AAPMBF Proposed Rule Change - CAUTION!

Australian Air Pilots Mutual Benefit Fund
J-C
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Re: AAPMBF Proposed Rule Change - CAUTION!

Postby J-C » Wed Mar 11 2015, 00:21

Those rule changes relating to amnesty periods and non-citizen membership are great initiatives. Unfortunately if members don't like, and hence vote no, to the amendment to rule 6(c) they will also be voting against such good initiatives. Perhaps the ballot should have allowed for an individual yes or no on each proposal? This would not be against the current rules to ballot as such!

JC
maxray
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Re: AAPMBF Proposed Rule Change - CAUTION!

Postby maxray » Sat Mar 14 2015, 21:36

With the proposed rule changes, if they were to be changed, where does it leave guys working overseas where-
-There is no workers comp for sickness or accident
-Pilots who are contracting individually, often in a 3rd world country, with no assurances so take the AAPMBF out if something were to happen, which is meant to covers them and their family
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Worzel_Gummidge
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Re: AAPMBF Proposed Rule Change - CAUTION!

Postby Worzel_Gummidge » Tue Mar 17 2015, 04:07

Has the Fund considered that this rule change could lead, or in some cases force, some to engage in unscrupulous behaviour?

Members whose Temporary benefit would be more than Workers Compensation may try to bring a workplace injury/illness home and claim it occurred outside the workplace in order to get the higher payout, particularly if the issue is going to be ongoing.

I've seen people try and do the reverse and take injuries from home into work to claim Workers Comp.
Matt Nielsen
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Re: AAPMBF Proposed Rule Change - CAUTION!

Postby Matt Nielsen » Thu Mar 19 2015, 00:37

maxray wrote:With the proposed rule changes, if they were to be changed, where does it leave guys working overseas where-
-There is no workers comp for sickness or accident
-Pilots who are contracting individually, often in a 3rd world country, with no assurances so take the AAPMBF out if something were to happen, which is meant to covers them and their family


Hello Maxray. Very simply, where no other entitlement exists, for whatever reason (as per you examples), the AAPMBF will make payments in accordance with the rules. You must also consider though, that the entitlements are based on the loss of an Australian Class 1 medical and it is only that standard by which any claim is judged.

Worzel_Gummidge wrote:Has the Fund considered that this rule change could lead, or in some cases force, some to engage in unscrupulous behaviour?

Members whose Temporary benefit would be more than Workers Compensation may try to bring a workplace injury/illness home and claim it occurred outside the workplace in order to get the higher payout, particularly if the issue is going to be ongoing.

I've seen people try and do the reverse and take injuries from home into work to claim Workers Comp.


It's obviously occured to me personally Worzel, but at the end of the day, we simply cant write rules to take into account unscrupulous behaviour. I understand the point that you're making but it would be potentially dangerous for anyone to consider such a course of action. Whilst AAPMBF monthly benefits are comparatively generous, you must burn through your personal leave entitlements and NONE of your medical bills are paid. As anyone who has had procedures done privately can tell you, these can run into tens of thousands of dollars.

I guess it's very tricky when you're the bloke with the bills to pay but I dont think its right to take other members money from a Fund of your peers when there is access to statutory entitlements (from entities with deeper pockets than ours). Remeber, this is not a change to the entitlement from the MBF. The current rule has provision for the same exclusions where Work Cover (or similar) is in place.

Work Cover is definately an issue and in a perfect world it would be a full replacement of income in the event of a workplace injury. AAPMBF has no sway on these State based entitlements. Ultimately, our choices as a group are to lobby our politicians, make it an industrial issue (lock top up payments into Enterprise Agreements) or lobby the Fund for a change to the intent of this rule.

In the case of the last item, this would constitute a major product change occassioning legal and actuarial examination. Ultimately, contributions may have to increase.

I'm still available for your questions anytime.
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Capt Hollywood
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Re: AAPMBF Proposed Rule Change - CAUTION!

Postby Capt Hollywood » Sat Mar 28 2015, 07:06

Found this in the Air Pilots Award...

22. Accident pay

22.1 In addition to any statutory entitlement to workers compensation a pilot will be paid
make-up pay.


22.2 The amount of make-up pay will be the difference between the workers compensation entitlement and the amount of salary plus allowances (not including commission for aerial application operations) that the pilot would have received had the pilot been at work for the period.

22.3 The amount in clause 22.2 will not apply for the first five or aggregate of five working days of incapacity nor will it apply during any paid leave period.

22.4 Make-up pay, where no ascertainable amount is available will be based on the average for the previous 12 months for aerial application operations and three months for all other pilots or lesser period of time which any pilot has been employed.

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

22.6 Make-up pay will be paid through normal payroll procedures or according to alternative arrangements mutually agreed between the pilot and the employer.

22.7 Nothing in this clause will affect the right of an employer to terminate a pilot’s employment in accordance with this award. No pilot will be terminated as a result of their having received make-up pay or as a means of avoiding make-up pay obligations.

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

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

22.10 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.

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