Debbie Butler v Qantas Airways Limited

[2011] FWA 1579

[2011] FWA 1579

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.483AA - Application for an order to access non-member records

Debbie Butler
v
Qantas Airways Limited
(RE2011/2605)

and

Debbie Sutton
v
Qantas Airways Limited
(RE2011/10)

COMMISSIONER CLOGHAN PERTH, 11 MARCH 2011

Application for an order to access non-member records.

[1] On 7 February 2011, Ms Debbie Butler (“the First Applicant”) made application for an order to access non-member records or documents held by Qantas Airways Ltd (“the Employer”) (RE2011/2605).

[2] On 22 February 2011, Ms Debbie Sutton (“the Second Applicant”) made an identical application for an order to access non-member records or documents held by Qantas Airways Ltd (“the Employer”) (RE2011/10).

[3] The applications are made pursuant to s.483AA of the Fair Work Act 2009 (“the Act”).

[4] The First and Second Applicants are union organisers with the Australian Municipal, Administrative, Clerical and Services Union (ASU).

[5] The First and Second Applicants hold entry permits R2008/3056 and R2008/10 respectively. No conditions have been imposed on the entry permits.

[6] Both Applicants are seeking access to records or documents of non ASU members employed by the Employer whose employment is or was covered by the Australian Services Union (Qantas Airways Limited) Enterprise Agreement 7 and/or the Australian Services Union (Qantas Airways Limited) Agreement 8 and who are or were employed as part-time Customer Service Agents at Perth Domestic Airport.

[7] In view of the nature of the applications, I determined that the Employer should be given the opportunity to be heard in these applications.

[8] A conference of the parties was held on 22 February 2011. A hearing into the applications was held on 1 March 2011. The parties agreed that both applications ought to be heard together.

[9] At the conclusion of the hearing, and with the consent of both parties, Orders PR507265 and PR507266 were issued on 2 March 2011.

COMMISSIONER

Appearances:

Ms D Butler of the Australian Municipal, Administrative, Clerical and Services Union.

Mr J Blackburn Barrister with Ms McConnell of Blake Dawson for Qantas Airways Limited.

Hearing details:

2011:

Perth

1 March

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