v Alliance Airlines Pty Ltd T/A Alliance Airlines

[2024] FWC 2712

[2024] FWC 2712

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

Australian Licenced Aircraft Engineers Association, The

v

Alliance Airlines Pty Ltd T/A Alliance Airlines

(B2024/1272)

DEPUTY PRESIDENT LAKE BRISBANE, 1 OCTOBER 2024

Application to extend the 30 day period in relation to protected action ballot of employees of Alliance Airlines Pty Ltd.

1. This matter concerns the declaration of the result of a protected action ballot PR778361 held in matter B2024/1035 and declared on 28 August 2024.

1. The Australian Licenced Aircraft Engineers Association has made an application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day period in which industrial action is authorised by the relevant protected action ballot.

1. Section 459(3) of the Act provides as follows:

“(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if:

(a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and

(b)     the period has not previously been extended.”

1. The application contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

1. Alliance Airlines Pty Ltd T/A Alliance Airlines was asked to respond with any objections by close of business 30 September 2024.  Alliance Airlines Pty Ltd T/A Alliance Airlines has not advised the Commission of any objections to this application.

1. I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

1. Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day period for the commencement of protected industrial action for eligible employees who were subject to the ballot and are employed by the Employer be extended by a further 30 days.

2. This order will operate on and from 1 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR779755>