| [2024] FWC 3230 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.437 - Application for a protected action ballot order
"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU)
v
Qantas Airways Limited
(B2024/1508)
| DEPUTY PRESIDENT CLANCY | MELBOURNE, 22 NOVEMBER 2024 |
Proposed protected action ballot of employees of Qantas Airways Limited
This is an application by the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU 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 Australian Workers’ Union (AWU) and the Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia (CEPU) have each made separate applications for a protected action ballot order in relation to the same proposed enterprise agreement.[1]
On 22 November 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 Courtney Thompson, National Organiser, setting out the steps taken by the AMWU 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 Fair Vote Services Pty Ltd (Fair Vote). Fair Vote 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 6 December 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 PR781534.
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] B2024/1506 and B2024/1507, respectively.
[2] This is, in effect, 10 working days from the making of the Order and was the period sought in the application.
Printed by authority of the Commonwealth Government Printer
<PR781535>
- AGLC
- "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Qantas Airways Limited [2024] FWC 3230
- Case
- [2024] FWC 3230
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the AMWU had satisfied the prerequisites for a protected action ballot order under section 443 of the Fair Work Act. This included confirming that a notification period for the proposed agreement existed and that the AMWU had genuinely attempted to reach an agreement with Qantas. The Commission considered the declaration of Courtney Thompson, National Organiser of the AMWU, which detailed the bargaining steps taken and the union's ongoing efforts to reach an agreement. The Commission also had to determine an appropriate closing date for the ballot, considering the union's request for a 10-working-day period.
The Fair Work Commission determined that the AMWU had met the requirements under section 443(1) of the Fair Work Act. The Deputy President was satisfied with the steps taken by the AMWU in negotiating with Qantas and their genuine attempts to reach an agreement. Consequently, the Commission granted the application for a protected action ballot order. Fair Vote Services Pty Ltd, an approved ballot agent, was authorised to conduct the ballot, with the voting period closing on 6 December 2024. This date also established the ballot period for the purposes of section 448A(2) of the Act. A separate order was issued in PR781534, and the matter was assigned to another Member of the Commission for a compulsory conciliation conference.
The Commission's decision facilitated the process for the employees of Qantas to vote on the proposed enterprise agreement, allowing the AMWU to proceed with the ballot under the protection of the Fair Work Act. This decision ensured that the employees could express their support or opposition to the proposed agreement, thereby upholding the legal rights and processes established under the Fair Work Act.
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