Flight Attendants' Association of Australia T/A Flight Attendants' Association of Australia v Virgin Australia Airlines Pty Limited T/A Virgin Australia Airlines

[2023] FWC 3004

[2023] FWC 3004

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Flight Attendants' Association of Australia T/A Flight Attendants' Association of Australia
v

Virgin Australia Airlines Pty Limited T/A Virgin Australia Airlines

(B2023/1261)

DEPUTY PRESIDENT WRIGHT SYDNEY, 16 NOVEMBER 2023

Proposed protected action ballot of employees of .Virgin Australia Airlines Pty Limited

1. This is an application by the Flight Attendants’ Association of Australia (FAAA 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 Virgin Australia Airlines Pty Ltd (Virgin or Employer). 

1. I note that a related application has been made by the Transport Workers’ Union.[1]

1. On 16 November 2023, the Commission was advised that Virgin did not, in effect, object to the Application.

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 Steven Reed, Manager Industrial Relations, setting out the steps taken by the FAAA in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Virgin, 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 TrueVote Pty Ltd. TrueVote has been approved as an eligible protected action ballot agent under s.468A of the Act and is authorised to conduct the ballot.[2]

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 1 December 2023. This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR768344.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference, in conjunction with related matter B2023/1242. That Member will issue an Order requiring the attendance of all bargaining representatives involved 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] B2023/1242.

[2] TrueVote Pty Ltd [2023] FWC 1446.

Printed by authority of the Commonwealth Government Printer

<PR768343>