Flight Attendants' Association of Australia v Network Aviation Pty Ltd T/A Network Aviation Australia

[2023] FWC 1609

[2023] FWC 1609

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Flight Attendants' Association of Australia
v

Network Aviation Pty Ltd T/A Network Aviation Australia

(B2023/665)

DEPUTY PRESIDENT O'KEEFFE PERTH, 3 JULY 2023

Proposed protected action ballot of employees of Network Aviation Pty Ltd

1. This is an application by the Flight Attendants' Association of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Network Aviation Pty Ltd T/A Network Aviation Australia (Respondent).

1. On 30 June 2023 the Respondent advised that it objected to the application.  Accordingly a hearing was scheduled for 3 July 2023 in relation to the objection.  Prior to the scheduled hearing on 3 July 2023, the Applicant provided an amended F34 application form, along with an amended draft order.  The Respondent advised that it no longer pressed an objection to the application and was content for the Commission to determine the application in accordance with the Act.  The hearing was therefore vacated.

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 Gareth Uren of the Applicant setting out the steps taken by it in bargaining with the Respondent, I am satisfied that that the requirements in s.443(1) of the Act have been met in that the Applicant has been, and is, genuinely trying to reach agreement with the Respondent. 

1. I am also satisfied that there is a notification time in relation to the proposed agreement.

1. The person proposed in the application as the protected action ballot agent is the Australian Electoral Commission (AEC).  

1. I therefore appoint the AEC as the protected action ballot agent.

1. An order has been separately issued in PR763862.

DEPUTY PRESIDENT

<PR763861>