Australian Institute of Marine and Power Engineers, The v Svitzer Australia Pty Limited

[2013] FWC 2923

[2013] FWC 2923

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Australian Institute of Marine and Power Engineers, The
v
Svitzer Australia Pty Limited
(B2013/109)

Maritime industry
COMMISSIONER BOOTH	BRISBANE, 10 MAY 2013

Proposed protected action ballot by employees of Svitzer Australia Pty Ltd .

[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by The Australian Institute of Marine and Power Engineers (The Applicant). The Applicant seeks a protected action ballot order in relation to certain employees of Svitzer Australia Pty Limited (the Respondent).

[2] The Applicant has filed their submission in line with the Directions. The Respondent has provided correspondence received on 9 May 2013 advising that it does not object to the application, and the respondent does not contest the order in the terms sought by the Applicant.

[3] However the Respondent reserves its rights in relation to responding to the material provided in support of the application by the Applicant.

[4] In the circumstances I have decided to determine the matter on the papers as I am satisfied it is not necessary to hold a hearing.

[5] I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order [PR536508] based on the draft provided by the Applicant will issue at the same time as this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AE881850  PR536507>