Australian Federation of Air Pilots v Cobham SAR Services Pty Ltd T/A Cobham Aviation Services

[2020] FWC 136

[2020] FWC 136

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Australian Federation of Air Pilots
v
Cobham SAR Services Pty Ltd T/A Cobham Aviation Services
(B2020/16)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 10 JANUARY 2020

Proposed protected action ballot of employees of Cobham SAR Services Pty Ltd

[1] This is an application lodged on 9 January 2020 by the Australian Federation of Air Pilots (AFAP or the Applicant) under section 437 of the Fair Work Act 2009 (the FW Act) for a protected action ballot order in relation to certain employees of Cobham SAR Services Pty Ltd T/A Cobham Aviation Services (the Respondent).

[2] The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. No objection has been indicated.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of David Stephens of the AFAP lodged 9 January 2020, setting out the steps taken by it in bargaining with the Respondent and confirming 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 section 443(1) of the FW Act have been met.

[5] I am also satisfied that the Applicant has given notice in accordance with section 440 of the FW Act.

[6] An order in conformity with the FW Act is being issued in conjunction with this decision. 1

DEPUTY PRESIDENT

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