Australian Federation of Air Pilots v Tigerair Australia Pty Ltd

[2013] FWC 8997

[2013] FWC 8997

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Australian Federation of Air Pilots
v
Tigerair Australia Pty Ltd
(B2013/1418)

COMMISSIONER JOHNS MELBOURNE, 15 NOVEMBER 2013

Proposed protected action ballot by employees of Tigerair Australia Pty Ltd.

[1] On 13 November 2013 the Australian Federation of Air Pilots (AFAP) made an application for a protected action ballot order in relation to a group of employees of Tigerair Australia Pty Ltd (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 “employees employed as pilots by the Employer who are members of the AFAP and for whom the AFAP is their bargaining representative ad who would be covered by the proposed enterprise agreement”.

[4] That description of the group of employees to be balloted goes beyond what is necessary under s.437(5) of the Act. The Order will reflect the statutory prescription.

[5] On 14 November 2013, the Employer’s representative confirmed in writing, that it did not have any objections to the Order being issued.

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

[7] The Order [PR544592] will be issued concurrently with this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR544593>