Australian Federation of Air Pilots v Royal Flying Doctor Service (Western Operations)

[2023] FWC 829

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Federation of Air Pilots
v

Royal Flying Doctor Service (Western Operations)

(B2023/314)

VICE PRESIDENT CATANZARITI

SYDNEY, 5 APRIL 2023

Proposed protected action ballot of employees of Royal Flying Doctor Service (Western Operations)

This is an application by the Australian Federation of Air Pilots (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Royal Flying Doctor Service (Western Operations) (Respondent).

On 4 April 2023, the Fair Work Commission was advised that the Respondent did not oppose the application.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Andrew Molnar of the Applicant declared on 4 April 2023, 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.

An Order has been separately issued in PR760903.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Federation of Air Pilots (Applicant) applied to the Fair Work Commission for a protected action ballot order concerning certain employees of Royal Flying Doctor Service (Western Operations) (Respondent). The application was made under section 437 of the Fair Work Act 2009 (Cth) (Act), seeking to conduct a ballot of employees regarding proposed protected action. The Respondent did not oppose the application, leading the Vice President to determine the matter on the basis of the provided documentation.

The central legal issue was whether the requirements for a protected action ballot were met. This included verifying if the Applicant had genuinely attempted to reach an agreement with the Respondent and confirming that the statutory notification period for the proposed agreement was adhered to. The Vice President had to review the statutory declaration by Andrew Molnar of the Applicant, which detailed the bargaining steps taken and the ongoing genuine efforts to reach an agreement.

Upon reviewing the statutory declaration and other documentation, the Vice President concluded that the notification period for the proposed agreement was valid and that the statutory requirements under section 443(1) of the Act were fulfilled. Consequently, the application for the protected action ballot order was approved, and an order was issued accordingly.

The final orders made by the Fair Work Commission granted the Australian Federation of Air Pilots the authority to conduct the protected action ballot as requested. This decision was made without a hearing, given the absence of opposition from the Royal Flying Doctor Service (Western Operations) and the sufficiency of the evidence presented.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established