The Australian Maritime Officers' Union v Smit Lamnalco Towage (Australia) Pty Ltd

[2021] FWC 6207

[2021] FWC 6207

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.459—Protected action

The Australian Maritime Officers’ Union
v
Smit Lamnalco Towage (Australia) Pty Ltd
(B2021/1026)

VICE PRESIDENT CATANZARITI SYDNEY, 26 OCTOBER 2021

Application to extend the 30 day period in relation to B2021/636

[1] On 21 October 2021, the Australian Maritime Officers’ Union (Applicant) made an application to the Fair Work Commission (the Commission) pursuant to s. 459(3) of the Fair Work Act 2009 (Cth) (the Act) to extend the 30 day period for protected action authorised by a protected action ballot order, PR732676 made on 10 August 2021 and varied on 8 September 2021 [PR733715]. The Order applies to certain employees of Smit Lamnalco Towage (Australia) Pty Ltd (the Respondent).

[2] The ballot result, by which a majority of the relevant employees endorsed the proposed forms of protected industrial action, was declared on 1 October 2021. Pursuant to s. 459(1)(d)(i) of the Act, the 30 day period for protected action commenced on the date of the declaration of the results of the ballot and therefore expires at midnight on 30 October 2021.

[3] On 22 October 2021, the Respondent advised the Commission via email that it neither consents nor objects to the Australian Maritime Officers’ Union’s application to extend the 30 day period for protected industrial action. Accordingly, I have determined the matter on the basis of the documentation filed.

[4] In addressing s.459(3) of the Act, this application is made by the Australian Maritime Officers’ Union who is the Applicant for which the protected action ballot order was issued. Furthermore, the period specified in s.459(1)(d)(i) has not been previously extended.

[5] On that basis and on the material before me, I am satisfied that each of the relevant requirements of s.459 of the Act have been met and that a 30 day extension is appropriate. As the 30 day period expires at midnight on 30 October 2021, the extension period will operate from 30 October 2021.

[6] An order has been separately issued in PR735245.

VICE PRESIDENT

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