Flight Attendants' Association of Australia v Qantas Domestic Pty Limited

[2022] FWC 3326

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

Flight Attendants’ Association of Australia
v

Qantas Domestic Pty Limited

(B2022/1836)

VICE PRESIDENT CATANZARITI

SYDNEY, 19 DECEMBER 2022

Application to extend the 30 day period in relation to B2022/1545

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, PR746844 made on 14 October 2022. The Order applies to certain employees of Qantas Domestic Pty 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 PR749056.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Flight Attendants' Association of Australia applied to the Fair Work Commission to extend the 30-day period for protected action under the Fair Work Act 2009. The application was made in relation to a protected action ballot order, PR746844, that had been authorised on 14 October 2022. The order applied to certain employees of Qantas Domestic Pty Limited. The ballot result, which showed that a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 23 November 2022. The 30-day period for protected action began on the date of the declaration of the ballot results and would have expired on 22 December 2022. Qantas Domestic Pty Limited did not oppose the application to extend the 30-day period.

The legal issues before the Fair Work Commission were whether the application met the requirements of s.459(3) of the Fair Work Act 2009, and if so, whether an extension of the 30-day period was appropriate. The Commission noted that the period specified in s.459(1)(d)(i) had not been previously extended. The Commission considered the material before it and was satisfied that each of the relevant requirements of s.459 of the Act had been met. The Commission found that an extension of the 30-day period was appropriate.

The Fair Work Commission determined the matter on the basis of the documentation filed. The Commission noted that the 30-day period for protected action would expire at midnight on 22 December 2022. The extension period would therefore operate from 22 December 2022. An order has been separately issued in PR749056.

This decision highlights the importance of the Fair Work Commission in regulating industrial action in Australia. The Commission has the power to extend the 30-day period for protected action under the Fair Work Act 2009, and it will consider applications to do so on a case-by-case basis. The decision also underscores the importance of the ballot process in determining whether protected industrial action is authorised. In this case, the majority endorsement of the proposed forms of protected industrial action by the relevant employees justified the extension of the 30-day period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established