Australian Licenced Aircraft Engineers Association, The v Eastern Australia Airlines Pty Ltd T/A Qantaslink

[2023] FWC 2201

[2023] FWC 2201

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Licenced Aircraft Engineers Association, The
v

Eastern Australia Airlines Pty Ltd T/A Qantaslink

(B2023/908)

DEPUTY PRESIDENT WRIGHT SYDNEY, 1 SEPTEMBER 2023

Proposed protected action ballot of employees of Eastern Australia Airlines Pty Ltd Trading As Qantaslink

1. This is an application by the Australian Licenced 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 Eastern Australia Airlines Pty Ltd T/A Qantaslink (Qantaslink or Respondent). 

1. On 1 September 2023 the Commission was advised that the Respondent did not object to the Application.

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

1. 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 Respondent and that it has been, and is, genuinely trying to reach agreement with Qantaslink, 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.  

1. The ballot is to be conducted by Democratic Outcomes Pty Ltd trading as CiVS. For the purposes of s.443(3)(c) and s.448A(2) of the Act, a ballot period of 10 working days from the date of the Order (31 August 2023) has been established by this Commission.[1]  

1. An order has been separately issued in PR765746.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A conference. The Member will issue the Order requiring attendance 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] This is the minimum period required by the Australian Electoral Commission.

Printed by authority of the Commonwealth Government Printer

<PR765745>