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

[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).

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).

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.

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.

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.

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.

An Order has been separately issued in PR782287.

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

CaseChat Overview and Summary

The Australian Federation of Air Pilots (AFAP) applied to the Fair Work Commission for a protected action ballot order concerning employees of Lloyd Helicopters Pty Ltd T/A CHC Helicopters (Australia). Lloyd Helicopters initially objected to the application but later withdrew its objections. The matter was heard on 10 December 2024, where the Commissioner determined that the AFAP had met all the requirements under the Fair Work Act 2009 to conduct the ballot. The ballot is to be overseen by TrueVote Pty Ltd, an approved agent under the Act. The voting period was set to close on 20 December 2024. Additionally, the Commissioner mandated a compulsory conciliation conference to be held with the parties involved.

The primary legal issue before the Commissioner was whether the AFAP had satisfied the statutory requirements to hold a protected action ballot. This included confirming that the AFAP had genuinely attempted to reach an agreement with Lloyd Helicopters and that the notification period specified in the Act had been met. The Commissioner reviewed the declaration of Mr David Stephens, Senior Industrial Officer for the AFAP, which detailed the bargaining process and efforts to reach an agreement. The Commissioner found that all conditions were met, thus permitting the ballot to proceed.

The Commissioner based the decision on the provided evidence and the declaration from Mr Stephens, which demonstrated the AFAP's genuine efforts in bargaining with Lloyd Helicopters. The Commissioner was satisfied that the notification period was appropriate and that all statutory requirements had been fulfilled. Consequently, the Commissioner authorised the protected action ballot to proceed, set the closing date for voting, and mandated a compulsory conciliation conference to be held between the parties. This decision ensures that the legal process for protected action is followed correctly, balancing the rights of both the union and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established