1 Fair Work Act 2009 s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot Australian Federation of Air Pilots v Auriga Aviation Pty Ltd T/A Auriga Aviation (B2024/35) DEPUTY PRESIDENT WRIGHT SYDNEY, 17 JANUARY 2024 Application to extend the 30-day period in relation to B2023/1345 [1] This matter concerns the declaration of the result of a protected action ballot (PR769160) held in matter B2023/1345 and declared on 22 December 2023. [2] The Australian Federation of Air Pilots (AFAP) 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. [3] 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.” [4] The application made by the AFAP contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days. [5] Auriga Aviation Pty Ltd T/A Auriga Aviation has advised the Commission it has no objection to this application. [6] I am satisfied that the relevant requirements of the Act have been met and that the application should be granted. [7] 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 AFAP members employed by Auriga Aviation Pty Ltd T/A Auriga Aviationbe extended by a further 30 days. [2024] FWC 145 DECISION [2024] FWC 145 2 [8] This order will operate on and from 17 January 2024. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR770371>