Construction, Forestry, Maritime, Mining and Energy Union v Brisbane Container Terminals Ltd (BCT) T/A Hutchison Ports Australia

[2023] FWC 1254

[2023] FWC 1254

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.739—Dispute resolution

Construction, Forestry, Maritime, Mining and Energy Union
v

Brisbane Container Terminals Ltd (BCT) T/A Hutchison Ports Australia

(C2022/2230)

VICE PRESIDENT ASBURY BRISBANE, 29 MAY 2023

Alleged dispute about any matters arising under the enterprise agreement and the NES; [s186(6)]

1. This Decision concerns an application made by the Maritime Union of Australia Division (MUA) of the Construction, Forestry, Maritime, Mining and Energy Union pursuant to s. 739 of the Fair Work Act 2009 for the Fair Work Commission (the Commission) to deal with a dispute under the dispute resolution procedure in Hutchison Ports Australia (HPA) and Maritime Union of Australia (MUA) Enterprise Agreement 2021 (the Agreement). The dispute is notified by the MUA on behalf of its member, Mr Diego Flaksbard. The Respondent is Brisbane Container Terminals Ltd (BCT) T/A Hutchison Ports Australia, Mr Flaksbard’s employer.

1. The agreed question for determination and my answer to that question are as follows:

Question:

“In the circumstances of this Application, in issuing the letter to Mr Diego Flaksbard, dated 16 May 2022 (and described as a “Letter of Warning”), did Brisbane Container Terminals Limited act “unfairly” (in whole or in part) towards Mr Diego Flaksbard as referred to in subclause 22.1 of the Hutchison Ports Australia (HPA) and Maritime Union of Australia (MUA) Enterprise Agreement 2021?”

Answer:

Yes.

1. Reasons for Decision will be issued separately.

VICE PRESIDENT

Appearances:

Mr K Bond of the Maritime Union of Australia Division of the Construction, Forestry, Maritime, Mining and Energy Union, the Applicant.
Mr P Brown of Baker & McKenzie, for the Respondent.

Hearing details:

2022.
Brisbane.
13, 14 September.

Final written submissions:

Applicant, 1 November 2022.
Respondent, 15 November 2022.

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