Australian Federation of Air Pilots v Regional Express Holdings Limited

[2022] FWC 1443

[2022] FWC 1443

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Federation of Air Pilots

v

Regional Express Holdings Limited

(B2022/537)

DEPUTY PRESIDENT CLANCY MELBOURNE, 8 JUNE 2022

Proposed protected action ballot of employees of Regional Express Holdings 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 Regional Express Holdings Limited (the Respondent).

1. On 7 June 2022, my Associate was advised that the Respondent objected to the application. However, later that day the parties were able to reach a consent position.

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 James Mattner 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.

1. An order has been separately issued in PR742432.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR742431>