Australian Federation of Air Pilots v Eastern Australia Airlines Pty Limited T/A QantasLink

[2023] FWC 2216

[2023] FWC 2216

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Federation of Air Pilots
v

Eastern Australia Airlines Pty Limited T/A QantasLink

(B2023/911)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 4 SEPTEMBER 2023

Proposed protected action ballot of employees of Eastern Australia Airlines Pty Limited

1. This is an application by the Australian Federation of Air Pilots (AFAP) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Eastern Australia Airlines Pty Limited T/A QantasLink (QantasLink or Employer).

1. On 4 September 2023, the Commission was advised that QantasLink, 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 Mr Chris Aitken, 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 QantasLink, 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 TrueVote Pty Ltd (TrueVote). TrueVote 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 18 September 2023.[2] This also established the ballot period for the purpose of s.448A(2) of the Act.

1. An order has been separately issued in PR765784.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. 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] TrueVote Pty Ltd [2023] FWC 1446.

[2]  This is, in effect, ten (10) working days from the date effect of the Order as sought.

Printed by authority of the Commonwealth Government Printer

<PR765783>