the needs of the business schedules and may include the following:

(a) Administrative duties; (b) Available days; (c) Checking, Training or Specialist duties; (d) Days Free of Duty; (e) Pre-assigned leave; (f) Rostered days off; (g) Scheduled flights; (h) Standby days; (i) Substitute Day Off; (j) Subject to Operational Clearance; (k) Training / simulator days; and (l) Any other roster codes agreed between Tigerair and the TPCC.

7. ROSTER PUBLICATION

7.1. Rosters will be planned monthly, published and made available to Pilots not less than seven (7) days prior to its commencement.

7.2. The roster period is a calendar month.

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8. STANDBY PERIODS

8.1. The following rules apply to standby arrangements:

(a) Pilots will be rostered for standby periods not exceeding eight (8) hours. (b) Only one (1) period of standby will be rostered in any calendar day. (c) Once the standby period is published this cannot be changed less than 48 hours prior to the commencement of the standby period, unless otherwise mutually agreed. (d) A rostered standby period will be followed by a minimum period free of duty of 12 hours. (e) Standby periods will be clearly annotated on a Pilot's roster with commencement and completion times. (f) Pilots on standby must be able to sign on within 120 minutes after the end of a call if required. E.g. if there was a standby of 0600 to 1400, then the earliest sign on would be 0800 and the latest would be 1600. (g) When a Pilot is called for a duty during a standby period, the Pilot is expected to report at the report time nominated. (h) In exceptional circumstances a Pilot may be: i. contacted up to one (1) hour prior to the commencement of the rostered standby period; ii. in these circumstances acceptance of a sign on time earlier than the original standby plus 120 minutes shall be at the discretion of the Pilot; iii. Tigerair may roster standbys in blocks of up to 5 days. (i) Standby before an RDO will be rostered no later than 1800, but the duty can extend beyond 1800. (j) If a Pilot is called out from standby to conduct a duty, then the maximum time from the commencement of the standby period to sign off (including the time spent on standby) is 18 hours. This may be extended to 20 hours to complete an assigned duty. (k) The maximum number of published standby duties per Pilot in a roster period will be determined in accordance with the table below.

Flight Hours Maximum Number of Standby Days Rostered per Roster Period (RP) Under 55 hours 8 > 55 to 60 hours 7 > 60 to 65 hours 6 > 65 to 70 hours 5 > 70 to 75 hours 4 > 75 to 80 hours 3 > 80 to 90 hours 2 > 80 to 95 hours 1 >95 hours 0

(l) For the sake of clarity, clause 8.1(k) does not apply to Pilots that are on Training Standby.

9. STANDBY AND ANNUAL LEAVE

9.1. Any rostered Standby period on the day prior to Annual Leave will finish no later than 1800; however a duty can be assigned during the standby period which extends beyond 1800.

9.2. A Standby period rostered immediately following an Annual Leave Day shall commence no earlier than 0600.

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10. AVAILABLE DAYS

10.1. An available day is a day where there is no planned duty at the roster build.

10.2. Any duty, excluding standby, can be assigned at any time to the available day, provided it is assigned before 1900 on the previous day.

10.3. The Pilot is responsible for checking and accepting any assigned duty.

10.4. If no duty has been assigned at 1900 on the evening prior to the available day, the day becomes a DFOD.

10.5. DFOD does not count towards the total days off calculation.

10.6. Any duty offered to the Pilot once the available day has been turned into a DFOD may be accepted by the Pilot at his/her discretion.

11. WORKING ON A RDO, ANNUAL LEAVE DAY OR DFOD (VOFF)

11.1. To meet short term rostering requirements, Tigerair may contact a Pilot to work on his/her RDO, Annual Leave day or DFOD. A Pilot is not obliged to accept the offer of a duty on their RDO, Annual Leave or DFOD.

11.2. Pilots may also elect to volunteer a RDO, Annual Leave day or DFOD as a VOFF Day. VOFF days count as Days Off whether used or not.

11.3. A Pilot that accepts a duty on VOFF may be either assigned a flying duty or standby depending on operational requirements.

11.4. A Pilot called for duty on a VOFF can refuse the duty due to changed circumstances or where the duty will affect the Pilot's subsequent duty.

11.5. If the Pilot accepts the duty, they will receive a VOFF payment as otherwise adjusted at clause 1.1 of this Agreement.

11.6. In addition to the VOFF payment, the flight hours will count towards the 60 hours threshold.

11.7. A Pilot working a VOFF who extends into a subsequent RDO or an Annual Leave day shall, in addition to the applicable flight pay be paid a Late Finish Allowance in accordance with the following:

(a) Where the sign off time before days off is infringed there will be a penalty of (Late Finish Allowance): i. 25% applicable for sign off up to and including midnight; ii. 50% if sign off between 0001 and 0259; and iii. 100% if sign off after 0259.

