Fair Work Act 2009

s.437 - Protected action

Australian Licenced Aircraft Engineers Association, The, Australian Workers' Union, The

Proposed protected action ballot of employees of Auriga Aviation Pty Ltd

• [1] This is an application by the Australian Licensed Aircraft Engineers Association (the ALAEA) and the Australian Workers' Union (the AWU) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Auriga Aviation Pty Ltd (Auriga or Employer).

• [2] On 24 July 2024, the Commission was advised by the Employer objected to one of the questions to be put to the ballot on the basis that the members of the ALAEA and AWU are not capable of responding to them, and they are sufficiently clear so that the members can make an informed choice.

"An unlimited number of bans for an indefinite period on performing work at any location other than the employee's home base?"

• [3] The parties confirmed that they wished for the matter to be determined on the papers.

• [4] The ballot questions need to be stated with sufficient clarity so that employees can make an informed choice.[1] I am satisfied that the question in contention is sufficiently clear as to what the industrial action is. It is simply that the ALAEA and AWU seek to ban work at any location other than the individual's home base. This would limit employees travelling to other airports to work. The remaining questions are not in contention.

• [5] On the material before me, I am satisfied that the ALAEA and AWU have taken steps during bargaining to genuinely try to reach agreement as set out by a declaration from Glynn Sowter, Solicitor from ALAEA, and Doug Heath, National Organiser from the AWU. I am satisfied that there is a notification time in relation to the proposed agreement and that all the requirements in s.443(1) of the Act have been met.

• [6] 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.

• [7] For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close on 6 August 2024.[2] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [8] I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of written notice for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission. The extended notice period of 5 working days applies to the items listed within clause five (5) of the Order.

• [9] An Order has been separately issued in PR777478.

• [10] I will conduct the s.448A compulsory conciliation conference and issue the Order requiring attendance for conference.

[1] John Holland Pty Ltd v Automtive, Food, Metals, Engineering, Printing and Kindred Industries Union [2010] FWAFB 526; (2010) 194 IR 239 at [19]; Total Marine Services Pty Ltd v Maritime Union of Australia (2009) 189 IR 407 at [38].

[2] This is, in effect, 10 working days from the making of the Order and was the specific date sought in the application.

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