Flight Attendants Association of Australia v Network Aviation Pty Ltd T/A Network Aviation Australia

[2023] FWC 2371

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

Flight Attendants Association of Australia
v

Network Aviation Pty Ltd T/A Network Aviation Australia

(B2023/963)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 14 SEPTEMBER 2023

Application to extend the 30 day period in relation to B2023/665.

This matter concerns the declaration of the result of a protected action ballot (PR763862) held in matter B2023/665and declared on 14 August 2023.

The Flight Attendants Association of Australia (FAAA) has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b) the period has not previously been extended.”

The application made by the FAAA contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

The Respondent advised the Commission it has no objection to this application.

I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible FAAA members employed by Network Aviation Pty Ltd T/A Network Aviation Australia be extended by a further 30 days.

This order will operate on and from 14 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Flight Attendants Association of Australia (FAAA) applied to the Fair Work Commission (FWC) to extend the 30-day period in which industrial action was authorised by a protected action ballot. This application was in relation to matter B2023/665, which involved employees of Network Aviation Pty Ltd T/A Network Aviation Australia. The FWC was required to determine whether the application met the statutory requirements for an extension under section 459(3) of the Fair Work Act 2009.

The legal issue before the FWC was whether the FAAA's application satisfied the conditions set out in section 459(3) of the Act. Specifically, the FWC had to assess whether the 30-day period had not already been extended and whether the application was made by an applicant for the protected action ballot order. The FAAA argued that both conditions were met, and the period should be extended by a further 30 days. The respondent, Network Aviation Pty Ltd, did not object to the application.

The FWC found that the FAAA's application fulfilled the requirements of section 459(3) of the Act. The 30-day period had not been previously extended, and the application was made by the FAAA, which was an applicant for the protected action ballot order. Consequently, the FWC granted the application and ordered that the 30-day period for the commencement of protected industrial action for eligible FAAA members employed by Network Aviation Pty Ltd be extended by a further 30 days.

This order took effect from 14 September 2023. The FWC's decision allows the FAAA to pursue protected industrial action within the extended timeframe, provided all other legal requirements are met.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established