Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Qantas Airways Limited

[2024] FWC 2170

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
v

Qantas Airways Limited

(B2024/1033)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 16 AUGUST 2024

Proposed protected action ballot of employees of Qantas Airways Limited

This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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 Scott Reichman, Organiser, setting out the steps taken by the CEPU 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.

An Order has been separately issued in PR778347.

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, B2024/1032 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) filed an application under section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of Qantas Airways Limited. This application, which was considered by the Fair Work Commission, aimed to resolve disputes over a proposed enterprise agreement. The application was made in the context of similar applications by the Australian Manufacturing Workers’ Union and the Australian Workers’ Union, all related to the same proposed enterprise agreement. The key issue before the Commission was whether the requirements for a protected action ballot, as outlined in section 443 of the Act, had been satisfied by the CEPU.

The Deputy President Hampton examined the documentation, including a declaration by Scott Reichman, an Organiser for the CEPU, which detailed the bargaining efforts with Qantas and affirmed that the union had been genuinely attempting to reach an agreement. The Deputy President concluded that all statutory requirements had been met, including the notification period and the procedural changes agreed upon by the parties. The proposed ballot agent, Democratic Outcomes Pty Ltd, was found to be qualified under section 468A of the Act. The Deputy President set the closing date for voting as 30 August 2024, which also established the ballot period under section 448A(2) of the Act.

Following the decision, an Order was issued, and the matter was assigned to another Member of the Commission to conduct a compulsory conciliation conference. This conference aimed to facilitate meaningful negotiations among the bargaining representatives, with directions likely to be issued to ensure preparedness for the conference. The Commission's decision ensured that the legal requirements for the ballot were adhered to and set a clear timeline for the resolution of the dispute.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established