The Australian Licenced Aircraft Engineers Association v Eastern Australia Airlines Pty Limited

[2023] FWC 1119

[2023] FWC 1119

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Australian Licenced Aircraft Engineers Association
v

Eastern Australia Airlines Pty Limited

(B2023/399)

VICE PRESIDENT CATANZARITI SYDNEY, 11 MAY 2023

Proposed protected action ballot of employees of Eastern Australia Airlines Pty Ltd

1. This is an application by the Australian Licenced Aircraft Engineers Association (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Eastern Australia Airlines Pty Limited (Respondent).

1. The Respondent neither consented nor objected to the application.

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 statutory declaration of Noel Speers of the Applicant declared on 3 May 2023, setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

1. An Order has been separately issued in PR761823.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR761824>