The Maritime Union of Australia division of the Construction Forestry Maritime Mining and Energy Union v Australian Port Services Pty Ltd T/A Ausport Marine

[2020] FWC 5602

[2020] FWC 5602

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Application for a protected action ballot order

The Maritime Union of Australia division of the Construction Forestry Maritime Mining and Energy Union
v
Australian Port Services Pty Ltd T/A Ausport Marine
(B2020/650)

DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 22 OCTOBER 2020

Proposed protected action ballot of employees of Australian Port Services Pty Ltd t/as Ausport Marine who are mooring employees or supervisors.

[1] This is an application by the Maritime Union of Australia division of the Construction Forestry Maritime Mining and Energy 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 Australian Port Services Pty Ltd T/A Ausport Marine (Respondent).

[2] On 21 October 2020, my Associate was advised that the Respondent did not object to the application.

[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 Mr R J Lumsden 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] An order has been separately issued in PR723718.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR723717>