Australian Institute of Marine and Power Engineers and Australian Maritime Officers' Union v Smit Lamnalco Towage (Australia) Pty Ltd
Deputy President Hampton
Not yet cited by other cases
Applicant: Australian Institute of Marine and Power Engineers and Australian Maritime Officers' Union
Respondent: Smit Lamnalco Towage (Australia) Pty Ltd
Ratio
Section 459(3) of the Fair Work Act permits the FWC to extend the 30-day period for protected industrial action by up to 30 days where an applicant for the protected action ballot order applies and the period has not previously been extended. The statutory requirements were met and the employer did not object, warranting extension of the 30-day periods by a further 30 days in each case.
Outcome
For applicant
granted
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.0
Derived from how later decisions have treated this case. Dark green = leading authority,
green = positively treated, grey = neutral or sparse data,
amber = caution, red = treated negatively.
Key facts · 4
- Protected action ballots PR782435 and PR782438 were declared on 6 January 2025 and 7 January 2025 respectively
- Applications made by Australian Institute of Marine and Power Engineers and Australian Maritime Officers' Union to extend the 30-day period for protected industrial action
- Smit Lamnalco Towage (Australia) Pty Ltd (employer) had no objection to the applications
- This was a joint application between two unions, requiring waiver of compliance with Fair Work Commission Rules 2024
Factors
For
- Statutory requirements of s459(3) were satisfied: application made by applicant for protected action ballot order
- The 30-day period had not previously been extended
- Employer did not object to the extension applications
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s459(3)
Concept tags · 2
Archived text (394 words)
1 Fair Work Act 2009 s.459 - Application to extend the 30 day period in which industrial action is authorised by protected action ballot Australian Institute of Marine and Power Engineers & Australian Maritime Officers' Union v Smit Lamnalco Towage (Australia) Pty Ltd (B2025/165) DEPUTY PRESIDENT HAMPTON ADELAIDE, 29 JANUARY 2025 Applications to extend the 30 day period in relation to B2024/1634 and B2024/1636. [1] This matter concerns the declarations of the results of protected action ballots PR782435 held in matter B2024/1634 and PR782438 held in matter B2024/1636 declared on 6 January 2025 and 7 January 2025 respectively. [2] The Australian Institute of Marine and Power Engineers and The Australian Maritime Officers' Union have each made application pursuant to s.459(3) of the Fair Work Act 2009 (Act) to extend the 30 day periods in which industrial action is authorised by the relevant protected action ballots. To the extent that this involves a joint application that is not contemplated by the Fair Work Commission Rules 2024, I have waived compliance with those rules. [3] Section 459(3) of the Act provides as follows: “(3) The FWC may extend the 30-day period referred to in subparagraph (1)(d)(i) by up to 30 days if: (a) an applicant for the protected action ballot order applies to the FWC for the period to be extended; and (b) the period has not previously been extended.” [4] The application contends that each of the relevant requirements have been met and that the periods in each case should be extended by a further 30 days. [5] Smit Lamnalco Towage (Australia) Pty Ltd (Employer) has advised the Commission it has no objection to the applications. [6] I am satisfied that the relevant requirements of the Act have been met and that the applications should be granted. [2025] FWC 246 DECISION [2025] FWC 246 2 [7] Accordingly, pursuant to section 459(3) of the Act, I order that the 30 day periods for the commencement of protected industrial action for eligible employees who were subject to the ballots and are employed by the Employer be extended by a further 30 days in each case. [8] This order will operate on and from 4 February 2025 for the employees who were subject to PR782435 and 5 February 2025 for the employees who were subject to PR782438. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR783711>