(b) In addition to the Late Finish Allowance, the Pilot will receive an SDO which will be rostered in consultation with the Pilot to ensure minimum disruption to rosters and the flying program.

(c) Pilots who accept a duty on a VOFF day will not be provided with an SDO (i.e.: monthly

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minimum days off will include the RDOs and the VOFF days). In instances of working on an Annual Leave day, the Annual Leave day will not be deducted from the Pilot’s Annual Leave balance.

12. COMPANY ROSTER CHANGES

Subject to clause 8.1(c) and 13 of APPENDIX B: Roster Rules, Tigerair shall not change a Pilot's published roster without agreement from the Pilot.

13. ROSTER DISPLACEMENT

13.1. A Pilot may be displaced from a rostered duty for the following reasons:

(a) Flight cancellation. (b) Checking. (c) Training. (d) Disruption to services due to weather or mechanical malfunction. (e) Duty Hour Limitations/FTL. (f) Standards, qualifications, recency or investigation. (g) Pilot sickness. (h) Commercial Requirements (i.e. re-timing of sectors and combining sectors).

13.2. A Pilot who is displaced from a rostered duty will be placed on a period of displaced standby the same as the original rostered duty. Once on displaced standby, the Pilot can only be assigned a duty that falls within a period commencing two (2) hours prior to the original sign on time and terminates two (2) hours after the original sign off time at Home Base, unless such Pilot agrees otherwise.

13.3. Where a Pilot is displaced from a rostered duty Tigerair will provide the Pilot/s affected with specific written reasons for the displacement at the time of notification. A Pilot who is displaced from duty may be reassigned another duty or put on standby.

13.4. No flight pay credits are applicable if a Pilot is displaced from a rostered duty.

14. EXTENSIONS AND RECOVERY

14.1. Where flights are cancelled or disrupted due to factors such as weather or mechanical malfunction as a result of which Pilots are unable to complete their original scheduled duty (i.e. duty has been changed after sign on) to Home Base within the two (2) hour buffer, the guiding principle for Crewing will be to return such crew to Home Base as soon as practicable.

14.2. Where flights are cancelled or disrupted due to factors such as weather or mechanical malfunction as a result of which Pilots are able to complete their original scheduled duty (i.e. duty has not been changed after sign on) to Home Base, the two (2) hour buffer at Home Base will not apply and the guiding principle for Crewing will be to return such crew to Home Base within the maximum allowable Flight Duty Period, unless the Pilot exercises his/her discretion to extend.

15. PERSONAL ROSTER CHANGE REQUESTS

15.1. Tigerair shall provide a procedure to allow Pilots to arrange mutual exchanges of roster duty periods with other Pilots on the same Base and holding the same qualification level.

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15.2. The Pilot shall make the request via the crewing and operations management system. System approval of the duty exchanges will be subject to the limitations under this Agreement and subject to CASA regulations in accordance with clause 1.1 of this Appendix.

15.3. A Pilot who swaps to a duty finishing later than the Pilot’s rostered duty on the day before an RDO will not be eligible for additional penalty payments as a result of the swap.

15.4. The swap may be refused if it causes consequential disruption to any roster.

16. ACCEPTANCE OF A DUTY FROM OPEN TIME

16.1. Where a Pilot voluntarily accepts a duty from Open Time on their RDO, Annual Leave Day or DFOD, the Pilot will not be entitled to the VOFF payment set out in clause 1.1 of this Agreement and clause 11 of this Appendix above.

16.2. Where a Pilot accepts a duty in accordance with clause 16.1 of this Appendix above on an Annual Leave day, the Pilot will not have the Annual Leave day deducted from their Annual Leave balance.

17. OVERNIGHTS

Tigerair may at its discretion roster overnights to cover duties at other bases and/or planned overnights for operational purposes.

18. RECURRENT TRAINING

18.1. Recurrent training (such as cyclic or ground training) will be rostered on assigned / rostered work days.

18.2. Where a Pilot agrees to undertake recurrent training on an RDO, Annual Leave Day or DFOD prior to the roster being published, a substitute RDO will be provided.

18.3. Where a Pilot agrees to undertake recurrent training on an RDO, Annual Leave Day or DFOD after the roster is published, the Pilot is entitled to a substitute RDO or a VOFF payment.

19. ROSTER TYPES

The parties recognise the need for predictable roster patterns and that one option to address this is to provide for a fixed roster. However, the parties will not unreasonably withhold agreement to the consideration of other alternatives should they become available e.g. preferential bidding system.

20. NOTICE TO CHANGE ROSTER TYPES

20.1. An employee is required to provide a minimum of three (3) months' written notice to request a change of roster types i.e. fixed or flexible. Any request will be subject to Tigerair's approval, in accordance with clause 6 of Part B of this Appendix.

20.2. Any requested change in roster type will be for a minimum period of at least six (6) continuous months.

21. ROSTER REVIEW

21.1. The TPCC Pilot representatives shall nominate two (2) Pilot representatives who will form the Roster Quality Committee (RQC).

