ENTERPRISE BARGAINING – protected action ballot – extension of notice period – s.437 Fair Work Act 2009 – application by Maritime Union of Australia (MUA) for protected action ballot order concerning employees of MMA Offshore Vessel Operations P/L (MMA) – application opposed by MMA – MMA submitted application not validly made as there was no notification period under s.437(2A) FW Act – MMA submitted notification period related to bargaining for enterprise agreements different in scope to current application – Maersk considered – Commission satisfied scope of proposed MUA agreement a subset of MMA’s proposed scope – MMA submitted that MUA contravened interim orders of Cloghan C and was therefore unable to take protected industrial action in support of proposed agreement – Commission not satisfied matter has a bearing on validity of application – MMA submitted Commission could not be satisfied MUA had genuinely tried to reach agreement – Commission acknowledged negotiations long and tortuous but in all circumstances Commission satisfied MUA genuinely trying to reach agreement – MMA submitted that, if Commission were to grant application, notice period should be extended – witness evidence led – witness not cross-examined – Commission satisfied exceptional circumstances justify longer notice period – objections of MMA as to making of order rejected – notice period extended to seven calendar days – protected action ballot order made. Maritime Union of Australia, The v MMA Offshore Vessel Operations P/L
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