Australian Federation of Air Pilots v Alliance Airlines Pty Limited and Bravo Airlines Pty Limited

[2024] FWC 3263

[2024] FWC 3263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Federation of Air Pilots
v

Alliance Airlines Pty Limited and Bravo Airlines Pty Limited

(B2024/1543)

DEPUTY PRESIDENT CLANCY MELBOURNE, 26 NOVEMBER 2024

Proposed protected action ballot of employees of Alliance Airlines Pty Limited & Bravo Airlines Pty Limited

1. This is an application by the Australian Federation of Air Pilots (AFAP or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Alliance Airlines Pty Limited (Alliance Airlines) and Bravo Airlines Pty Limited (Bravo Airlines) (the Employers).

1. I note that the Transport Workers’ Union (TWU) have made a separate application for a protected action ballot order in relation to the same proposed agreement.[1]

1. On 25 November 2024, the Commission was advised that the Employers, in effect, did not object to the Application.

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

1. On the basis of the material before me, including the declaration of James Mattner, Senior Industrial Officer, setting out the steps taken by the AFAP in bargaining with the Employers and that it has been, and is, genuinely trying to reach agreement with Alliance Airlines and Bravo Airlines, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

1. The ballot is to be conducted by TrueVote Pty Ltd (TrueVote). TrueVote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

1. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 10 December 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR781619.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] B2024/1546.

[2] This is, in effect, 10 working days from the making of the Order.

Printed by authority of the Commonwealth Government Printer

<PR781623>