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21.2. The RQC will review rosters on a monthly basis and provide feedback to the TPCC with a view to improve roster quality, provide measures to mitigate fatigue and avoid undesirable pairings.

21.3. Prior to roster publication (post initial build), the RQC will be provided all rosters by Base/Rank (in PDF format, approved Annual Leave and GOLD day requests) for the purpose of roster auditing.

21.4. Following each monthly roster audit, the RQC will complete and distribute a Tigerair checklist to the TPCC.

22. TRAINING RELATED TO TYPE TRANSFERS

22.1. Notwithstanding any other provision in this Agreement, Pilots undertaking B737 conversion training as part of the A320 fleet replacement (“conversion training”) will be subject to the following:

(a) Pilots will receive two (2) DFODs in seven (7) or four (4) days in 14 (to accommodate training schedules), unless otherwise agreed.

(b) Where it is necessary due to operational considerations to roster six (6) days duty in a seven (7) day period, a Pilot will be rostered at least one (1) block of three (3) consecutive DFODs in 28 days.

(c) Pilots undertaking simulator training will be rostered a minimum of 12 hours free of duty between consecutive simulator sessions. This can be reduced by mutual agreement in the event of simulator unserviceability.

22.2. Following completion of conversion training undertaken away from Home Base, Pilots will be rostered Days Off at Home Base immediately upon their return as follows:

Days away from Home Base RDOs at Home Base 1 – 6 2 7 – 14 4 15 – 21 6 22 – 30 8 31 – 40 10 41 – 50 12 More than 50 days An additional two (2) days will be provided for every 10 days beyond 50 days

22.3. The maximum duty period for training duties will be 12 hours.

22.4. The minimum Time Free of Duty between training duties will be 11 hours unless otherwise agreed, however this will be no less than 10 hours.

22.5. Pilots undertaking training do not accrue days in lieu or additional RDO upon their return to their Home Base, other than described above.

22.6. Where Pilots are required to change their roster to accommodate operationally required changes they will not be entitled to payments for working on an RDO. However, a substitute

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DFOD will be provided to ensure the number of DFODs over the course are preserved.

22.7. DFODs will be rostered as RDOs if the Pilot is in Home Base for Conversion Training.

PART B FIXED ROSTER

1. The applicable fixed roster is to be based on a five (5) working days on and three (3) Days Off pattern with the design taking into account commercial and operational limitations. Subject to clause 10 of Part B and for the sake of clarity, a Pilot’s fixed days off will not be changed unless by mutual agreement.

2. Tigerair may require approximately 20% of the work to be performed by Pilots on a flexible roster basis. This will be achieved by the number of Pilots who are retained on a flexible roster and the use of the Embedded Flexible Roster Period within the fixed roster.

3. In each fixed roster there may be a requirement for a maximum block of six (6) week Embedded Flexible Roster in every 30 week period. During this Embedded Flexible Roster, Annual Leave will be limited to a maximum of two (2) weeks and subject to the usual leave approvals. Tigerair will notify Pilots at least two (2) months in advance of the commencement of the 30 week cycle, detailing the Embedded Flexible Roster Periods. These dates may be converted to a fixed rostering arrangement at any time by Tigerair. Tigerair will notify Pilots at least two (2) months in advance of the activation of their Embedded Flexible Roster Periods. These dates may be converted to a fixed rostering arrangement at any time by Tigerair.

4. Tigerair recognises that the fixed roster pattern is intended to provide Pilots with predictable rosters, Days Off and adequate rest periods. Accordingly, through its internal practices, Tigerair will implement Day five (5) rostering practices to protect Days Off. For Pilots on a fixed roster, this includes, but is not limited to the use of Available days, Rest days, Standbys.

5. As a protection of the three (3) Days Off, Pilots will be provided with a period of at least 80 consecutive hours free of duty from sign off to sign on. Tigerair will not change a Pilot's original sign-on time on Day one (1) unless by agreement with the Pilot.

5.1. Where an infringement of the 80 consecutive hours occurs, the following will apply:

(a) The Pilot will automatically be removed from duty on Day one (1) and the day will become a DFOD; or (b) Otherwise, the Pilot may elect to work on Day one (1) and notifies Tigerair within 24 hours of sign off on Day five (5) and continues to work the original roster.

5.2. Where a Pilot on a fixed roster works beyond 2359 on the Day five (5) of the roster cycle, into the RDO, the employee will be entitled to the following penalty payments (Late Finish Allowance):

(a) 50% loading on the applicable VOFF rate until 0259; (b) 100% loading on the applicable VOFF rate thereafter; and (c) An SDO to be taken on Day one (1) unless clause 5.1(a) applies in which case the SDO will be taken by mutual agreement.

