Australian and International Pilots Association

[2014] FWC 1071

[2014] FWC 1071

FAIR WORK COMMISSION

DECISION

Fair Work (Registered Organisations) Act 2009
S.158 (1) RO Act—Rules of organisations

Australian and International Pilots Association
(D2013/134)

VICE PRESIDENT WATSON SYDNEY, 19 FEBRUARY 2014

Alterations to eligibility rule 4, Eligibility for Membership - Network Aviation Pty Ltd - Consent to rule changes- Fair Work (RO) Act 2009, s 158.

[1] This decision concerns an application by the Australian International Pilots Association (AIPA) for consent under s 158(1) of the Fair Work (Registered Organisations) Act 2009 (the RO Act) to alter its eligibility rules. The particular rule that AIPA seeks to alter is its Eligibility for Membership rule, rule 4. The alteration seeks to expressly include pilots employed by Network Aviation Limited (Network), a wholly owned subsidiary of Qantas Airways Limited (Qantas) within its eligibility rule by creating a new sub rule [rule 4 (vii)].

[2] The application arises from earlier decisions 1 relating to the scope of AIPA’s eligibility rule. The application is expressly intended to create coverage found by the Commission to be outside the scope of the existing rule.

[3] The application was published in the Commonwealth of Australia Gazette, GN C2013G01882, on 13 December 2013. The opportunity to file an objection closed on 17 January 2014. On 16 January 2014 AIPA and The Australian Federation of Air Pilots came to an agreement that resulted in the AFAP not lodging an objection in the light of an undertaking made by the AIPA. The undertaking has been placed on the Commission’s file. No objections were filed in relation to the application.

[4] In order to provide consent to the rule change, the Commission must be satisfied that the change has been made under the rules of the organisation. A declaration made by the Secretary of AIPA, James Wirth has been filed with the application. I am satisfied that the information provided by Mr Wirth establishes that the application has been made in accordance with rule 54 and that a special committee of management meeting held on 10 December 2013 adopted the rule change.

[5] Having regard to the lack of any objectors in the matter and the undertaking provided to the AFAP which is contained on the Commission’s file, I find that there is not another organisation to which the persons who will become eligible for membership by virtue of the rule change could more conveniently belong and would more effectively represent those persons.

[6] In my view there are no other grounds to withhold consent to the rule changes. I consent to the rule change with effect from 1 March 2014.

VICE PRESIDENT WATSON

Final written submissions:

Mr J Nolan on behalf of the Australian International Pilots Association.

 1   Australian and International Pilots Association v Network Aviation Pty Ltd[2013] FWC 2359; and Australian and International Pilots Association v Network Aviation Pty Ltd[2013] FWCFB 5216.

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