[2022] FWC 1186	

FAIR WORK COMMISSION	
DECISION	

Fair Work Act 2009 
s.437—Protected action
Australian Maritime Officers’ Union
Construction, Forestry, Maritime, Mining and Energy Union
v
Smit Lamnalco Towage (Australia) Pty Ltd
(B2022/437)
VICE PRESIDENT CATANZARITI	PERTH, 16 MAY 2022	
Proposed protected action ballot of employees of Smit Lamnalco Towage (Australia) Pty Ltd

[1]	This is an application by the Australian Maritime Officers’ Union and the Construction, Forestry, Maritime, Mining and Energy Union (Applicants) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Smit Lamnalco Towage (Australia) Pty Ltd (Respondent). 

[2]	On 16 May 2022, the Fair Work Commission was advised that the Respondent neither consented nor objected 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 statutory declarations of Christopher Claydon and Paul Gallagher of the Applicants declared on 12 May 2022, setting out the steps taken in bargaining with the Respondent and that they have been, and are, 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 PR741657.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR741658>