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

[2024] FWC 2175

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

(B2024/1032)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 16 AUGUST 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Australian Workers’ Union (AWU)[1] have each made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

On 15 August 2024, the Commission was advised that the Employer, in effect, did not object to the Application as amended following discussions between the parties. Those discussions involved the parties reaching a consent position to amend the questions in the Order and certain other procedural changes.[2]

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 Gary Robert Strauss, 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 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 30 August 2024.[3] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

The structure of the draft order has been amended to reflect the Fair Work Commission’s standard template.

An Order has been separately issued in PR778365.

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, B2024/1033 and B2024/1034.

[2] Three working days for the parties to provide their respective employee lists in clause 6 and 7 of the Order.

[3] 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

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) applied to the Fair Work Commission under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of Qantas Airways Limited. The proposed action involves a ballot to authorise industrial action in relation to an enterprise agreement. The AMWU’s application followed similar applications by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Australian Workers’ Union. The Commission received the application on 15 August 2024 and noted that Qantas had effectively withdrawn its opposition to the AMWU’s application following discussions with the AMWU.

The legal issues before the Commission included whether the AMWU had met the statutory requirements for the ballot, including the notification period and the steps taken in good faith to reach an agreement with Qantas. The Commission was required to determine whether the AMWU had genuinely been trying to reach agreement with the employer and whether the ballot questions met the criteria set out in the Act. The Commission was also required to set the closing date for the ballot and to confirm the appointment of the ballot agent, Democratic Outcomes Pty Ltd, as an eligible agent under the Act.

Deputy President Hampton decided to determine the matter on the papers, noting that Qantas did not object to the AMWU’s application following discussions between the parties. The Commission was satisfied that the AMWU had met all the requirements of section 443(1) of the Act, including the notification period, and that the AMWU had genuinely been trying to reach an agreement with Qantas. The Deputy President noted that Democratic Outcomes Pty Ltd was an approved agent and authorised to conduct the ballot. The closing date for the ballot was set at 30 August 2024, and the ballot period was established accordingly. The structure of the draft order was amended to align with the Fair Work Commission’s standard template.

An order was issued, and the matter was assigned to another Member of the Commission to conduct the compulsory conciliation conference under section 448A of the Act, along with the related matters. Directions were likely to be issued to ensure the parties attend the conference ready to conduct meaningful negotiations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established