Australian Institute of Marine and Power Engineers v Smit Lamnalco Towage (Australia) Pty Ltd

[2025] FWC 359

[2025] FWC 359

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Australian Institute of Marine and Power Engineers
v

Smit Lamnalco Towage (Australia) Pty Ltd

(B2025/221)

DEPUTY PRESIDENT HAMPTON ADELAIDE, 7 FEBRUARY 2025

Proposed protected action ballot of employees of Smit Lamnalco Towage (Australia) Pty Ltd

1. This is an application by the Australian Institute of Marine and Power Engineers (AIMPE or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Smit Lamnalco Towage (Australia) Pty Ltd (Smit Lamnalco or Employer).

1. On 7 February 2025, the Commission was advised that the Employer, in effect, did not object to the Application as amended following discussions between the parties. The parties communicated a consent position which included an agreement to include an understanding around safety commitments to be included in the ballot questions set out in the order. Accordingly, I have decided that the matter will be determined on the papers without the need for a hearing.

1. On the basis of the material before me, including the declaration of Sam Littlewood, Senior National Organiser, setting out the steps taken by the AIMPE in bargaining with the Employer and that it has been, and is, genuinely trying to reach agreement with Smit Lamnalco, I am satisfied that there is a notification time in relation to the proposed agreement and that all of  the requirements in s.443(1) of the Act have been met.

1. The ballot is to be conducted by Fair Vote Services Pty Ltd (Fair Vote). Fair Vote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.

1. For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 21 February 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

1. An Order has been separately issued in PR784139.

1. This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

DEPUTY PRESIDENT

[1] This is, in effect, 10 calendar days from anticipated commencement of the ballot and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

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