Australian Institute of Marine and Power Engineers, The v ASP Ship Management Pty Ltd

[2023] FWC 566

[2023] FWC 566

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Institute of Marine and Power Engineers, The
v

ASP Ship Management Pty Ltd

(B2023/208)

DEPUTY PRESIDENT CLANCY MELBOURNE, 7 MARCH 2023

Proposed protected action ballot of employees of ASP Ship Management Pty Ltd

1. This is an application by the Australian Institute of Marine and Power Engineers (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of ASP Ship Management Pty Ltd (Respondent).

1. The Respondent was given an opportunity to raise any objections to the application. No response was received. Accordingly, I have proceeded on the basis that the Respondent does not have any objections to the application and have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the declaration of Mr Nathan Niven 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.

1. An order has been separately issued in PR760114.
   

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR760113>