5.3. For the avoidance of doubt a Pilot is entitled to either a DFOD or a substitute day off. The SDO will count towards the monthly RDO limit.

6. Fixed rosters will not apply in the following circumstances:

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6.1. Small bases - as there is a minimum requirement for 10 Captains or 10 FOs to be assigned to the same fleet type and operating in the base to be eligible for fixed rosters;

6.2. Any Pilots while undertaking line training;

6.3. Green Pilots who are newly checked out Pilots as defined in Part D Training and Checking Manual;

6.4. Pilots engaged on part-time arrangements unless there is mutual agreement between Tigerair and the individual;

6.5. Pilots undertaking check and/or training duties, other than line training Captains or by agreement with Tigerair;

6.6. Pilots who are in their probationary period;

6.7. Where a Pilot has been absent for more than two (2) months and requires a further period of training;

6.8. Any other circumstances as agreed in accordance with the Consultation provision at Clause 9 of the Agreement; and

6.9. Notwithstanding the above, any Pilot transferred to a short term flexible roster for training purposes shall be returned to their original fixed roster pattern within three (3) roster periods following the date the Pilot is checked to line.

7. The fixed rosters may be suspended where Tigerair considers that there are operational reasons that preclude its operation (e.g. government regulation, extreme weather, or other issues beyond Tigerair's control in which case the Pilots will revert to flexible rosters whilst issues are being resolved). The Pilots and the TPCC will not unreasonably withhold agreement to alter the roster arrangements.

8. The schedule of hours for the 5/3/5/3 for the calendar year roster shall comprise of the following:

i Days Off 137 (includes seven (7) substitute public holidays pre- allocated) ii Annual leave days 29 (includes four (4) substitute public holidays pre-allocated)

Total days 166

9. Pilots who at the commencement of the Tigerair Pilots Australia Enterprise Agreement 2014 were working on a fixed roster rotation of 5/4/5/2 will work a 5/3/5/3 roster with an additional seven (7) Days Off being retained.

10. Fixed roster pilots will be rostered one flexible weekend per year. Following the completion of the Annual Leave ballot, fixed roster pilots will be required to choose one of five (5) options provided by Tigerair. If a fixed roster pilot does not nominate an option, Tigerair will roster the fixed roster pilot on one of the five (5) options.

PART C FLEXIBLE ROSTERS

1. A Pilot working a Flexible Roster shall work on the following basis:

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1.1 Prior to 31 December 2018, the following provisions shall apply:

(a) The roster shall provide for a planned minimum of 10 days off in any 28 day period averaged over a 6 month period, with a planned minimum of 9 days off in any calendar month and 130 days off in a calendar year, pro-rated for those that have either not been employed with Tigerair or on a Flexible Roster for the full Calendar Year. (b) The roster shall contain no more than one (1) single RDO in any calendar month unless otherwise requested by the pilot.

1.2 From 1 January 2019, rosters for Pilots shall provide for the following minimum Days Off each month:

Month Minimum days off January 10 February 11 March 11 April 11 May 11 June 11 July 11 August 11 September 11 October 11 November 11 December 10 Total 130

1.3 The roster shall contain no more than one (1) single RDO in any calendar month unless otherwise requested by the Pilot.

2. Pilots will have an ongoing opportunity to work a flexible roster and will be required to do so in certain circumstances.

3. The days off will equate to a Pilot on a fixed roster rotation of 5/3/5/3 as set out at sub-clause 8 Part B - Fixed Roster above.

4. Pilots on a flexible roster will be rostered off one (1) weekend per month with a maximum of six (6) weeks between weekends off with a minimum of 13 weekends off per calendar year.

5. Monthly Roster Requests - Flexi Roster

5.1. In addition to the weekend rostered off, Pilots working on a Flexible Roster pattern shall be eligible to submit roster requests for up to four (4) days off per month.

5.2. A roster request for any month must be made before the 20th day of the preceding month prior to the roster build.

5.3. Roster requests shall be considered by Tigerair first-come, first-served basis.

6. Flexible Requirements for Days Off (not including Annual Leave or standby) Protection around Days off

6.1. Pilots will be rostered in accordance with the following provisions to ensure their designated

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days off are sufficiently protected. These are maximum limits and the intent is that Tigerair will not roster to the limits.

6.2. The roster requirements for Pilots on a Flexible roster will reflect the following earliest sign on and latest sign off times.

Days off allocation Latest sign off time Earliest sign on time

Three (3) days 2315 0500

Two (2) days 2300 0600

One (1) day 2230 0730

6.3. Unless by mutual agreement Tigerair cannot make changes to a Pilot's roster after it is published to infringe the sign on and sign off times above.

6.4. Where the sign off time before days off is infringed there will be a penalty of (Late Finish Allowance): (a) 25% applicable for sign off up to and including midnight; (b) 50% if sign off between 0001 and 0259; and (c) 100% if sign off after 0259.

