Australian Workers' Union v Qantas Airways Limited

[2024] FWC 2302

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Workers’ Union
v

Qantas Airways Limited

(B2024/1095)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 28 AUGUST 2024

Proposed protected action ballot of employees of Qantas Airways Limited

This is an application by the Australian Workers’ Union (AWU 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 Qantas Airways Limited (Qantas or Employer).

I note that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)[1] have each made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

On 28 August 2024, the Commission was advised that the Employer, in effect, did not object to the Application as amended following discussions between the parties.

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 Mark Fagan, Chief Operating Officer, setting out the steps taken by the AWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Qantas, 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 Vero Engagement and Voting Solutions Pty Ltd (Vero). Vero 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 11 September 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR778716.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matters. That Member will issue an Order requiring the attendance of all bargaining representatives 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] Respectively, B2024/1094 and B2024/1097.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was presented with an application by the Australian Workers' Union (AWU) under section 437 of the Fair Work Act 2009 for an order permitting a protected action ballot for certain employees of Qantas Airways Limited. The AWU sought the ballot in relation to a proposed enterprise agreement, with two other unions, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Australian Manufacturing Workers' Union (AMWU), also having made separate applications concerning the same proposed agreement. The application was made without objection from the employer, Qantas Airways Limited.

The Commission considered whether the application met the statutory requirements under section 443(1) of the Act, particularly whether the notification period was correctly identified and if all necessary steps had been taken by the AWU in attempting to reach an agreement with Qantas. Evidence provided by Mark Fagan, the Chief Operating Officer of Qantas, supported the AWU's claim that they had genuinely attempted to negotiate with the employer. The Commission was also satisfied that Vero Engagement and Voting Solutions Pty Ltd, the approved ballot agent, was authorized to conduct the ballot. The date for closing the voting was set at 11 September 2024, which was also aligned with the statutory requirements.

Based on the evidence and submissions, the Deputy President Hampton determined that the AWU's application met all the necessary requirements. Consequently, an order was issued to permit the ballot to proceed, with Vero Engagement and Voting Solutions Pty Ltd authorized to conduct it. A separate order was also issued to establish the date for closing the ballot. The matter was further directed to another member of the Commission to conduct a compulsory conciliation conference with all relevant bargaining representatives, aiming to facilitate meaningful negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established