Australian Institute of Marine & Power Engineers v SeaRoad Shipping Pty Ltd

[2019] FWC 4794

[2019] FWC 4794

FAIR WORK COMMISSION

DECISION

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

Australian Institute of Marine & Power Engineers
v
SeaRoad Shipping Pty Ltd
(B2019/529)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 11 JULY 2019

Proposed protected action ballot of employees of SeaRoad Shipping Pty Ltd.

[1] This is an application by the National Union of Workers (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of SeaRoad Shipping Pty Ltd (Respondent).

[2] The Respondent objects on a number of grounds including that the Respondent had been bargaining in good faith, that their industrial negotiator is on parental leave, and that the proposed action would have a significant financial impact on the Respondent.

[3] For the reasons set out in the transcript of proceedings dated 11 June 2019 and on the basis of the material before me, including the statutory declaration of Mr N 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.

[4] An order has been separately issued in PR710184.

DEPUTY PRESIDENT

Appearances:

Mr N Niven for the Applicant

Mr M Galloway for the Respondent

Hearing details:

2019

Melbourne

11 June

Printed by authority of the Commonwealth Government Printer

<PR710183>