Lloyd Helicopters Pty Ltd T/A CHC Helicopter (Australia) v Australian Licensed Aircraft Engineers Association & the Australian Workers' Union

[2023] FWC 620

[2023] FWC 620

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.424—Industrial action

Lloyd Helicopters Pty Ltd T/A CHC Helicopter (Australia)
v

Australian Licensed Aircraft Engineers Association & The Australian Workers’ Union

(B2023/237 & B2023/238)

COMMISSIONER SCHNEIDER PERTH, 15 MARCH 2023

Applications to suspend or terminate protected industrial action (endangering life etc) - s.424 - Applications dismissed – Written reasons to follow

1. This decision concerns two applications made on 14 March 2023 by Lloyd Helicopters Pty Ltd T/A CHC Helicopters (the Applicant) requesting orders be made by the Fair Work Commission (the Commission) under section 424 of the Fair Work Act 2009 (Cth) (the Act) to terminate protected industrial action. The Applicant has been notified that protected industrial action is planned to be taken by members of the Australian Licensed Aircraft Engineers Association of Australia (ALAEA) and the Australian Workers’ Union (AWU) (collectively, the Unions) employed within the Applicant’s operations.

Background

1. The Applicant contends that the industrial action has threatened, is threatening, or would threaten to endanger the life, the personal safety or health, or the welfare, of the population or part of the population. The Applicant requests the protected industrial action be terminated.

1. The Unions submit that the Applicant cannot establish that the proposed industrial action threatens to endanger the life, the personal safety or health, or the welfare, of the population or part of the population. The Unions request that the applications be dismissed.

1. The protected industrial action in question is scheduled to commence at midday tomorrow, 16 March 2023.

1. A joint Hearing of the matters was held earlier this afternoon, on 15 March 2023. At the conclusion of the Hearing, I reserved my decision and indicated the parties should receive an outcome prior to the commencement of the protected industrial action.

1. Given the urgency of the matters, I have determined it is best to issue this brief decision now so that the parties are informed promptly and may make any necessary arrangements for tomorrow. I will issue fulsome written reasons for my conclusion in due course.

1. I have determined, on the basis of the evidence before the Commission, that I am not satisfied the protected industrial action has threatened, is threatening, or would threaten to endanger the life, the personal safety or health, or the welfare, of the population or part of the population.

Conclusion

1. Accordingly, the Commission will not issue orders terminating or suspending the protected industrial action. The applications will be dismissed. Reasons to follow.

COMMISSIONER

Appearances:

S Bakewell of EMA Consulting for the Applicant.
L Saunders of Counsel for the Unions.

Hearing details:

2023.
Perth (by video):
15 March.

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