Australian Licenced Aircraft Engineers Association, The v Alliance Airlines Pty Ltd

[2024] FWC 2173

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Licenced Aircraft Engineers Association, The
v

Alliance Airlines Pty Ltd

(B2024/1035)

DEPUTY PRESIDENT LAKE

BRISBANE, 15 AUGUST 2024

Proposed protected action ballot of employees of Alliance Airlines Pty Ltd

This is an application by the Australian Licensed Aircraft Engineers Association (ALAEA) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Alliance Airlines Pty Ltd (Employer).

On 15 August 2024, the Commission was advised that the Employer, in effect, did not object to the Application. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the material before me, I am satisfied that the ALAEA have taken steps during bargaining to genuinely try to reach agreement as set out by a declaration from Brad Stewart, National Organiser. I am satisfied that there is a notification time in relation to the proposed agreement and that all the requirements in s.443(1) of the Act have been met.

The ballot is to be conducted by Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

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 28 August 2024.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR778361.

I will conduct the s.448A compulsory conciliation conference and issue the Order requiring attendance for conference.

DEPUTY PRESIDENT

[1] This is, in effect, 10 working days from the making of the Order and was the date sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Licensed Aircraft Engineers Association (ALAEA) applied to the Fair Work Commission for a protected action ballot order concerning certain employees of Alliance Airlines Pty Ltd (Employer). This application was made under section 437 of the Fair Work Act 2009. The ALAEA sought the ballot due to difficulties in reaching an agreement with the Employer during the bargaining process. The Employer did not object to the application, leading the Commission to decide the matter on the papers without a hearing.

The legal issues before the Commission were whether the ALAEA had genuinely tried to reach an agreement with the Employer and whether all the requirements under section 443 of the Act were met. The ALAEA provided a declaration from Brad Stewart, National Organiser, confirming their genuine efforts in bargaining. The Commission was satisfied that all the requirements for the ballot had been met, including the notification time and the approval of Democratic Outcomes Pty Ltd as a ballot agent. The Commission also set the closing date for voting at 28 August 2024, which was 10 working days from the making of the Order.

Based on the material presented, the Deputy President concluded that the ALAEA had taken sufficient steps to genuinely try to reach an agreement. The Commission determined that the requirements for a protected action ballot were met, and an Order was issued. The ballot period was established to close on 28 August 2024. The Commission also decided to conduct a compulsory conciliation conference under section 448A and issued an Order for the parties to attend. This decision was made to facilitate further discussions and potentially resolve the dispute.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established