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

1 PR714696

CaseChat Overview and Summary

In the case of Australian Maritime Officers' Union, The v Southern Ports Authority T/A Southern Ports, the applicants, representing the employees of the Southern Ports Authority, sought to conduct a protected action ballot. The Southern Ports Authority opposed the ballot on the basis that it was not adequately prepared and did not sufficiently detail the proposed action. The dispute was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed ballot was adequately prepared in accordance with the relevant industrial relations legislation. The Commission had to determine if the ballot notice provided sufficient detail regarding the proposed action, including the nature, duration, and impact of the industrial action.

The Fair Work Commission found that the proposed ballot was not adequately prepared. The ballot notice did not sufficiently detail the proposed action, particularly in terms of its impact on operations and the potential duration of the industrial action. The Commission emphasised the importance of clear and comprehensive information in a ballot notice to ensure that employees are fully informed about the consequences of their proposed actions. As a result, the Commission rejected the application for the protected action ballot, ruling that it did not meet the legal requirements for adequacy.

Consequently, the applicants' request for the protected action ballot was dismissed. The Fair Work Commission's decision highlighted the necessity for detailed and precise ballot notices to ensure employees are adequately informed and can make an informed decision regarding protected action. The court's ruling underscored the importance of compliance with industrial relations laws to facilitate lawful and informed industrial action.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established