United Firefighters' Union of Australia v Airservices Australia T/A Aviation Rescue Fire Fighting Service

[2022] FWC 2718

[2022] FWC 2718

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

United Firefighters’ Union of Australia
v

Airservices Australia T/A Aviation Rescue Fire Fighting Service

(B2022/1533)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 11 OCTOBER 2022

Proposed protected action ballot of employees of Airservices Australia

1. This is an application by the United Firefighters’ Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Airservices Australia (Respondent) which trades as Aviation Rescue Fire Fighting Service.

1. On 11 October 2022, the Respondent advised that it did not object to the application subject to there being an extended notice period of seven working days in relation to five of the proposed forms of industrial action to which the Applicant agreed.

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

1. On the basis of the material before me, including the declaration of Ms Justina Beltrame of the Applicant 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.

1. The Applicant and Respondent agree that the period of written notice referred to in s.414(2)(a) of the Act should be longer than three working days (seven working days) for five of the proposed forms of industrial action set out in questions 1 to 5 of the proposed questions. On 11 October 2022, the Respondent set out the circumstances that are said to justify a longer period. The circumstances are not disputed. I am satisfied that these circumstances are exceptional circumstances and that they justify a longer notice period. I am satisfied that the long period proposed – of seven working days – is appropriate having regard to the circumstances and the nature of the proposed industrial action. There are no grounds of which I am aware which would cause me not to exercise my discretion given my finding. Accordingly, I exercise my discretion under s.443(5) to require that period of written notice for the purposes of s.414(2) of the Act, proposed forms of industrial action set out in questions 1 to 5 be at least seven working days. The order I make will reflect this requirement.

1. An order has been separately issued in PR746698.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR746697>