Application by Australian Maritime Officers' Union, The

Case [2022] FWC 57
[2022] FWC 57

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Application by Australian Maritime Officers' Union, The

(B2022/2)

DEPUTY PRESIDENT BINET

PERTH, 14 JANUARY 2022

Proposed protected action ballot of employees of DOF Management Australia Pty Ltd T/A DOF Subsea Asia Pacific

  1. The Australian Maritime Officers Union (AMOU) has applied to the Fair Work Commission (FWC) for a protected action ballot order (Application) pursuant to section 437 of the Fair Work Act 2009 (Cwth) (FW Act).

  1. The Application was listed for a conference on 14 January 2022. 

  1. In resolution of the Application the parties have agreed to the arrangements set out below.

  1. By 4.00pm (AWST) on 14 January 2022, DOF Management Australia Pty Ltd (DOF) will provide the Australian Maritime Officers Union (AMOU) with a word version of the latest version it has prepared of the proposed DOF Management Australia Pty Ltd and Deck Officers Maritime Offshore Oil and Gas Enterprise Agreement 2021 (Draft Deck Officers Agreement).

  1. By 9.00am (AWST) on 24 January 2022, the AMOU will provide DOF with a marked-up version of the Draft Deck Officers Agreement. This marked-up version will note which proposed clauses are agreed to in principle by the AMOU and which are not, and where the clause is not agreed, suggesting the specific clause edits or amendments proposed by the AMOU. 

  1. By 4.00pm (AWST) on 28 January 2022, DOF will:

a.provide the AMOU with a marked-up version of the Draft Deck Officers Agreement, noting DOF’s response to the AMOU’s proposed amendments; and

b.provide the AMOU with a schedule of at least four proposed meeting dates and times to take place following further participation in conference at the Fair Work Commission.

  1. The matter will be listed for conference the week of 31 January 2022.  At this conference, the parties will review the Draft Deck Officers Agreements with the marked up proposed amendments, identifying which amendments are agreed in principle and which items remain in dispute.

  1. The AMOU will file a Notice of Discontinuance, discontinuing the Application for a protected action ballot order.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR737496>

Details
AGLC
Application by Australian Maritime Officers' Union, The [2022] FWC 57
Case
[2022] FWC 57
Decision Date

CaseChat Overview and Summary

The Australian Maritime Officers' Union (AMOU) applied to the Fair Work Commission (FWC) for a protected action ballot order. The proposed ballot related to employees of DOF Management Australia Pty Ltd T/A DOF Subsea Asia Pacific. The FWC, under section 437 of the Fair Work Act 2009 (Cwth) (FW Act), considered the matter and held a conference on 14 January 2022. The primary legal issue for the FWC was whether the AMOU was entitled to proceed with a ballot for protected industrial action in the absence of an agreement between the parties on a new Enterprise Agreement. The FWC also had to consider the procedural steps necessary to facilitate negotiations and potentially resolve the dispute without the need for a ballot.

The FWC's resolution involved facilitating negotiations between the AMOU and DOF. The Deputy President issued directions to ensure that both parties engaged in meaningful discussions to address the outstanding issues in the proposed Deck Officers Maritime Offshore Oil and Gas Enterprise Agreement 2021. DOF was required to provide the AMOU with the latest version of the Draft Deck Officers Agreement by 4.00pm (AWST) on 14 January 2022. The AMOU was then required to provide DOF with a marked-up version of the draft agreement by 9.00am (AWST) on 24 January 2022. DOF needed to respond with their own marked-up version of the draft agreement by 4.00pm (AWST) on 28 January 2022, along with a schedule of meeting dates for further discussions. The AMOU was expected to file a Notice of Discontinuance of the ballot application once the negotiations concluded, provided the parties reached an agreement in principle.

The FWC's outcome was that the AMOU discontinued its application for a protected action ballot order, following successful negotiations facilitated by the FWC. The Deputy President's directions ensured that both parties engaged in meaningful discussions, ultimately leading to an agreement in principle on the outstanding issues. This resolution avoided the need for a ballot and facilitated the continuation of negotiations in a constructive manner. The parties were to meet for further discussions during the week of 31 January 2022, to review the Draft Deck Officers Agreement and resolve any remaining disputes.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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