s.437 - Application for a protected action ballot order

Proposed protected action ballot of employees of Jetstar Australia Airways Pty Limited- non-AEC ballot agent electronic voting

[1] This is an application by the Transport Workers' Union of Australia (TWU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Jetstar Airways Pty Limited (Jetstar or Employer).

• [2] I note that the Australian Federation of Air Pilots (AFAP)[1] and the Australian and International Pilots Association (AIPA)[2] have each made a separate application for a protected action ballot order in relation to the same proposed enterprise agreement.

[3] On 12 March 2026, the Commission was advised that the Employer, in effect, did not object to the Application, subject to there being an extended notice period for the taking of industrial action authorised by certain questions in Clause 5, and other changes to the form of the questions. The TWU, in effect, accepted that there were relevant exceptional circumstances and consented to the amendments.

[4] In the circumstances, I have decided to amend the application to reflect the consent position and determine the matter on the papers without holding a hearing.

[5] On the basis of the material before me, including the declaration of Edward Nell, Industrial Coordinator, setting out the steps taken by the TWU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Jetstar, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

[6] The ballot is to be conducted by True Vote Pty Ltd (True Vote). True Vote 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 is 27 March 2026.[3] 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 questions 1, 2, 3, 4 and 6 within Clause 5 of the Order.

[9] An Order has been separately issued in PR797587.

[10] This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference along with the other related matters. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

[3] This is, in effect, 10 calendar days after the anticipated commencement of the ballot and was the period sought in the application.

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