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

[2023] FWC 882

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Australian Institute of Marine and Power Engineers, The
v

Strait Link Shipping Pty Ltd T/A Strait Link Shipping

(B2023/341)

DEPUTY PRESIDENT CLANCY

ADELAIDE, 14 APRIL 2023

Proposed protected action ballot of employees of Strait Link Shipping Pty Ltd

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 Strait Link Shipping Pty Ltd (Respondent).

On 14 April 2023 my Associate was advised that the Respondent did not object to the application.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

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.

An order has been separately issued in PR761091.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Institute of Marine and Power Engineers (Applicant) sought a protected action ballot order in relation to certain employees of Strait Link Shipping Pty Ltd (Respondent). The application was made under section 437 of the Fair Work Act 2009. The matter was heard by Deputy President Clancy of the Fair Work Commission on 14 April 2023. The Respondent did not object to the application, leading to the decision being made on the papers without a hearing.

The legal issues involved whether the notification time for the proposed agreement was valid and whether the requirements of section 443(1) of the Fair Work Act had been met. The Applicant's declaration, provided by Mr Nathan Niven, detailed the bargaining efforts and the genuine attempts to reach an agreement with the Respondent.

Upon reviewing the material, Deputy President Clancy determined that the notification time was appropriate and that the statutory requirements were satisfied. Consequently, the court issued an order in PR761091, approving the protected action ballot as requested by the Applicant. This decision confirms the procedural correctness of the Applicant's actions and the validity of the proposed ballot.

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