The Australian Maritime Officers' Union v Port Kembla Port Corporation
[2012] FWA 9252
•29 OCTOBER 2012
[2012] FWA 9252 |
|
DECISION |
Fair Work Act 2009
s.437—Protected action
The Australian Maritime Officers’ Union
v
Port Kembla Port Corporation
(B2012/1033)
DEPUTY PRESIDENT BOOTH | SYDNEY, 29 OCTOBER 2012 |
Proposed protected action ballot by employees of Port Kembla Port Corporation.
[1] This is an application pursuant to s.437 of the Fair Work Act 2009 (the Act) by The Australian Maritime Officers’ Union (AMOU) for a protected action ballot order in relation to certain employees of Port Kembla Port Corporation (the Respondent).
[2] My associate was advised by Mr Dom Figliomeni, Chief Executive Officer, that the Respondent would not advance any opposition to an order being made.
[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing.
[4] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, an order must be made. An order based on the draft order provided by the AMOU has issued in conjunction with the decision.
[5] I would like to take the opportunity of reminding the parties of s.240 of the Act, which provides bargaining representatives with the opportunity to apply for FWA to deal with a dispute about the Agreement. In effect, s.240 of the Act provides the parties with the opportunity of a preliminary step (a member of FWA facilitating the parties negotiations) before taking industrial action, which should always be a last resort in enterprise bargaining.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<Price code A, PR530812>
0
0
0