Pilots are not eligible for alternative holidays for standby duty on public holidays unless they are called to work
Pilots rostered on standby during public holidays are not entitled to alternative holidays unless they are actually called to work, according to the Employment Relations Authority (ERA).
The ERA issued the ruling amid a legal dispute between Jetstar Airways Limited and the New Zealand Air Line Pilots' Association (NZALPA) over alternative holidays.
In the dispute, the NZALPA, representing Jetstar pilots, accused the airline of breaching both the collective agreement and section 59 of the Holidays Act 2003.
The union argued that pilots rostered on standby during public holidays faced significant restrictions — such as limitations on travel, alcohol consumption, and personal activities — preventing them from fully enjoying the holiday.
As a result, NZALPA contended that these pilots should be entitled to an alternative holiday, even if they were not called to fly.
Jetstar, however, maintained that its practices were consistent with both the collective agreement and the Holidays Act.
The airline pointed to the wording of the agreement, which it said was negotiated with the union and aligned with statutory requirements.
ERA sides with Jetstar
In its determination, the ERA sided with Jetstar and ruled that it did not breach the collective agreement or the Holidays Act.
"I accept the Jetstar pilots who are on standby during a public holiday are not entitled to an alternative holiday unless they are called to duty," ERA Member Alex Leulu said in the decision.
"For this reason, Jetstar did not breach the terms of the collective agreement or the Holidays Act. Accordingly, NZALPA claims were not successful."
The ERA acknowledged that pilots on standby do face some limitations, but found these were not severe enough to constitute a loss of a full holiday.
"Some restrictions are an inherent part of being on call such as being unable to consume alcohol, being contactable and being available to respond within a specific time once being called out," the ERA said.
"The other restrictions such as limitation on activities and the requirement to attend work were not significantly onerous and were not outside the usual bounds of planning one might be expected to undertake knowing they are rostered to be on standby."
The Authority also dismissed arguments that the pilots' inability to fully relax or spend time with family amounted to a breach of their entitlements.
"The restrictions imposed on the pilots while on standby were not sufficient to conclude their freedom of action meant they did not enjoy a whole public holiday," the decision read.