6.5. The penalty referred to in clause 6.4 immediately above is based on a percentage of the Pilot's relevant callout rate for the period of the infringement.

6.6. In addition to the Late Finish Allowance, the Pilot will receive an SDO which will be rostered in consultation with the Pilot to ensure minimum disruption to rosters and the flying program.

7. Gold Day Requests

7.1. Gold Days are available for Flexible rosters only.

7.2. Gold Day requests are intended to provide an advanced guarantee of whether time off can be granted and will be issued on a first-come first-served basis. There will be a limited number of days off available to be rostered as Gold Days.

7.3. Pilots shall have eight (8) Gold Day requests per calendar year. A Pilot may use up to four (4) Gold Day requests in any one (1) month. Gold Day requests cannot be used on public holidays or between Christmas Eve and New Year's Day inclusive.

7.4. Where a Gold Day request cannot be granted, the Pilot will retain the Gold Day for later use in that calendar year. Gold day requests cannot carry over to the following year.

7.5. Priority for rostering day off requests shall be as follows:

(a) Leave requests; (b) Gold Day requests; (c) Day Off requests attached to leave; and (d) Day off requests.

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APPENDIX C: Part Time Employment

Eligibility

1. Tigerair may employ part-time Pilots in First Officer or Captain Positions (Pilots), where Pilots have 12 months or more service, unless otherwise agreed.

2. Pilots undertaking part-time employment will be engaged on flexible rosters.

Part-time definition

3. A part-time employee is a Pilot who is engaged to perform less than a full time roster on a reasonably predictable basis. Part-time Pilots are entitled on a prorata basis to equivalent pay and conditions to those fulltime Pilots including overtime triggers.

Request for part-time

4. A request for part-time employment is at the initiative of the employee with the decision to grant part-time employment being at the discretion of Tigerair, subject to both its commercial and operational requirements.

5. Tigerair will ensure that requests for part time work arrangements (including by Pilots with genuine family/carer responsibilities) are considered by Tigerair in accordance with the Fair Work Act.

6. Applications will be considered on the basis of demonstrated need for the following reasons: a) In conjunction with the return to work following a period of parental leave; b) On the basis of demonstrated carer responsibilities; or c) Other circumstances at the discretion of Tigerair.

Part-time employment terms

7. At the time of the engagement Tigerair and the employee will agree in writing to the following terms including: the date of commencement, the number of days to be worked per month; the expected duration of the arrangement. Any variation to the agreement will be mutually agreed and recorded in writing.

8. Part-time Pilots will be able to work a prorata number of days and will be rostered for and required to work the full range of duties during the prorata number of days, this includes: flying time, standby, simulator, as well as the way in which arrangements are rostered (ie time of trip, length of trip).

9. Part-time employment can be worked on the following basis: a) Pilots may either work a minimum of 50% or 75%; b) Where 50% work load is to be worked then the employee will be rostered to work 10 days in any month; c) Where 75% work load is to be worked then the employee will be rostered to work 15 days in any month. d) Where an employee has taken Annual Leave the remaining workdays will be adjusted on a prorata basis.

10. Simulator training time will count towards the maximum flight time for part-time Pilots.

11. Pilots will be required to work a flexible roster or as required by Tigerair. Prorata based on the

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target hours:

Part time Targeted Days worked category hours per month Flight pay trigger 75% of the target hours

for the PT75 15 days 45 hours resource group

50% of the target hours

for the PT50 10 days 30 hours resource group

Prorata and entitlements

12. Part-time Pilots are entitled on a prorata payment basis to equivalent conditions to fulltime Pilots. This means that upon commencement and during a period of part time employment, part-time Pilots will accrue and receive payment of the following on a prorata basis: URTI, Personal Leave, Annual Leave, Long Service Leave, Compassionate Leave and superannuation payments.

13. Pilots are entitled to the full entitlement in relation to: a) Allowances including meals, overnight and uniforms; b) VOFF payments; c) Loss of licence insurance; and d) Reimbursement of expenses.

Changes to part-time arrangements

14. Part-time employment does not break the continuity of service nor does it affect the employee's commencement date.

15. Part-time employment may be discontinued where the employee is upgraded to a position of higher duty or there is a change to the employee's base, unless otherwise agreed to by Tigerair.

Transfer between employment categories

16. Flight crew are required to provide 10 weeks' notice of their intention to return to fulltime work to allow for the roster build. Should it be requested, part time flight crew will remain on a flexi roster until such time as a fixed roster line is available.

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APPENDIX D: Job share arrangements

This Appendix comes into operation 12 months after the Commencement of this Agreement.

1.1 Job share arrangements are a form of part-time arrangement where two (2) Pilots agree to equally share one (1) Pilot position and one (1) line of flying, including sharing the Standby and Days Off on that line of flying.

1.2 Access to job share arrangements will be by application. Approval of the application by Tigerair will be subject to operational requirements and may be approved for a fixed term.

