[2020] FWC 3020
The attached document replaces the document previously issued with the above code on 27 October 2020.
Details: Correction to representatives named as appearing.
R James
Associate to Deputy President Beaumont
Dated 28 October 2020
| [2020] FWC 3020 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.505—Right of entry
Odyssey Marine Pty Ltd
v
Construction, Forestry, Maritime, Mining and Energy Union
(RE2020/150)
DEPUTY PRESIDENT BEAUMONT | PERTH, 27 OCTOBER 2020 |
Dispute under s 505 of the Fair Work Act 2009 (Cth) - Alleged dispute concerning entering an Odyssey marine or crewed vessel in the port of Port Hedland – whether dispute exists at all – whether suitable room or area exists pursuant to s 492(3).
[1] Over the course of a couple of days in February 2020, Mr O’Brien, an Organiser of the Construction, Forestry, Maritime, Mining and Energy Union (the Union), provided Odyssey Marine Pty Ltd (Odyssey) with right of entry notices to enter Odyssey owned or crewed vessels in the port of Port Hedland, Western Australia (Port), and at Odyssey’s yard at 15 Anderson Street, Port Hedland. The entries were for the purpose of holding discussions with members and potential members of the Union pursuant to s 484 of the Fair Work Act 2009 (Cth) (the Act).
[2] Odyssey operates a logistics and marine support services business servicing various commercial contracts of the Pilbara Ports Authority (the PPA) and other commercial users, primarily in the Port. 1 At the relevant time, it had 11 vessels operating at the Port, crewed by employees and labour hire workers.
[3] Odyssey said the discussions with the Union (under s 484) ought to be held in the crib room at its yard (which had moved to Lot 1431 Mackey Street, Port Hedland) (the Yard). The Yard is approximately a two minute drive from the Nelson Point Tug Pens, which is where all, bar two, of Odyssey’s vessels are berthed.
[4] Odyssey’s Mr Hedges, the company’s Marine Manager, gave evidence concerning the infrastructure and operations of the 11 vessels. The Union took no issue with Mr Hedges’ evidence concerning nine of the vessels, which, in short, did not have a room or area capable of satisfying the descriptions in ss 492(3)(a) and (b). However, with regards to the two remaining vessels, the Amplitude and the Puriya, there remained the issue of whether there was a room or area capable of satisfying the criteria set out in s 492(3) of the Act.
[5] Having made the application under s 505 of the Act to deal with a right of entry dispute, Odyssey submitted that, despite purported genuine efforts to do so, the parties were unable to agree the location for discussions.
[6] The Union, however, disagreed that there was a dispute between it and Odyssey over the application of s 492(3) of the Act (which details the location for holding interviews and discussions, and what to do if the permit holder and occupier cannot agree…
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