Australian Maritime Officers' Union, The v Southern Ports Authority T/A Southern Ports

[2019] FWC 8098

[2019] FWC 8098

FAIR WORK COMMISSION

DECISION

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

Australian Maritime Officers’ Union, The
v
Southern Ports Authority T/A Southern Ports
(B2019/1358)

DEPUTY PRESIDENT ANDERSON ADELAIDE, 28 NOVEMBER 2019

Proposed protected action ballot of employees of Southern Ports Authority

[1] This is an application lodged on 27 November 2019 by the Australian Maritime Officers’ Union (AMOU or the Applicant) under section 437 of the Fair Work Act 2009 (the FW Act) for a protected action ballot order in relation to certain employees of Southern Ports Authority T/A Southern Ports (the Respondent).

[2] The Respondent was provided with an opportunity to indicate whether any objection would be taken to the application. No objection has been indicated.

[3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing.

[4] On the basis of the material before me, including the statutory declaration of Glenn Walsh of the AMOU lodged 27 November 2019, setting out the steps taken by it in bargaining with the Respondent and confirming 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 section 443(1) of the FW Act have been met.

[5] I am satisfied that there are exceptional circumstances justifying the period of written notice referred to in section 414(2)(b) of the FW Act being longer than three days, and note that Glenn Walsh has indicated the AMOU has no objection to this request. The Commission specifies five working days as the period of written notice for industrial action.

[6] I am also satisfied that the Applicant has given notice in accordance with section 440 of the FW Act.

[7] An order in conformity with the FW Act is being issued in conjunction with this decision. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR714695>

 1   PR714696