1.3 Each Pilot in a job share arrangement will be paid fifty percent (50%) of the Base Pay received by an equivalent full-time Pilot.

1.4 A Pilot in a job share arrangement will receive flight pay at the rate prescribed under clause 28.3 of the Agreement only where:

1.4.1 the Pilot has more than 30 Credit Hours in a month; and

1.4.2 the two (2) Pilots in the job share arrangement have between them performed more than 60 Credit Hours in that month.

1.5 Clause 28.2(h)i of the Agreement will apply to Pilots in a job share arrangement, provided that a week of Annual Leave for one (1) job sharer in a job share arrangement will attract a credit of at fifty percent (50%) of the rate applying to an equivalent full-time Pilot.

1.6 Each party to the job share arrangement will accrue a pro rata amount of paid leave and Days Off.

1.7 Parties to a job share arrangement will be expected and may be directed to take their pro rata amount of Annual Leave for the year. Annual Leave will be taken in minimum blocks of one (1) week.

1.8 The parties to a job share arrangement are responsible for allocating the full-time line of flying between each other.

1.9 The parties to a job share arrangement are responsible for notifying Tigerair within 72 hours of roster publish as to who will be crewing which flights on that roster.

1.10 In dividing the line of flying and in planning and taking Annual Leave, both Pilots to a job share must ensure that they maintain recency requirements as required by the OM-D.

1.11 The parties to a job share may agree to temporarily return to two (2) full lines of flying at the request of Tigerair to meet short term operational requirements.

1.12 A job share arrangement may be terminated by Tigerair, by providing one (1) Roster Period’s notice as follows:

a) for operational reasons, subject to notice of three (3) Roster Periods; or

b) where the recency requirements of the OM-D are lost more than once per annum for either Pilot; or

c) where the terms of this Agreement are not adhered to; or

d) where flying standards are adversely impacted; or

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e) Tigerair has reasonable grounds for believing it will be adversely impacted, as a result of any aspect of the arrangement; or

f) any combination of the reasons above.

1.13 A job share arrangement may be terminated by a Pilot by providing one (1) Roster Period's notice and is subject to Tigerair being able to productively use the additional Pilot resource.

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APPENDIX E: International Operations

Preamble

In the event that Tigerair commences International operations, Tigerair will undertake consultation in accordance with the Consultation provisions in this Agreement.

Regardless of the outcome of that consultative process, the following provisions will apply:

1. Sign on and Sign off Times

a. Sign on time shall be 90 minutes before the scheduled flight departure

b. Actual sign-off will be recorded on the voyage report. Actual sign-off is the later time of either: i. the on-chocks plus 30 minutes; or ii. the actual sign-off time.

2. Maximum nights away a. For flight duties that include international pairings, Tigerair will roster to a maximum of four (4) nights for fixed roster pilots or five (5) nights for flexible roster pilots in any one pairing away from the Pilot’s Home Base. b. A Flight Duty Pairing will only be regarded as “one that includes an International pairing” if it includes an International Overnight, not an international station turn.

3. Deadheading a. Pilots who are required to deadhead on an international sector will receive 50% deadheading credits, calculated based on the greater of actual or scheduled flight time. b. These credits are only applicable for international sectors associated with Tigerair international flying duties and do not apply to deadheading related to maintenance ferry flights and training related duty travel.

4. Vaccinations

Tigerair will pay for all vaccinations that are required or recommended by the Virgin Australia Group Medical Officer to enter the countries into which Tigerair flies. The list of recommended vaccinations will be published on the intranet and reviewed not less than annually.

5. Passports and Visas

a. Pilots must maintain a current passport and relevant visas so as to allow them to gain entry into each port into which Tigerair flies. Pilots accept that their employment may be jeopardised if they are unable to maintain these documents as a consequence of their own conduct. b. Tigerair will reimburse the costs associated with the maintenance of a five (5) year passport and relevant visas following the provision of relevant supporting documentation (including receipts).

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c. Tigerair will only reimburse costs for passports obtained through a priority processing service in exceptional circumstances. For exceptional circumstances to apply, the Pilot must obtain approval from their manager prior to submitting the application.

6. Unscheduled Overnight a. Pilots are entitled to be reimbursed up to $200 for an unscheduled Overnight in an international port following the provision of relevant supporting documentation (including receipts). b. An Overnight is unscheduled if Tigerair does not make reasonable efforts to bring the requirement to Overnight to the Pilot’s attention at least two (2) hours before sign on for the relevant duty. c. A duty involving a rostered Overnight that is extended for whatever reason to include one (1) additional Overnight is not considered to be an unscheduled Overnight.

7. Meals

a. Pilots who are rostered to operate or deadhead in a Tigerair aircraft on any international sector, at a time that touches the following time periods, will be provided with adequate and appropriate sustenance and refreshments.

