Association of Professional Engineers, Scientists and Managers, Australia v Boeing Aerostructures Australia Pty Limited

[2022] FWC 505

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Association of Professional Engineers, Scientists and Managers, Australia
v

Boeing Aerostructures Australia Pty Limited

(B2022/159)

DEPUTY PRESIDENT CLANCY

MELBOURNE, 8 MARCH 2022

Proposed protected action ballot of employees of Boeing Aerostructures Australia Pty Limited.

This is an application by the Association of Professional Engineers, Scientists and Managers, Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Boeing Aerostructures Australia Pty Limited (the Respondent).

On 8 March 2022, my Associate was advised that the Respondent did not object to the application.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Ms Melissa Cadwell of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

An order has been separately issued in PR739100.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Association of Professional Engineers, Scientists and Managers, Australia lodged an application under section 437 of the Fair Work Act 2009, seeking a protected action ballot order in relation to certain employees of Boeing Aerostructures Australia Pty Limited. The application was brought before the Fair Work Commission, with the Deputy President, Clancy, presiding over the case in Melbourne on 8 March 2022. The primary issue was whether the Association had genuinely attempted to negotiate with Boeing and if the requirements of section 443(1) of the Fair Work Act had been met.

The Fair Work Commission examined the application and the declaration provided by Ms Melissa Cadwell of the Association, which detailed the steps taken during the bargaining process with Boeing. The Commission found that the Association had been genuinely attempting to reach an agreement with Boeing, and a notification time for the proposed agreement had been established. The Commission was satisfied that the requirements outlined in section 443(1) of the Fair Work Act were fulfilled. Consequently, the Deputy President, Clancy, determined the matter based on the material presented and decided not to hold a hearing.

The Fair Work Commission granted the application for a protected action ballot order in relation to the employees of Boeing Aerostructures Australia Pty Limited. An order was separately issued in PR739100. The decision was based on the evidence provided by the Association and the satisfaction of the Commission that the requirements of the Fair Work Act had been met.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established