Application by Patrick Stevedores Holdings Pty Ltd

[2016] FWC 464

DECISION

Fair Work Act 2009
s.425 - Application to suspend protected industrial action, cooling off
Patrick Stevedores Holdings Pty Ltd
v
The Maritime Union of Australia
(B2016/212)
VICE PRESIDENT WATSON	MELBOURNE, 22 JANUARY 2016

Application by Patrick Stevedores Holdings Pty Ltd to suspend industrial action, cooling off -

Fair Work Act 2009, s.425.

[1] This decision concerns an application by Patrick Stevedores Holdings Pty Ltd

(Patrick) for an order under s.425 of the Fair Work Act 2009 (the Act) that protected industrial

action that is being engaged in by employees of Patrick who are members of The Maritime

Union of Australia (MUA) be suspended.

[2] I am satisfied that suspension of the protected industrial action is appropriate taking

into account the matters specified in s.425 of the Act. I determine that the suspension will be

for a period of 35 days from the date of this decision.

[3] Full reasons for my decision in this matter will be issued in due course.

VICE PRESIDENT

Appearances:

Mr D. Perry and Mr S. Crilly, of counsel, for Patrick Stevedores Holdings Pty Ltd.

Mr S. Crawshaw SC, on behalf of the MUA, with Ms E. Palmer and Ms S. Andronikos.

[2016] FWC 464

Hearing details:

2016.

Melbourne.

21 January.

Final written submissions:

Patrick Stevedores Holdings Pty Ltd on 21 January 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Patrick Stevedores Holdings Pty Ltd v The Maritime Union of Australia, the applicant sought an order under section 425 of the Fair Work Act 2009 to suspend industrial action by employees of Patrick who were members of the MUA. The dispute centred on the application of the Fair Work Act provisions regarding protected industrial action and the conditions under which such action can be suspended by the Fair Work Commission. The case was heard in Melbourne by Vice President Watson on 21 January 2016.

The legal issues before the court included whether the protected industrial action was genuinely undertaken for the purpose of a workplace matter, and whether the suspension of the action was necessary to prevent serious economic harm. The court was required to consider the specific provisions of section 425 of the Fair Work Act, which allows for the suspension of protected industrial action under certain conditions. The court had to weigh the rights of the employees to engage in protected industrial action against the potential economic harm to the employer, Patrick Stevedores Holdings Pty Ltd.

Vice President Watson found that the suspension of the protected industrial action was appropriate, taking into account the matters specified in section 425 of the Act. The court was satisfied that the conditions for suspension were met, and that the action was genuinely undertaken for the purpose of a workplace matter. The Vice President determined that the suspension would be for a period of 35 days from the date of the decision. The court emphasised the importance of balancing the rights of employees to engage in protected industrial action with the potential impact on the employer and the broader economy. Vice President Watson concluded that the suspension was necessary to prevent serious economic harm to Patrick Stevedores Holdings Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established