The Australian Institute of Marine and Power Engineers v Transdev Sydney Ferries Pty Ltd

[2022] FWC 2335

[2022] FWC 2335

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

The Australian Institute of Marine and Power Engineers
v

Transdev Sydney Ferries Pty Ltd

(B2022/1295)

VICE PRESIDENT CATANZARITI SYDNEY, 2 SEPTEMBER 2022

Proposed protected action ballot of employees of Transdev Sydney Ferries Pty Ltd

1. This is an application by 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 Transdev Sydney Ferries Pty Ltd (Respondent).

1. The Respondent did not oppose the application.

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

1. On the basis of the material before me, including the statutory declaration of Sam Littlewood of the Applicant declared on 29 August 2022, 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.

1. An Order has been separately issued in PR745442.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR745443>