The Australian Institute of Marine and Power Engineers v Teekay Shipping (Australia) Pty Ltd

[2022] FWC 1734

[2022] FWC 1734

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Australian Institute of Marine and Power Engineers
v

Teekay Shipping (Australia) Pty Ltd

(B2022/646)

COMMISSIONER MCKINNON SYDNEY, 5 JULY 2022

Proposed protected action ballot of employees.

1. The Australian Institute of Marine and Power Engineers (AIMPE) and Teekay Shipping (Australia) Pty Ltd (Teekay) are bargaining for an enterprise agreement under the Fair Work Act 2009 (the Act). The proposed agreement will cover employees of Teekay who are Engineers on the vessel “Coral Knight”. The employees are currently covered by the Teekay Shipping (Australia) Pty Ltd AIMPE Coral Knight Enterprise Agreement 2017 which nominally expired on 16 November 2021. Employees of Teekay who will be covered by the proposed agreement are members of the AIMPE.

1. There is no dispute that the AIMPE is a bargaining representative for the proposed agreement and that there has been a notification time for the proposed agreement. 

1. The AIMPE seeks protected action ballot orders in relation to the proposed agreement. The application is not opposed by Teekay although it seeks amendments to the proposed form of orders to modify the ballot agent and the proposed notification period for industrial action.

1. Section 437 of the Act deals with when a bargaining representative can apply for a protected action ballot order. Section 443 requires the Commission to make a protected action ballot order if certain conditions are met. On the material before me, I am satisfied that:

1. there is a notification time in relation to the proposed agreement,

2. the application is made under section 437, and

3. the AIMPE has been, and is, genuinely trying to reach an agreement with Teekay.

1. It follows that a protected action ballot order must be made.

1. On the basis of the statutory declaration of Mr Michael Michael, Managing Director of Democratic Outcomes Pty Ltd trading as CiVS, dated 28 March 2022, I am satisfied that Democratic Outcomes Pty Ltd is a fit and proper person to conduct the ballot. Democratic Outcomes Pty Ltd trading as CiVS will be the protected action ballot agent for the ballot.

1. The notification period for the taking of industrial action will be 4 working days. This will allow sufficient time for those with responsibility for the ownership and operation of the vessel to liaise both internally, and with the Australian Maritime Safety Authority, to ensure the safe operation of the vessel during any proposed industrial action.

1. Order PR743358 will issue separately and will come into effect today.

COMMISSIONER

Appearances:

M Byrne on behalf of the AIMPE.
S Williams and G Hardie on behalf of Teekay Shipping (Australia) Pty Ltd.

Hearing details:

2022.
Sydney (video):
July 5.

Printed by authority of the Commonwealth Government Printer

<PR743382>