Australian Maritime Officers' Union v Flinders Ports Pty Ltd

[2018] FWC 3812

[2018] FWC 3812

FAIR WORK COMMISSION

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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