DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Australian Federation of Air Pilots
v
Jetstar Airways Pty Limited T/A Jetstar Airways
(B2019/1303)

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 18 NOVEMBER 2019

Proposed protected action ballot of employees of JetStar Airways Pty Limited.

[1] This is an application by the Australian Federation of Air Pilots (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 T/A Jetstar Airways (Respondent).

[2] On 15 November 2019, my Associate was advised that the Respondent did not object to the application.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Ms D Cain of the Applicant setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

[5] The Applicant also sought that a person other than the Australian Electoral Commission (AEC) be the ballot agent for the protected action ballot. This course was not opposed by the Respondent. The person proposed in the application as the protected action ballot agent is Elections Australia Pty Ltd (Elections Australia). Mr Phillip Francis Lewis, the principal at Elections Australia has extensive experience conducting elections and ballots. I am satisfied that Elections Australia is a fit and proper person to conduct the ballot. I am also satisfied that Mr Lewis and Elections Australia are capable of ensuring the secrecy and security of the votes and of conducting the ballot expeditiously. Elections Australia has agreed to be the protected action ballot agent and it is are bound to comply with the Privacy Act 1998 with respect to the handling of the information relating to the protected action ballot.

[6] Therefore I appoint Elections Australia as the protected action ballot agent.

[7] An order has been separately issued in PR714350.

DEPUTY PRESIDENT

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