Flight Attendants' Association of Australia v Qantas Airways Limited

[2022] FWC 3328

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

Flight Attendants’ Association of Australia
v

Qantas Airways Limited

(B2022/1837)

VICE PRESIDENT CATANZARITI

SYDNEY, 19 DECEMBER 2022

Application to extend the 30 day period in relation to B2022/1546

On 15 December 2022, the Flight Attendants’ Association of Australia (Applicant) made an application to the Fair Work Commission (the Commission) pursuant to s. 459(3) of the Fair Work Act 2009 (Cth) (the Act) to extend the 30 day period for protected action authorised by a protected action ballot order, PR746850 made on 14 October 2022. The Order applies to certain employees of Qantas Airways Limited (the Respondent).

The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 23 November 2022. Pursuant to s.459(1)(d)(i) of the Act, the 30 day period for protected action commenced on the date of the declaration of the results of the ballot and therefore expires at midnight on 22 December 2022.

On 16 December 2022, the Respondent advised the Commission via email that it does not oppose the Flight Attendants’ Association of Australia’s application to extend the 30 day period for protected industrial action. Accordingly, I have determined the matter on the basis of the documentation filed.

In addressing s.459(3) of the Act, this application is made by the Flight Attendants’ Association of Australia who is the Applicant for which the protected action ballot order was issued. Furthermore, the period specified in s.459(1)(d)(i) has not been previously extended.

On that basis and on the material before me, I am satisfied that each of the relevant requirements of s.459 of the Act have been met and that a 30 day extension is appropriate. As the 30 day period expires at midnight on 22 December 2022, the extension period will operate from 22 December 2022.

An order has been separately issued in PR749065.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to consider an application by the Flight Attendants' Association of Australia to extend the 30-day period for protected action authorised by a ballot order. The application was made pursuant to section 459(3) of the Fair Work Act 2009. The protected action ballot order, PR746850, applied to certain employees of Qantas Airways Limited. The Association sought an extension of the 30-day period for protected action, which was set to expire on 22 December 2022.

The key legal issue before the Commission was whether the Association had met the requirements of section 459 of the Act to extend the 30-day period for protected action. The Commission needed to determine if the relevant requirements had been satisfied and if an extension was appropriate. The Association argued that an extension was warranted, while Qantas did not oppose the application.

The Commission found that the Association had met the requirements of section 459 of the Act. The 30-day period for protected action had not been previously extended. On the material before the Commission, it was satisfied that an extension was appropriate. The Commission granted the application, and the extension period will operate from 22 December 2022. An order was issued in PR749065.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established