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

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

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).

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

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

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 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.

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]

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.

An Order has been separately issued in PR768344.

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

CaseChat Overview and Summary

The Flight Attendants' Association of Australia (Applicant) applied to the Fair Work Commission for a protected action ballot order concerning employees of Virgin Australia Airlines Pty Ltd (Employer). The dispute arose from a proposed agreement and the application was made under s.437 of the Fair Work Act 2009. The Employer did not object to the application, leading the Commission to decide the matter based on the submitted documents. A related application had been made by the Transport Workers' Union.

The central legal issue was whether the Applicant had met the requirements under s.443(1) of the Act, including providing sufficient notice and demonstrating genuine efforts to reach an agreement with the Employer. The Applicant had submitted a declaration from Steven Reed, Manager Industrial Relations, outlining the bargaining steps taken and confirming the association's genuine attempts to reach an agreement with the Employer. The Commission was satisfied that the notification period had been met and all conditions under s.443(1) were fulfilled.

The Deputy President determined that the proposed ballot by TrueVote Pty Ltd, an approved agent, would proceed, with voting to close by 1 December 2023. This decision established the ballot period under s.448A(2) of the Act. A separate order was issued for a compulsory conciliation conference, with related matters to be addressed by another Commission member. This conference aimed to ensure meaningful negotiations and the issuance of necessary directions to compel attendance and participation.

The Fair Work Commission granted the Application for a protected action ballot order. The voting period was set to conclude on 1 December 2023, and a compulsory conciliation conference was scheduled, with related matters to be handled by another Commission member. The conference aimed to facilitate meaningful negotiations between the parties involved in the proposed enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established