Australian Federation of Air Pilots v Civil Aviation Safety Authority

[2023] FWC 2174

[2023] FWC 2174

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Federation of Air Pilots
v

Civil Aviation Safety Authority

(B2023/897)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 31 AUGUST 2023

Proposed protected action ballot of employees of Civil Aviation Safety Authority

1. This is an application by the Australian Federation of Air Pilots (AFAP or Union) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of the Civil Aviation Safety Authority (CASA or Employer). 

1. On 30 August 2023, the Commission contacted CASA via telephone and it subsequently confirmed it 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 Mr Jason Newell, AFAP 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 CASA, 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 the Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has been approved as an eligible protected action ballot agent under s 468A of the Act[1] 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 19 September 2023.[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 PR765682.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference in conjunction with related matter B2023/884. That Member will issue an Order requiring the attendance of all bargaining representatives involved 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] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400

[2] This is, in effect, thirteen (13) working days from the date of effect of the Order as appeared to be intended by the draft order and has been determined following additional consultation with the parties.

Printed by authority of the Commonwealth Government Printer

<PR765681>