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

[2022] FWC 2004

[2022] FWC 2004

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

(B2022/1141)

DEPUTY PRESIDENT CLANCY MELBOURNE, 28 JULY 2022

Proposed protected action ballot of employees of Airservices Australia T/A Aviation Rescue Fire Fighting Service.

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 T/A Aviation Rescue Fire Fighting Service (the Respondent).

1. On 27 July 2022, my Associate was advised by the Respondent’s lawyers that the Respondent objected to certain forms of the proposed industrial action identified in the draft order accompanying the application. I determined a Mention should be conducted, during which I discussed these concerns with the parties and other matters subsequently raised. The parties were unable to reach a consent position on this issue and the Respondent sought to be heard. Accordingly, I issued directions and listed the matter for hearing on 28 July 2022. Prior to the hearing, my Chambers received correspondence from the parties confirming that a consent position had been reached. On this basis, the Respondent advised that it withdrew its objections to the application.

1. With the parties having resolved the various matters raised, I have proceeded to determine the matter on the papers without holding a hearing.

1. Section 443(1)(b) of the Act provides that, in determining whether to make a protected action ballot order, the Commission must be satisfied that the Applicant has been, and is, genuinely trying to reach an agreement with the employer of the employees who are to be balloted. On the basis of the material before me, including the declaration of Ms Justina Beltrame of the Applicant, setting out the steps taken by the Applicant in bargaining and the assertion 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 also sought that a person other than the Australian Electoral Commission be the ballot agent for the protected action ballot. This course was not opposed by the Respondent. The person proposed in the application as the protected action ballot agent is Mr Stephen Donaldson (Business Owner of TrueVote Pty Ltd). I am satisfied that Mr Donaldson is a fit and proper person to conduct the ballot. I am also satisfied that he is capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. Mr Donaldson has agreed to be the protected action ballot agent and is bound to comply with the Privacy Act 1998 with respect to the handling of the information relating to the protected action ballot.

1. Therefore I appoint Mr Stephen Donaldson as the protected action ballot agent.

1. An order has been separately issued in PR744297.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR744296>