Australian Federation of Air Pilots v Babcock Mission Critical Services Australasia Pty Ltd

[2022] FWC 1465

[2022] FWC 1465

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Federation of Air Pilots
v

Babcock Mission Critical Services Australasia Pty Ltd

(B2022/539)

DEPUTY PRESIDENT CLANCY MELBOURNE, 9 JUNE 2022

Proposed protected action ballot of employees of Babcock Mission Critical Services Australasia Pty Ltd.

1. This is an application by the Australian Federation of Air Pilots (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Babcock Mission Critical Services Australasia Pty Ltd (the Respondent).

1. On 9 June 2022, my Associate was advised by the Respondent that it would be willing to consent to the Application being granted if the Applicant would be willing to consent to an amendment to the notice period required for the taking of industrial action from 3 working days to 7 working days (subject to the Commission being satisfied it is appropriate to extend the notice period). I determined a Mention should be conducted a Mention, during which I discussed this matter with the parties and others subsequently raised.

1. With the Mention having resolved the various matters raised by the parties, I have proceeded to determine the matter on the papers, it not being necessary to conduct a hearing.

1. On the basis of the material before me, including the declaration of Mr David Stephens 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.

1. The Applicant sought that a person other than the Australian Electoral Commission be the ballot agent for the protected action ballot. This course was not opposed by the Respondent. The person proposed in the application as the protected action ballot agent is TrueVote Pty Ltd (TrueVote). I am satisfied that TrueVote is a fit and proper person to conduct the ballot. I am also satisfied that TrueVote is capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. TrueVote has agreed to be the protected action ballot agent and is bound to comply with the Privacy Act 1998 with respect to the handling of the information relating to the protected action ballot.

1. Therefore I appoint TrueVote as the protected action ballot agent.

1. An order has been separately issued in PR742524.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR742523>