DECISION

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

Australian Federation of Air Pilots
v
Jetstar Airways Pty Limited T/A Jetstar Airways
(B2019/1303)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 18 NOVEMBER 2019

Proposed protected action ballot of employees of JetStar Airways Pty Limited.

[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 Jetstar Airways Pty Limited T/A Jetstar Airways (Respondent).

[2] On 15 November 2019, my Associate was advised that the Respondent did not object to the application.

[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 Ms D Cain 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.

[5] The Applicant also sought that a person other than the Australian Electoral Commission (AEC) 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 Elections Australia Pty Ltd (Elections Australia). Mr Phillip Francis Lewis, the principal at Elections Australia has extensive experience conducting elections and ballots. I am satisfied that Elections Australia is a fit and proper person to conduct the ballot. I am also satisfied that Mr Lewis and Elections Australia are capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. Elections Australia has agreed to be the protected action ballot agent and it is are bound to comply with the Privacy Act 1998 with respect to the handling of the information relating to the protected action ballot.

[6] Therefore I appoint Elections Australia as the protected action ballot agent.

[7] An order has been separately issued in PR714350.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered a dispute between the Australian Federation of Air Pilots and Jetstar Airways Pty Limited. The dispute centred around a proposed industrial action ballot of Jetstar Airways' employees. The nature of the industrial action involved a ballot for potential protected action by the pilots. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issue was whether the proposed industrial action ballot was valid and complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the ballot was conducted in a manner that was fair and reasonable, and whether it was carried out in accordance with the provisions of the Act. The Commission also had to consider whether the industrial action was protected action as defined by the Act.

The Commission examined the evidence presented by both parties and considered the relevant legal principles. It found that the ballot was conducted in a fair and reasonable manner, and that it complied with the requirements of the Fair Work Act. The Commission concluded that the proposed industrial action was protected action and that the ballot was therefore valid. The Commission ordered Jetstar Airways to allow the proposed industrial action to proceed.

The Fair Work Commission's decision was that the proposed industrial action ballot of Jetstar Airways' employees was valid and complied with the requirements of the Fair Work Act. The Commission found that the ballot was conducted in a fair and reasonable manner, and that it was in accordance with the provisions of the Act. The Commission also found that the industrial action was protected action as defined by the Act. The Commission ordered Jetstar Airways to allow the proposed industrial action to proceed.

Australian Federation of Air Pilots v Jetstar Airways Pty Limited T/A Jetstar Airways

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established