Australian Federation of Air Pilots v HNZ Australia Pty Ltd

[2014] FWC 1216

[2014] FWC 1216

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Federation of Air Pilots
v
HNZ Australia Pty Ltd
(B2014/532)

COMMISSIONER JOHNS MELBOURNE, 18 FEBRUARY 2014

Proposed protected action ballot by employees of HNZ Australia Pty Ltd.

[1] On 14 February 2014 the Australian Federation of Air Pilots (AFAP) made an application for a protected action ballot order in relation to a group of employees of HNZ Australia Pty Ltd (Employer).

[2] The application is made pursuant to s.437 of the Fair Work Act 2009 (Act).

[3] The AFAP indicated that it wanted to ballot:

“3.1 Subject to clause 3.2, the group of employees to be balloted are those employees employed as pilots by the Employer (including regular casuals) who are members of the AFAP and for whom the AFAP is their bargaining representative and who would be covered by the proposed enterprise agreement.

3.2 Any employee who is bound by an individual agreement-based transitional instrument that has not passed its nominal expiry date on the day of this ballot order is made shall not be balloted, unless such an employee has made a conditional termination of that instrument.”

[4] That description of the group of employees to be balloted goes beyond what is necessary under s.437(5) of the Act. The Order will reflect the statutory prescription.

[5] On 18 February 2014, the Employer confirmed in writing that it did not have any objection to the Order being issued.

[6] Subsequently the AFAP sought leave to amend its application and draft order to extend the proposed ballot period to 42 calendar days. It sought the amendment due to the variable nature and lengths of the employees tours of duty, making them away from their home bases for extended periods. The Commission spoke with the Employer who indicated it did not have an objection to the amendment sought. Accordingly the amendment will be made.

[7] The Commission is satisfied that the requirements of subsection 443(1) of the Act have been met. Accordingly, an Order must be made.

[8] The Order [PR547912] will be issued concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR547911>