Time period 0600-0800 (breakfast) 1200-1400 (lunch) 1800-2000 (dinner)

b. All times are referenced by scheduled departure time of the flight concerned in Home Base local time.

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APPENDIX F: Definitions

"Act" means the Fair Work Act 2009 (Cth), and all delegated legislation made under it, as amended or replaced from time to time.

"Administrative Duties" means duties assigned and agreed to in writing by a Pilot to undertake special projects provided they are not duties ordinarily assigned to administrative staff.

"Base" means a place in Australia that Tigerair operates aircraft from and in which Pilots are based.

“Base Pay” means the rates referenced in clause 28.2.

"Block Hours" means the time between when the aircraft commences pushback from a terminal or the first engine is started, whichever occurs first, until the aircraft engines are shut down at the completion of a flight.

"CAA” means the Civil Aviation Act 1998.

"Calendar Day” means the 24 hour period between midnight on a day and midnight on the day immediately following based on local time at the Pilot's Home Base.

"Calendar Year" means the period beginning on 1 January and ending on 31 December in each year.

"CAOs” means Civil Aviation Orders.

"Captain" means a Pilot who is currently licensed by CASA and is designated in writing by Tigerair to hold this position.

"CARs" means Civil Aviation Regulations.

"CASA” means the Civil Aviation Safety Authority.

“CAST” means a CHKA approved for all Tigerair simulator training.

"Check Captain" means a Captain appointed by Tigerair to undertake the position and who is approved in writing by CASA to conduct flight proficiency tests and who certifies as to the competency of Pilots so tested.

"CHKA” means a Check Pilot Category A and is a Pilot approved to conduct Line Proficiency checks in A320 and B737 aircraft during normal operations including Annual Line Checks and Clearance to Line Checks for Captains and First Officers.

"Check Pilot Category AB" is approved to conduct Line Proficiency checks in A320 and B737 aircraft during normal operations including Annual Line Checks and Clearance to Line Checks for Captains and First Officers; and cyclic training and proficiency simulator sessions in the A320 and B737 flight simulators.

"Checked to Line" means that the Pilot has successfully completed their clear to line check at the end of their line training and has been approved in writing to act as an operating crew member on that aircraft type.

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"Day Free of Duty" (DFOD) is a day at Home Base or out of Home Base where no duty has been assigned either because:

a) an Available day has been converted to a DFOD; or

b) day 1 is converted to a DFOD following an infringement of the 80 hour buffer for a Fixed Roster.

"Deadhead" or "Deadheading" means any travel performed at Tigerair’s direction as a passenger on an aircraft other than as operating crew.

“Direct Entry Captain” means a Captain who is employed by Tigerair directly into the position of Captain and is not employed as a pilot by Tigerair or the Group immediately prior to their direct entry.

"Duty" means all tasks and activities associated with being a Pilot as required by Tigerair, including but not limited to flying duties, simulator, positioning, deadheading, standby, duty travel, Administration and ground based courses.

“Duty Period” is a period which starts when a Pilot is required to report for a duty, until the Pilot is free of all duties.

“Duty Hours” means the time between Sign On and Sign Off in accordance with clause 2 of Appendix B.

"Duty Time” means duty time as defined in CAO 48 or concessions issued by CASA.

“Event” means each 24 hour period commencing from sign off at the layover port.

"Fair Work Commission” means the Fair Work Commission or its successor.

"Flight Pay" means the payment made to a Pilot on an hourly rate, after the Flight Pay Trigger, based on the Block Hours as scheduled within Tigerair flying program for any flight sector operated by a Pilot. Scheduled Block hours are reviewed at least annually.

"FRMS” means A Fatigue Risk Management System approved by CASA.

"First Officer" means a Pilot who is currently licensed by CASA and designated as such in writing by Tigerair.

"Ground Instructor" means a person who delivers instruction in a classroom under direction of the Head of Training and Checking (HoTC).

“Group Pilot” means a Pilot employed by a company within the Group except a Pilot employed by Tigerair.

"Home Base" is the geographical Base location within Australian territory to which the Pilot is assigned.

“Initial Tigerair Pilots’ List” means the seniority list in place under this Agreement as at 8 April 2016.

“Integration Date” means 1 July 2018, or another date agreed between the parties to the Tigerair Deed.

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"Layover" means when a duty terminates at a place other than the Pilot's home base and then recommences from that place.

A Local Night is a period of 8 hours free of duty which includes the period between 2200 and 0500.

"Line Training Pilot " (LTP) means a Captain authorised to deliver instruction in flight during normal line operations.

“Management Pilot” for the purposes of this Agreement means a Pilot who is employed in one of the following roles (or equivalent): Head of Flying Operations, Fleet Manager, Deputy Fleet Manager, Manager Technical Operations, Technical Supervisor, Technical Pilot, Flight Standards & Quality Manager, Head of Training and Checking, Training Manager B737, Training Manager A320, SEP Training & Standards Manager – Technical, Authorised Flight Examiners and Check Pilot Category AB.

