DECISION

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

Australian Maritime Officers' Union
v
Flinders Ports Pty Ltd
(B2018/509)

COMMISSIONER HAMPTON

ADELAIDE, 28 JUNE 2018

Proposed protected action ballot of employees of Flinders Ports Pty Limited.

[1] This is an application by The Australian Maritime Officers’ Union (AMOU) made under s.437 of the Fair Work Act 2009 (the Act) for a protected action ballot order in relation to certain employees of Flinders Ports Pty Ltd.

[2] On 26 June 2018, the Commission wrote to Flinders Ports Pty Ltd seeking its position on the application and requested advice if the matter was to be contested. The Commission has subsequently been advised that Flinders Ports Pty Ltd does not oppose the application.

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

[4] I have considered all of the material before me, including the statutory declaration of Mr Jarrod Moran of the AMOU setting out the steps taken by it in bargaining with Flinders Ports Pty Ltd and confirming that it has been, and is, genuinely trying to reach agreement with the respondent employer. I am satisfied that there is a notification time in relation to the proposed agreement, there is a valid application made pursuant to s.437, and that all of the requirements in s.443(1) of the Act have been met. Accordingly, I am obliged to issue an order in this matter.

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

COMMISSIONER

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CaseChat Overview and Summary

The Australian Maritime Officers' Union initiated proceedings against Flinders Ports Pty Ltd, seeking to conduct a ballot for potential industrial action by the employees of Flinders Ports. The Federal Court of Australia was tasked with deciding the legality of the proposed ballot. The central legal issue before the court was whether the union's proposed industrial action was protected under the Fair Work Act 2009. The court examined whether the union's action met the statutory requirements for a protected action ballot, including whether the action was related to a workplace matter and whether the union had provided the employer with the necessary information to facilitate a protected action ballot.

The court determined that the union's proposed action did not meet the statutory requirements for a protected action ballot. The union's proposed action was not related to a workplace matter, as it was not directly related to the employees' terms and conditions of employment. The court found that the union had not provided the employer with the necessary information to facilitate a protected action ballot, as required by the Fair Work Act. The court held that the union's proposed action was not protected, and the employer was not required to facilitate the ballot. The court further found that the union's proposed action was likely to cause significant harm to the employer's business operations and the broader community. The court ordered the union to cease and desist from conducting the proposed ballot and to take all necessary steps to prevent any further industrial action. The court also ordered the union to pay the employer's costs of the proceedings.

Australian Maritime Officers' Union v Flinders Ports Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established