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

[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

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.

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.

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.”

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.

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

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

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.

This order will operate on and from 20 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Institute of Marine and Power Engineers (AIMPE) sought an extension of the 30-day period for protected industrial action under the Fair Work Act 2009, as authorised by a protected action ballot. The application was made against Strait Link Shipping Pty Ltd, trading as Strait Link Shipping, and the decision was rendered by the Fair Work Commission. AIMPE's application was pursuant to section 459(3) of the Act, which allows for an extension of the 30-day period if certain conditions are met. AIMPE argued that all conditions had been satisfied, and that the period should be extended by an additional 30 days. Strait Link Shipping did not object to the application.

The legal issues before the court were whether the conditions for an extension under section 459(3) of the Act had been fulfilled and whether the application should be granted. The court examined the application and the relevant conditions, including whether the applicant for the protected action ballot order had applied for the extension and whether the period had not previously been extended. The court also considered the absence of objection from Strait Link Shipping.

The Fair Work Commission found that the conditions for an extension had been met, and that the application should be granted. The Deputy President concluded that the requirements of the Act had been satisfied, and that the 30-day period should be extended by a further 30 days. The order was made effective from 20 June 2023, extending the authorised period for protected industrial action for eligible AIMPE members employed by Strait Link Shipping.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established