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

[2023] FWC 1323

[2023] FWC 1323

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

Eastern Australia Airlines Pty Limited

(B2023/515)

VICE PRESIDENT CATANZARITI SYDNEY, 5 JUNE 2023

Proposed protected action ballot of employees of Eastern Australia Airlines Pty Limited

1. This is an application by the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Eastern Australia Airlines Pty Limited (Respondent).

1. On 5 June 2023, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of Tim Ferguson of the Applicant declared on 31 May 2023, setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

1. An Order has been separately issued in PR762800.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR762801>