As many of you will already be aware, yesterday the AFAP filed an application with the Fair Work Commission (FWC) for a Protected Action Ballot Order (PABO).
AIPA and the TWU have subsequently filed their own applications, aligned with the timeline and actions proposed in the AFAP application.
Earlier today, Jetstar, with the consent of all three unions, proposed some minor amendments to a small number of the protected actions contained in the draft ballot order. If accepted by the Commission, Jetstar has confirmed it will not object to the Order being made.
Jetstar has also indicated its support for the conciliation conference being listed as soon as practicable.
What happens now?
Under the Fair Work Act, the FWC must, as far as practicable, determine an application for a Protected Action Ballot Order within two working days of the application being lodged.
Given that Jetstar is not opposing the application, we expect the matter will likely be determined “on the papers” within the next 24 hours, without the need for a formal hearing.
The AFAP is confident that the statutory requirements for a PABO have been satisfied, including the requirement that the unions are genuinely trying to reach agreement with the Company.
Once the Commission issues the orders, we will be able to provide members with a clear timeline for when the ballot will open, along with further information regarding the voting process.
What is a PABO?
A Protected Action Ballot Order is a legal step under the Fair Work Act that allows union members to vote on whether they support taking protected industrial action as part of the bargaining process.
Importantly, the ballot does not automatically trigger industrial action. Rather, it authorises the unions to take specific forms of protected action if members vote in favour.
The ballot itself will be conducted by an independent ballot agent, and the AFAP has appointed TrueVote to conduct the ballot in this process.
Who can vote?
Only financial members of the AFAP are eligible to vote in the AFAP ballot.
As we outlined in yesterday’s update, it is important that members ensure their contact details are up to date in the AFAP system, particularly their email and postal address, as these will be used by the ballot agent to distribute voting information.
Pilots who are considering joining the AFAP in order to participate in the ballot should do so as soon as possible.
It is also important to understand that:
- The Company does not see how individual pilots vote
- Jetstar will only receive the overall ballot result (total votes and percentages)
- Individual voting remains strictly confidential
A strong participation rate and clear result will significantly strengthen the negotiating position of the unions.
Compulsory conciliation process
As part of the PABO process, the Fair Work Commission will also schedule a compulsory conciliation conference, which must take place before the ballot closes.
This conciliation conference provides the parties with another opportunity to engage in discussions and attempt to resolve the outstanding issues in bargaining.
The unions are committed to participating in this process in a genuine and constructive manner, and remain hopeful that further movement from Jetstar may occur during conciliation.
We are encouraged by recent comments from the CEO and Chief Pilot indicating that they intend to approach this stage of the process positively, with a genuine desire to reach an outcome. We encourage Jetstar to attend conciliation prepared to present a revised position that reflects genuine movement and is capable of endorsement by the unions and support from the pilot group.
The conciliation process will be an important opportunity to determine whether a genuine pathway to a negotiated agreement remains available.
The coming weeks will be an important period in the bargaining process, and we remain committed to pursuing a negotiated agreement that delivers a fair and sustainable outcome for Jetstar pilots.
We will provide members with as much guidance and support as possible throughout this process and will continue to keep you informed of any developments.
As always, the strength of this process ultimately comes from the unity and engagement of the pilot group, and we thank members for their continued support.
If you have any questions, your pilot representatives and AFAP industrial officers Deanna Cain, Pat Larkins or Andrew Molnar are available to assist via jetstar@afap.org.au or call (03) 9928 5737.
Members can also engage constructively with AFAP pilot representatives and industrial staff via the members-only AFAP Telegram forum here.
Regards,
AFAP Jetstar Negotiating Team
Chris Gibson, Dominic Corcoran, Daniel Blakemore, Ben Bollen, Jake Gainger and Paul Hogan