Australian Licenced Aircraft Engineers Association, The v Civil Aviation Safety Authority Summary

[2023] FWC 2200

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Licenced Aircraft Engineers Association, The
v

Civil Aviation Safety Authority

(B2023/907)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 1 SEPTEMBER 2023

Proposed protected action ballot of employees of Civil Aviation Safety Authority

This is an application by the Australian Licensed Aircraft Engineers Association (ALAEA or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of the Civil Aviation Safety Authority (CASA or Employer).

On 31 August 2023, the Commission contacted CASA via telephone and it subsequently confirmed it 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 basis of the material before me, including the declaration of Mr Sean Morgan, ALAEA Solicitor, setting out the steps taken by the ALAEA in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with CASA, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

The ballot is to be conducted by the Democratic Outcomes Pty Ltd T/A CiVS (CiVS). CiVS has been approved as an eligible protected action ballot agent under s 468A of the Act[1] 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 15 September 2023.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR765741.

This matter will be assigned to Deputy President Colman to conduct the s.448A compulsory conciliation conference in conjunction with related matter B2023/884. On 29 August 2023, the Deputy President issued an Order in relation to a conference listed at 11:00am (AEST) on 4 September 2023. The Order required the attendance of all bargaining representatives involved in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] Democratic Outcomes Pty Ltd T/A CiVS [2023] FWC 1400

[2] This is, in effect, ten (10) working days from the date of effect of the Order as sought in ALAEA’s application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Licensed Aircraft Engineers Association (ALAEA) sought a protected action ballot order from the Fair Work Commission under the Fair Work Act 2009. The intended ballot was for certain employees of the Civil Aviation Safety Authority (CASA). The Commission considered the application without a hearing, as CASA did not object to the application. The Commission assessed the application based on the declaration by ALAEA’s solicitor, Mr Sean Morgan, confirming the union's efforts in bargaining with CASA and its genuine attempts to reach an agreement. The Commission found that all requirements under s.443(1) of the Act were met, and approved the ballot to be conducted by Democratic Outcomes Pty Ltd T/A CiVS, authorised under s 468A of the Act.

The legal issues before the Commission were whether the ALAEA had fulfilled the statutory requirements for a protected action ballot and if the proposed ballot agent was eligible. The Commission found that the ALAEA had complied with the Act’s notification requirements and was genuinely attempting to reach an agreement with CASA. The Commission also confirmed that CiVS, the proposed ballot agent, was approved under s 468A and therefore authorised to conduct the ballot. The Commission set the closing date for the ballot as 15 September 2023, which also established the ballot period for the purposes of s.448A(2) of the Act.

The Commission issued an Order approving the ballot and setting the closing date for voting. Additionally, it assigned the matter to Deputy President Colman to conduct a compulsory conciliation conference in conjunction with a related matter. An Order was also issued for the conciliation conference, requiring the attendance of all bargaining representatives and likely issuing directions to ensure meaningful negotiations. The decision ensures that the proposed industrial action proceeds within the legal framework and provides a structured pathway for resolving the dispute.

Australian Licenced Aircraft Engineers Association, The v Civil Aviation Safety Authority

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established