1 Fair Work Act 2009 s.437 - Application for a protected action ballot order Australian Municipal, Administrative, Clerical and Services Union v Aviation Training Australasia Pty Ltd (B2024/822) COMMISSIONER LEE MELBOURNE, 28 JUNE 2024 Proposed protected action ballot of employees of Aviation Training Australasia Pty Ltd [1] This is an application by the Australian Municipal, Administrative, Clerical and Services Union (ASU 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 Aviation Training Australasia Pty Ltd (AAT or Employer). [2] On 27 June 2024, the Commission was advised that the Employer did not object to the Application but, wished to raise a number of concerns. [3] In the circumstances, I decided to list the matter today for a hearing. At the conclusion of the hearing, I advised that I would make the PABO order with amendments as agreed by consent at the hearing. The consented position is reiterated in the decision below. [4] On the basis of the material before me, including the declaration of John Weber, Industrial Advocate, setting out the steps taken by the ASU in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with AAT, 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. [5] The ballot is to be conducted by Vero Engagement & Voting Solutions Pty Ltd (Vero). Vero has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot. [6] 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 12 July 2024. This also establishes the ballot period for the purpose of s.448A(2) of the Act. [7] I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying a longer 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 which, will apply to a limited number of the forms of protected industrial action. The parties have agreed that the 2024 FWC 1708 DECISION 2024 FWC 1708 2 protected industrial action listed in items 1-6 and item 10 will be subject to a longer period of written notice. For the avoidance of doubt, the forms of industrial action that are subject to the longer period of written notice are: 1. An unlimited number of stoppages of work for 4 hours 2. An unlimited number of stoppages of work for 8 hours 3. An unlimited number of stoppages of work for 12 hours 4. An unlimited number of stoppages of work for 24 hours 5. An unlimited number of stoppages of work for 48 hours 6. Indefinite stoppage 10. Indefinite or periodic ban on Pre flights [8] The longer period of notice agreed is 5 calendar days. The parties agree the definition of calendar days is any day of the calendar year except Good Friday or Christmas Day provided that the application of this definition will not result in the notice period being less than 3 working days as provided for in s.12 and s.414(2)(b) of the Act. [9] An Order has been separately issued in PR776530. [10] I will conduct the s.448A compulsory conciliation conference in relation to this matter. I will issue an Order requiring the attendance of all bargaining representatives for 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. COMMISSIONER Printed by authority of the Commonwealth Government Printer <PR776529>