The Australian Licenced Aircraft Engineers Association v Virgin Australia Regional Airlines Pty Ltd

[2022] FWC 2059

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Australian Licenced Aircraft Engineers Association
v

Virgin Australia Regional Airlines Pty Ltd

(B2022/1160)

VICE PRESIDENT CATANZARITI

SYDNEY, 3 AUGUST 2022

Proposed protected action ballot of employees of Virgin Australia Regional Airlines Pty Ltd

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 Virgin Australia Regional Airlines Pty Ltd (Respondent).

On 1 August 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 Peter Gill of the Applicant declared on 29 July 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 PR744477.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Licenced Aircraft Engineers Association (the Association) sought a protected action ballot order under section 437 of the Fair Work Act 2009 (Cth) (the Act) in relation to certain employees of Virgin Australia Regional Airlines Pty Ltd (the Respondent). The application was made by the Association in the Fair Work Commission, which was asked to decide whether it should grant the order. The Respondent did not oppose the application, which was decided on the papers without a hearing.

The legal issues in the case were whether the Association had met the requirements of section 443 of the Act, which deals with the notification time for a protected action ballot, and whether the Association had genuinely tried to reach agreement with the Respondent. The court had to determine whether the Association had met the statutory requirements and if it had genuinely tried to reach agreement with the Respondent.

The Fair Work Commission found that the Association had met the requirements of section 443 of the Act and had genuinely tried to reach agreement with the Respondent. The court was satisfied with the steps taken by the Association in bargaining with the Respondent and that it had been, and was, genuinely trying to reach agreement with the Respondent. The statutory declaration of Peter Gill of the Association, which was declared on 29 July 2022, was considered in the decision. The court concluded that an Order should be made in favour of the Association.

The Fair Work Commission granted the application for a protected action ballot order. An Order was separately issued in PR744477. The decision was made on the basis of the material before the court, including the statutory declaration of Peter Gill of the Association and the lack of opposition from the Respondent. The court found that the Association had met the requirements of section 443 of the Act and had genuinely tried to reach agreement with the Respondent. The decision was printed by authority of the Commonwealth Government Printer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established