Australian Federation of Air Pilots v Royal Flying Doctor Service - South Eastern Section

[2014] FWC 3214

[2014] FWC 3214

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Australian Federation of Air Pilots
v
Royal Flying Doctor Service - South Eastern Section
(B2014/762)

COMMISSIONER JOHNS MELBOURNE, 15 MAY 2014

Proposed protected action ballot by employees of Royal Flying Doctor Service - South Eastern Section.

[1] On 12 May 2014 the Australian Federation of Air Pilots (AFAP) made an application for a protected action ballot order in relation to a group of employees of the Royal Flying Doctor Service - South Eastern Section (Employer).

[2] The application is made pursuant to s.437 of the Fair Work Act 2009 (Act).

[3] The AFAP indicated that it wanted to ballot:

“3.1 Subject to clause 3.2, the group of employees to be balloted are those employees employed as pilots by the Employer who are members or non-members of the AFAP and for whom the AFAP is their bargaining representative and who would be covered by the proposed enterprise agreement.

3.2 Any employee who is bound by an individual agreement-based transitional instrument that has not passed its nominal expiry date on the day of this ballot order is made shall not be balloted, unless such an employee has made a conditional termination of that instrument.”

[4] On 14 May 2014, the Employer wrote to the Fair Work Commission (Commission) to advise:

“The RFDS does not oppose the application, subject to the following issue being rectified in the draft Order.

We have not been notified by any non-members of the AFAP appointing the AFAP as their bargaining representative.  Accordingly, to avoid any confusion, we suggest that in clause 3.1 of the draft order the words “or non-members” and the words “and for whom the AFAP is their bargaining representative” be deleted.”

[5] On 15 May 2014 the Commission wrote to the parties proposing to amend clause 3.1 as follows:

3.1      Subject to clause 3.2, the group of employees to be balloted are those employees employed as pilots by the employer who are represented by members or non members of the AFAP and for whom the AFAP is their bargaining representative and who would will be covered by the proposed enterprise agreement.

[6] The same day both the AFAP and employer agreed to the proposed amendments.

[7] The Commission is satisfied that the requirements of subsection 443(1) of the Act have been met. Accordingly, an Order must be made.

[8] The Order [PR550607] will be issued concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR550606>