Australian Federation of Air Pilots v Offshore Services Australasia Pty Ltd

[2023] FWC 2688

[2023] FWC 2688

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Federation of Air Pilots

v

Offshore Services Australasia Pty Ltd

(B2023/1094)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 17 OCTOBER 2023

Proposed protected action ballot of employees of Offshore Services Australasia Pty Ltd Trading As Offshore Services Australasia Pty Ltd.

1. This is an application by the Australian Federation of Air Pilots (AFAP or Union) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Offshore Services Australasia Pty Ltd (Offshore Services Australasia or Employer). 

1. On 16 October 2023, the Commission was advised by the Employer that it 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 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 Offshore Services Australasia, 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 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 31 October 2023.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR767255.

1. I have amended clauses 7(i) and 8(i)[2] of the proposed order so that the list of eligible employees is to be provided directly to the Agent, as is the normal and appropriate practice. The sequence of the clauses was also amended.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference in conjunction with any related matters associated with the proposed agreement. 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] This is, in effect, fourteen (14) calendar days from the date of effect of the Order as sought in the application.

[2] Clause 6.1 and 7.1 of the final Order.

Printed by authority of the Commonwealth Government Printer

<PR767253>