The Australian Maritime Officers' Union v Victoria International Container Terminals Limited T/A Victoria International Container Terminals (Vict)

[2020] FWC 7092

[2020] FWC 7092

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

The Australian Maritime Officers’ Union
v
Victoria International Container Terminals Limited T/A Victoria International Container Terminals (VICT)
(B2020/867)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 30 DECEMBER 2020

Proposed protected action ballot of employees of Victoria International Container Terminals Limited T/A Victoria International Container Terminals (VICT).

[1] This is an application by The Australian Maritime Officers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Victoria International Container Terminals Limited T/A Victoria International Container Terminals (Respondent).

[2] On 23 December 2020, my Associate was advised that the Respondent sought an extended notice period of intended industrial action of five working days. The Respondent indicated that the Applicant had agreed that the extended notice period sought was justified and had further agreed to remove three questions from the application. On the same day, the Applicant wrote to my Associate confirming the parties’ agreed position.

[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 declaration of Jarrod Moran of the Applicant 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] The Applicant and Respondent agree that the period of written notice referred to in s.414(2)(a) of the Act should be longer than 3 working days. On 24 December 2020, the Respondent provided material directed to the circumstances that are said to justify a longer period. I am satisfied the material discloses exceptional circumstances and that those circumstances justify a longer notice period. There are no grounds of which I am aware which would cause me not to exercise my discretion given my finding. The parties have agreed on an extended notice period of five working days for the proposed industrial action identified by the Order. Based on this, I am satisfied and exercise my discretion under s.443(5) to extend the notice period accordingly.

[6] An order has been separately issued in PR725894.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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