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

[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

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).

On 1 September 2023 the Commission was advised that the Respondent 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 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.

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]

An order has been separately issued in PR765746.

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

CaseChat Overview and Summary

The Australian Licenced Aircraft Engineers Association (ALAEA) made an application to the Fair Work Commission under section 437 of the Fair Work Act 2009, seeking a protected action ballot order for certain employees of Eastern Australia Airlines Pty Ltd, trading as Qantaslink. The ALAEA sought to conduct a ballot for protected action related to unresolved disputes in their negotiations with Qantaslink. The Respondent, Qantaslink, did not object to the application. Consequently, the Deputy President, Wright, decided to determine the matter on the basis of the written submissions and evidence provided, without holding a formal hearing.

The primary legal issue before the Deputy President was whether the ALAEA had satisfied the requirements of the Fair Work Act to conduct a protected action ballot. This involved verifying if the ALAEA had genuinely attempted to reach an agreement with Qantaslink and whether all procedural requirements, including those outlined in sections 443(1) and 448A(2) of the Act, were met. The ALAEA had to demonstrate that there was a notification period for the proposed agreement and that all necessary steps had been taken to facilitate this.

The Deputy President found that the ALAEA had satisfied the statutory requirements for conducting a ballot, based on the declaration provided by Mr. Sean Morgan, the ALAEA's solicitor. This declaration detailed the steps taken by the ALAEA in bargaining with Qantaslink and confirmed the union's genuine efforts to reach an agreement. Additionally, the Deputy President was satisfied that all procedural prerequisites had been met, including the establishment of a ballot period of 10 working days. Consequently, the application was approved, and an order was issued, setting the timeline for the ballot to be conducted by Democratic Outcomes Pty Ltd, trading as CiVS.

The Deputy President also assigned the matter to another member of the Commission to oversee the section 448A conference, aiming to facilitate meaningful negotiations between the ALAEA and Qantaslink. Directions were anticipated to ensure both parties' attendance and readiness to negotiate effectively. This decision underscores the Commission's role in ensuring fair and lawful processes in industrial disputes.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established