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

Case •

[2024] FWC 2173

•

15 AUGUST 2024
[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

  1. 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).

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. An Order has been separately issued in PR778361.

  1. 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

<PR778360>

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