"NES" means the National Employment Standards.

"NTS Facilitator" means a person who delivers training in non-technical skills under direction of the HoTC.

"Overnight" means where a Pilot is on a layover and required to have a suitable rest period prior to commencing duty. It does not preclude such period occurring in a period other than a night.

"Pilot" means a person who is the holder of a Commercial Pilot's Licence or Airline Transport Pilots Licence and is employed under this Agreement.

"Positioning" means duty travel by any method including deadheading, other than as an operating crew member required for the purpose of positioning a Pilot for a duty.

“Recurrent Training” means licence renewal training performed by the pilot to maintain currency in accordance with Operations Manual Part D (OM-D).

“Related Bodies Corporate” has the meaning given to it in section 50 of the Corporations Act 2001 (Cth), as amended or replaced.

“Resource Group” means the base, rank and fleet that a Pilot is assigned to.

"Rest period” means from sign-off to sign-on time where a Pilot is free from all duty.

“RDO” is a rostered day off in Home Base which is a calendar day from midnight to midnight and also includes a Local Night of 8 hours including the period between 2200 and 0500.

"Roster Rules" means APPENDIX B: Roster Rules.

"Standby" means a period in a day that is not allocated as a work day or RDO, where a Pilot must be contactable and available to be called in for duty.

“Simulator Duty” means briefing time, simulator flight time and debriefing time.

“Simulator Duty Period” means the total of the following:

a) briefing time; b) debriefing time; and c) simulator flight time credited at 1.5.

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"Standing bid" means a bid that remains extant until such time as the Pilot formally withdraws his/her bid or is otherwise successful in being awarded their bid.

"Temporary Transfer" means where a Pilot is temporarily transferred from that Pilot's Home Base, to another location or base within Australia that is not in relation to a layover, for an agreed period of not less than 6 days and not more than 180 days.

“Tigerair Deed” means the deed signed Tigerair, Virgin Australia Airlines Pty Ltd, the Australian Federation of Air Pilots and VIPA dated 8 August 2016 regarding the integration of Tigerair’s Pilots into the Virgin Australia Group Pilots’ List.

"Tour of Duty" means the elapsed period between sign-on and sign-off at Home Base or base to which temporarily transferred, including but not limited to, time spent in emergency procedure practices, simulator training, conversion, re-conversion or upgrade training, meetings, examinations and courses organised by Tigerair.

"Training Captain" means a Captain appointed by Tigerair in writing to perform Training Captain duties.

“Training Standby” means a Standby duty allocated to a Pilot under training.

"Union” means the Australian Federation of Air Pilots (AFAP) and VIPA.

"Upgrade Training" means a Pilot undergoing training for a higher status on the Pilot’s current aircraft type.

“Tigerair Pilots’ List” means the seniority list defined in clause 1 of APPENDIX A: Seniority and Upgrade Protocol to this Agreement.

“Virgin Australia Group” or “Group” means Virgin Australia Airlines Pty Ltd, Virgin Australia Regional Airlines Pty Ltd, Tigerair Australia Pty Ltd, and Virgin Australia (NZ) Employment and Crewing Ltd.

“Virgin Australia Group Pilots’ List” means the list created pursuant to the Virgin Australia Short Haul Pilots Agreement 2013 updated to include Pilots employed by Tigerair in accordance with clause 5 of APPENDIX A: Seniority and Upgrade Protocol to this Agreement.

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SIGNATORIES

Signed for and on behalf of Tiger Airways Australia Pty Ltd (Employer):

Full name:

Address: c/ 56 Edmondstone Road, Bowen Hills, Qld, 4006

Position:

Explanation of Authority to sign Agreement: The above person is authorised by the Employer to sign the Agreement on its behalf

Signature Date

In the presence of:

Signature Date

Full name:

Position:

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SIGNATORIES (cont)

Signed for and on behalf of Pilots covered by this Agreement:

Full name:

Address:

Position:

Signature Date

In the presence of:

Signature Date

Full name:

Position:

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SIGNATORIES (cont)

Signed for and on behalf of Australian Federation of Air Pilots (AFAP):

Full name:

Address:

Position:

Explanation of Authority to sign Agreement: The above union is a bargaining representative in accordance with Chapter 2, Part 2-4, Division 3 of the Fair Work Act 2009 (Cth) and the above person is authorised to sign on its behalf

Signature Date

In the presence of:

Signature Date

Full name:

Position:

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SIGNATORIES (cont)

Signed for and on behalf of VIPA:

Full name:

Address:

Position:

Explanation of Authority to sign Agreement: The above union is a bargaining representative in accordance with Chapter 2, Part 2-4, Division 3 of the Fair Work Act 2009 (Cth) and the above person is authorised to sign on its behalf.

Signature Date

In the presence of:

Signature Date

Full name:

Position:

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