Australian Federation of Air Pilots v Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia)

[2024] FWC 3450

[2024] FWC 3450

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 437—Protected action

Australian Federation of Air Pilots
v

Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia)

(B2024/1607)

COMMISSIONER LIM PERTH, 10 DECEMBER 2024

Proposed protected action ballot of employees of Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia).

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

1. AFAP made its application on Friday 6 December 2024. On Monday 9 December 2024, CHC informed the Commission that they objected to the application. The matter was subsequently allocated to my Chambers and listed for hearing on Tuesday 10 December 2024. At the hearing, CHC informed me that they did not have any objections to the application that were grounded in the Act.

1. On the basis of the material before me, including the declaration of Mr David Stephens, Senior 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 Lloyd Helicopters, 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 TrueVote Pty Ltd (TrueVote). TrueVote has been approved as an eligible protected action ballot agent under s 468A of the Act 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 Friday 20 December 2024. This also establishes the ballot period for the purpose of s 448A(2) of the Act.

1. An Order has been separately issued in PR782287.

1. As required under s 448A of the Act, I will conduct a compulsory conciliation conference with the parties. An Order to this effect will be issued to the parties.

COMMISSIONER

Appearances:

D Stephens, Senior Industrial Officer for the Applicant.
H Redmond, ER/IR Manager for the Respondent.

Hearing details:

2024.
Perth, by Video using Microsoft Teams:
10 December.

Final written submissions:

Applicant, 10 December 2024.
Respondent, 10 December 2024.

Printed by authority of the Commonwealth Government Printer

<PR782286>