Transport Workers' Union of Australia v GE Aviation Systems Australia Pty Ltd Summary

[2025] FWC 1854

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Transport Workers' Union of Australia
v

GE Aviation Systems Australia Pty Ltd

(B2025/1051)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 30 JUNE 2025

Proposed protected action ballot of employees of GE Aviation Systems Australia Pty Ltd

This is an application by the Transport Workers' Union of Australia acting through its NSW/QLD (Interim Governance) Branch (TWU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of GE Aviation Systems Australia Pty Ltd (GE Aviation or Employer).

On 30 June 2025, the Commission was advised that the Employer, in effect, did not object to 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 declaration of Thomas Millroy, Organiser, setting out the steps taken by the TWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with GE Aviation, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

The ballot is to be conducted by Democratic Outcomes Pty Ltd (CiVS). CiVS has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 18 July 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

An Order has been separately issued in PR788709.

This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] This is, in effect 14 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia sought a protected action ballot order under section 437 of the Fair Work Act 2009 for employees of GE Aviation Systems Australia Pty Ltd. The application was made to the Fair Work Commission, which decided to determine the matter on the papers without a hearing as the employer did not object. The union's application was based on the assertion that it had genuinely tried to reach an agreement with the employer and that the requirements for a protected action ballot were satisfied. The ballot was to be conducted by Democratic Outcomes Pty Ltd, which was approved under section 468A of the Act.

The legal issues before the Commission involved whether the union had taken sufficient steps in good faith to negotiate with the employer and whether all conditions under section 443 of the Act were met. The Commission needed to determine if the union's declaration and the employer's lack of objection met the statutory requirements for a protected action ballot. Additionally, the Commission had to set a closing date for the ballot and schedule a compulsory conciliation conference under section 448A of the Act.

The Deputy President concluded that the union had genuinely attempted to reach an agreement and that the employer did not object to the ballot. The Commission was satisfied that all requirements under section 443(1) of the Act were met and that the union's declaration was sufficient. The Deputy President set the closing date for voting on the ballot as 18 July 2025, effectively 14 working days from the making of the Order. Furthermore, the matter was assigned to another Member of the Commission to conduct a compulsory conciliation conference under section 448A of the Act. This Member would issue an Order requiring the attendance of bargaining representatives and likely issue Directions to ensure meaningful negotiations.

The Commission issued an Order to conduct the ballot and scheduled the conciliation conference, ensuring the parties would be ready to negotiate. This decision facilitates the protected action ballot process and sets the stage for further negotiations to resolve the dispute between the union and the employer.

Transport Workers' Union of Australia v GE Aviation Systems Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established