“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Alliance Airlines Pty Ltd

[2024] FWC 2172

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
v

Alliance Airlines Pty Ltd

(B2024/1029)

DEPUTY PRESIDENT LAKE

BRISBANE, 15 AUGUST 2024

Proposed protected action ballot of employees of Alliance Airlines Pty Ltd

This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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).

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.

On the material before me, I am satisfied that the AMWU have taken steps during bargaining to genuinely try to reach agreement as set out by a declaration from Gary Robert Strauss, 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.

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.

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.

An Order has been separately issued in PR778356.

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

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) applied to the Fair Work Commission (FWC) for an order allowing a protected action ballot for employees of Alliance Airlines Pty Ltd (Alliance). The application was made under section 437 of the Fair Work Act 2009 (FW Act). The AMWU sought to conduct a ballot for protected action, which included the possibility of strike action, due to an impasse in negotiations with Alliance. Alliance did not object to the application, leading the FWC to determine the matter without a hearing.

The primary legal issues for the FWC to address were whether the AMWU had genuinely attempted to reach an agreement with Alliance, as required by section 443(1) of the FW Act, and if all procedural requirements for a protected action ballot were met. The FWC had to verify the notification period for the proposed agreement and ensure that the AMWU's actions complied with the FW Act. The FWC also needed to confirm the suitability of the ballot agent, Democratic Outcomes Pty Ltd, and set the closing date for the ballot.

The FWC concluded that the AMWU had genuinely attempted to reach an agreement, as evidenced by the declaration from Gary Robert Strauss, the Organiser. The FWC was satisfied that all the requirements of section 443(1) of the FW Act were fulfilled. The Commission also approved the closing date for the ballot, set at 28 August 2024, which provided a 10 working day notification period as per the application. The ballot agent, Democratic Outcomes Pty Ltd, was deemed qualified to conduct the ballot, being approved under section 468A of the FW Act. Therefore, the FWC granted the AMWU’s application for a protected action ballot.

In conclusion, the FWC issued an order permitting the AMWU to conduct the protected action ballot for employees of Alliance Airlines Pty Ltd. The ballot is to be conducted by Democratic Outcomes Pty Ltd, with voting to close on 28 August 2024. The FWC will also conduct a compulsory conciliation conference under section 448A of the FW Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established