Flight Attendants' Association of Australia v Virgin Australia Airlines Pty Limited T/A Virgin Australia Airlines
[2023] FWC 3449
•22 DECEMBER 2023
| [2023] FWC 3449 |
| 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
Virgin Australia Airlines Pty Limited T/A Virgin Australia Airlines
(B2023/1402)
| DEPUTY PRESIDENT HAMPTON | ADELAIDE, 22 DECEMBER 2023 |
Application to extend the 30 day period in relation to B2023/1261
This matter concerns the declaration of the result of a protected action ballot (PR768344) held in matter B2023/1261 and declared 1 December 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.
Virgin Australia Airlines Pty Limited T/A Virgin Australia Airlines (Virgin) did not advise the Commission of any objections.
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 Virgin be extended by a further 30 days.
This order will operate on and from 22 December 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR769743>
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