The Australian Institute of Marine and Power Engineers v Smit Lamnalco Towage (Australia) Pty Ltd

[2020] FWC 7106

[2020] FWC 7106

FAIR WORK COMMISSION

DECISION

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

The Australian Institute of Marine and Power Engineers
v
Smit Lamnalco Towage (Australia) Pty Ltd
(B2020/870)

VICE PRESIDENT CATANZARITI SYDNEY, 31 DECEMBER 2020

Proposed protected action ballot of employees of Smit Lamnalco Towage (Australia) Pty Ltd.

[1] This is an application by the The Australian Institute of Marine and Power Engineers (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Smit Lamnalco Towage (Australia) Pty Ltd (Respondent).

[2] On 30 December 2020, the Fair Work Commission was advised that the Respondent did not oppose the application.

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

[4] On the basis of the material before me, including the statutory declaration of Gregory Yates of the Applicant declared on 24 December 2020, 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.

[5] An Order has been separately issued in PR725914.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

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