Australian Federation of Air Pilots v Alliance Airlines Pty Limited Summary

[2024] FWC 3397

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

(B2024/1592)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 6 DECEMBER 2024

Proposed protected action ballot of employees of Alliance Airlines Pty Limited

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 or Employer).

I note that the Transport Workers’ Union of Australia have made a separate application for a protected action ballot order in relation to the same proposed agreement.[1] The group of employees to be covered are those presently covered by the Alliance Airlines Pilots’ (Perth) Enterprise Agreement 2020.

On 5 December 2024, the Commission was advised that the Employer, in effect, did not object to the Application, as amended.

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 James Mattner, Senior Industrial Officer, setting out the steps taken by the AFAP in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Alliance 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.

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.

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 20 December 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR782098.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the related matter. To the extent that this matter involves any additional bargaining representatives, that Member will issue an Order requiring their attendance 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] B2024/1597.

[2] This is, in effect, 10 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Federation of Air Pilots (AFAP) applied to the Fair Work Commission (FWC) under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning employees of Alliance Airlines Pty Limited (Alliance Airlines). These employees are covered by the Alliance Airlines Pilots’ (Perth) Enterprise Agreement 2020. The proposed ballot aims to assess the employees' views on a new enterprise agreement. The Transport Workers’ Union of Australia also filed a separate application for a protected action ballot order regarding the same proposed agreement. Alliance Airlines did not object to the application, leading the Commission to determine the matter based on the submitted documents.

The primary legal issue before the FWC was whether the requirements for a protected action ballot order under the Fair Work Act were met. This involved confirming the notification period for the proposed agreement and verifying that the AFAP had genuinely attempted to reach an agreement with Alliance Airlines. The FWC examined the declaration of James Mattner, Senior Industrial Officer, which detailed the bargaining efforts of the AFAP and the ongoing negotiations with the employer. Additionally, the Commission verified that TrueVote Pty Ltd, the approved ballot agent, would conduct the ballot in compliance with section 468A of the Act.

The FWC concluded that all requirements for a protected action ballot order were satisfied. The Commission established the closing date for voting as 20 December 2024, which aligns with the 10 working days from the order date as sought by the AFAP. Consequently, the FWC issued an order granting the protected action ballot order. This matter will be assigned to another member of the Commission to conduct the compulsory conciliation conference as mandated by section 448A of the Act. The FWC also noted that any additional bargaining representatives would be required to attend the conference, with directions likely to be issued to ensure meaningful negotiations.

The FWC issued an order granting the protected action ballot order, setting the closing date for voting on 20 December 2024. This decision ensures that the employees of Alliance Airlines will have the opportunity to vote on the proposed enterprise agreement. The matter will proceed to a compulsory conciliation conference, where the FWC aims to facilitate meaningful negotiations between the parties involved.

Australian Federation of Air Pilots v Alliance Airlines Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established