v Alliance Airlines Pty Ltd T/A Alliance Airlines

[2024] FWC 2711

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.459—Protected action

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

Alliance Airlines Pty Ltd T/A Alliance Airlines

(B2024/1270)

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.

This matter concerns the declaration of the result of a protected action ballot PR778356 held in matter B2024/1029 and declared on 28 August 2024.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

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.”

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

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.

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

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.

This order will operate on and from 1 October 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU), on behalf of its members employed by Alliance Airlines Pty Ltd, applied to the Fair Work Commission (FWC) to extend the 30-day period for taking industrial action, as authorised by a protected action ballot. The dispute arose after the AMWU conducted a ballot among Alliance Airlines' employees, seeking authorisation for industrial action. The outcome of the ballot was declared on 28 August 2024, and the AMWU applied for an extension of the 30-day period for commencing such action under section 459(3) of the Fair Work Act 2009.

The central issue before the FWC was whether the conditions stipulated in section 459(3) of the Act were met, allowing for the extension of the 30-day period for industrial action. The AMWU argued that the application was made within the stipulated timeframe and that the period had not previously been extended. Alliance Airlines Pty Ltd was given an opportunity to object but did not do so. The Deputy President was required to determine if the application satisfied the legislative criteria and if the extension was warranted.

In this case, the Deputy President found that the AMWU had met all the conditions for an extension as outlined in section 459(3) of the Act. The application was timely, and there had been no previous extension of the period. Given that Alliance Airlines Pty Ltd did not object to the application, the Deputy President concluded that the extension should be granted. The order extended the 30-day period for the commencement of protected industrial action for eligible employees by an additional 30 days, effective from 1 October 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established