Paul Andrew Sutherland v Airservices Australia

[2024] FWC 1057

[2024] FWC 1057

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Paul Andrew Sutherland
v

Airservices Australia

(B2024/465)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 23 APRIL 2024

Proposed protected action ballot of employees of Airservices Australia

1. This is an application by Paul Andrew Sutherland (Mr Sutherland or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Airservices Australia (Airservices or Employer).

1. I note that Daniel Lachlan Walker has made a separate application for a protected action ballot order in relation the same proposed agreement.[1]

1. On 22 April 2024, the Respondent advised that it did not object to the application subject to there being an extended notice period of seven (7) working days in relation to the proposed forms of industrial action. This was subsequently agreed by Mr Sutherland.

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 Mr Sutherland, Air Traffic Controller, setting out the steps taken by the Applicant in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with them, I am satisfied that there is a notification time in relation to the proposed agreement and that all of  the requirements in s.443(1) of the Act have been met.

1. The ballot is to be conducted by the Australian Electoral Commission (AEC).

1. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 6 June 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of seven (7) working days written notice for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission.

1. An Order has been separately issued in PR773842.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matter. That Member will issue an Order requiring the attendance of all bargaining representatives for the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] B2024/466.

[2] This is, in effect, 30 working days from the date of the Order, as required by the AEC.

Printed by authority of the Commonwealth Government Printer

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