David John Paddle v Airservices Australia

[2024] FWC 992

[2024] FWC 992

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

David John Paddle
v

Airservices Australia

(B2024/442)

DEPUTY PRESIDENT HAMPTON SYDNEY, 16 APRIL 2024

Proposed protected action ballot of employees of Airservices Australia

1. This is an application by David John Paddle (Mr Paddle 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 Airservices Australia (Airservices or Employer).

1. I note that the Civil Air Operations Officers Association of Australia have made a separate application for a protected action ballot order in relation the same proposed agreement.[1]

1. On 15 April 2024, the Respondent advised that it did not object to the application subject to there being an extended notice period of seven (7) working days in relation to the proposed forms of industrial action. This was subsequently agreed by Mr Paddle.

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 declaration of Paddle, Air Traffic Controller, setting out the steps taken by Paddle in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with them, 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.

1. The ballot is to be conducted by the Australian Electoral Commission (AEC).

1. 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 31 May 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. I observe that on 16 April 2024, the Commission consulted with the parties in relation to the form of certain proposed questions in the draft order. The Applicant subsequently consented to the deletion of the above questions and no objection was raised by the Respondent.

1. I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of written notice for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission. The extended notice period of seven (7) working days applies to all items listed within Clause five (5) of the Order.

1. An Order has been separately issued in PR773546.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter. That Member will issue an Order requiring the attendance of all bargaining representatives for 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] B2024/391.

[2] This is, in effect, 31 working days from the date of the Order, as sought in the application.

Printed by authority of the Commonwealth Government Printer

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