The Australian Workers' Union v Airbus Australia Pacific Limited

[2023] FWC 361

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Australian Workers' Union
v

Airbus Australia Pacific Limited

(B2023/99)

VICE PRESIDENT CATANZARITI

MELBOURNE, 14 FEBRUARY 2023

Proposed protected action ballot of employees of Airbus Australia Pacific Limited

This is an application by the Australian Workers' Union (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 Airbus Australia Pacific Limited (Respondent).

On 10 February 2023, 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 Joe Hutchings of the Applicant declared on 31 January 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.

An Order has been separately issued in PR750580.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union (AWU) filed an application under section 437 of the Fair Work Act 2009 against Airbus Australia Pacific Limited (Airbus) seeking a protected action ballot order concerning certain employees. Airbus did not oppose the application. The application was heard by Vice President Catanzariti of the Fair Work Commission in Melbourne on February 14, 2023. The central issue before the Commission was whether the AWU had met the requirements for a protected action ballot under the Fair Work Act.

The AWU argued that it had been genuinely attempting to reach an agreement with Airbus and had fulfilled the notification time for the proposed agreement. The AWU presented a statutory declaration by Joe Hutchings, dated January 31, 2023, which outlined the bargaining process and demonstrated the union's efforts to reach an agreement with Airbus. The Commission considered the material provided and determined that the AWU had satisfied the statutory requirements for a protected action ballot under section 443(1) of the Act.

Vice President Catanzariti concluded that the AWU had fulfilled the necessary conditions for the protected action ballot, and therefore, an order was made in the AWU's favour. The Commission decided to determine the matter on the papers without holding a hearing, as Airbus did not oppose the application. This decision reflects the Commission's recognition of the AWU's efforts to reach an agreement with Airbus and its compliance with the requirements set out in the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established