The Civil Air Operations Officers' Association of Australia v Airservices Australia T/A Aviation Rescue Fire Fighting Service

[2024] FWC 858

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

The Civil Air Operations Officers' Association of Australia
v

Airservices Australia T/A Aviation Rescue Fire Fighting Service

(B2024/391)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 12 APRIL 2024

Proposed protected action ballot of employees of Airservices Australia

The decision issued by the Fair Work Commission on 4 April 2024 [2024] FWC 858, PR773150 is corrected as follows:

By amending paragraph [5] as follows (change in bold italics):

[5] Based on the Employer’s submissions and the terms of the agreement reached between the parties, I am satisfied that there are exceptional circumstances justifying the period of written notice being longer than 3 working days for the industrial action referred to in all of the ballot questions. Pursuant to s.443(5) of the Act, the period of written notice for the purposes of s414(2)(b) of the Act is 7 working days for the industrial action referred to in all of the ballot questions.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Civil Air Operations Officers' Association of Australia sought a protected action ballot order from the Fair Work Commission against Airservices Australia, which operates under the trade name Aviation Rescue Fire Fighting Service. The association sought to organise a ballot for its members, who are employees of Airservices Australia, to vote on potential protected industrial action. The application was made under section 437 of the Fair Work Act 2009.

The legal issues before the Fair Work Commission centred on whether there were exceptional circumstances justifying an extension of the period of written notice required for the industrial action ballot. Specifically, the Commission had to consider whether the standard three working days' notice period should be extended to seven working days, as requested by the employer, Airservices Australia.

The Fair Work Commission Deputy President, Wright, determined that there were indeed exceptional circumstances that warranted the extension of the notice period to seven working days. This decision was based on the submissions from the employer and the terms of the agreement reached between the parties. The Commission was satisfied that the extended notice period was necessary to ensure that the employer could adequately prepare for and respond to the potential industrial action. This decision aligned with section 443(5) of the Fair Work Act, which allows for adjustments to the standard notice period in certain exceptional circumstances.

The Fair Work Commission made an order under section 437 of the Fair Work Act 2009, granting the application for a protected action ballot. The order included a provision that the period of written notice for the industrial action ballot would be seven working days, reflecting the exceptional circumstances identified by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established