Government Refuses to Disclose Contracts with KM Malta Airlines Staff

The government of Malta has declined to reveal the details of the contracts it signed with the staff of KM Malta Airlines, citing reasons related to ‘commercial interests’ and ‘data protection’. This decision came in response to a Freedom of Information request submitted by The Shift, an independent online news platform.

The refusal to disclose the information concerning salaries and agreements with pilots and cabin crew was based on the argument that disclosing the details would compromise commercial interests. Additionally, the government asserted that the salary criteria did not meet the definition of a document under Cap. 496.

The Shift has been actively challenging the government’s denials of Freedom of Information requests, leading to court rulings that declared the government’s definition of ‘a document’ to be inapplicable. Despite these legal judgments, the government has persistently used the same reasoning to deny transparency requests.

KM Malta Airlines, a state-owned entity, has been operating without recognizing any unions that previously represented Air Malta employees. This lack of union recognition has resulted in the absence of a collective agreement for the airline’s staff.

During the transition from Air Malta to KM Malta Airlines, pilots and cabin crew were required to sign new contracts that included provisions different from those of their previous agreements. Notably, these agreements prevented the employees from pursuing legal actions to claim their rights.

Following the closure of Air Malta, former employees had the option to join the new airline under altered conditions, as their existing contracts were not automatically transferred. However, to be employed by KM Malta Airlines, the staff had to forego ongoing legal cases, accept settlement offers, and sign legal waivers prohibiting them from suing either the former or the new airline.

A secret agreement signed by pilots in 2018 has become central to the case, marking a contentious issue in the ongoing legal proceedings. This agreement guaranteed the pilots job security under the same conditions they had at the time.

Recently, it was revealed that a settlement had been reached between a group of Air Malta pilots and Prime Minister Robert Abela, indicating that out-of-court agreements were made. These settlements involved taxpayer money to implement a secretive agreement previously orchestrated by former minister Konrad Mizzi and legal counsel Robert Abela.