Australian Institute of Marine and Power Engineers, The v Strait Link Shipping Pty Ltd T/A Strait Link Shipping

Case •

[2023] FWC 1449

•

20 JUNE 2023
[2023] FWC 1449

FAIR WORK COMMISSION
DECISION

Fair Work Act 2009

s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot

Australian Institute of Marine and Power Engineers, The
v

Strait Link Shipping Pty Ltd T/A Strait Link Shipping

(B2023/602)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 20 JUNE 2023

Application to extend the 30 day period in relation to B2023/341

  1. This matter concerns the declaration of the result of a protected action ballot (PR761091) held in matter B2023/341 and declared on 24 May 2023.

  1. The Australian Institute of Marine and Power Engineers (AIMPE) 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.

  1. 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.”

  1. The application made by AIMPE contends that each of the relevant requirements have been met and that the period should be extended by a further 30 days.

  1. Strait Link Shipping Pty Ltd T/A Strait Link Shipping advised the Commission it has no objection to this application.

  1. I am satisfied that the relevant requirements of the Act have been met and that the application should be granted.

  1. 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 AIMPE members employed by Strait Link Shipping Pty Ltd T/A Strait Link Shipping be extended by a further 30 days.

  1. This order will operate on and from 20 June 2023.


DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR763341>

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