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

[2022] FWC 2704

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Australian Licenced Aircraft Engineers Association
v

Eastern Australia Airlines Pty Limited

(B2022/1517)

VICE PRESIDENT CATANZARITI

SYDNEY, 7 OCTOBER 2022

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

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).

On 6 October 2022, the Fair Work Commission was advised that the Respondent did not oppose the application.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the statutory declaration of Noel Speers of the Applicant declared on 5 October 2022, 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.

An Order has been separately issued in PR746613.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Licenced Aircraft Engineers Association brought a matter before the Fair Work Commission against Eastern Australia Airlines, seeking a protected action ballot order under section 437 of the Fair Work Act 2009. The application was in relation to certain employees of Eastern Australia Airlines. The respondent did not oppose the application, leading the Vice President to determine the matter on the papers without holding a hearing.

The central legal issue before the court was whether the application for a protected action ballot order was justified under section 437 of the Fair Work Act 2009. This involved assessing whether the Association had genuinely attempted to reach an agreement with the airline and if the notification time for the proposed agreement had been met. The court also had to consider if the requirements of section 443(1) of the Act had been fulfilled.

In reaching its decision, the court considered the statutory declaration of Noel Speers from the Association, which outlined the steps taken in bargaining with the respondent and the genuine efforts to reach an agreement. Based on the evidence, the court was satisfied that the notification time for the proposed agreement was appropriate and that the requirements under section 443(1) of the Act were met. Consequently, the court granted the application for a protected action ballot order.

An order was issued in PR746613. The Vice President's decision, printed by authority of the Commonwealth Government Printer, concluded that the application was justified and the necessary conditions were met for the protected action ballot to proceed.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established