Construction, Forestry, Maritime, Mining and Energy Union v DP World Brisbane Pty Ltd

[2023] FWC 311

[2023] FWC 311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.739—Dispute resolution

Construction, Forestry, Maritime, Mining and Energy Union

v

DP World Brisbane Pty Ltd

(C2021/5082)

DEPUTY PRESIDENT ASBURY BRISBANE, 6 FEBRUARY 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 of the Construction, Forestry, Maritime, Mining and Energy Union (the Union) pursuant to s. 739 of the Fair Work Act 2009 for the Fair Work Commission to deal with a dispute under the dispute resolution procedures in the DP World Brisbane Enterprise Agreement 2020 (the Enterprise Agreement). The Respondent to the dispute is DP World Brisbane Pty Ltd, the employer covered by the Enterprise Agreement.

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

Question:

Does clause 9 of the Enterprise Agreement permit employees to be represented by the Union in “one-on-one employee feedback sessions” when those sessions involve Operations Supervisors providing “employees with feedback in the areas of performance, attitude, communication and safety”?

Answer:

Yes.

1. Reasons for Decision will be issued separately.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR750258>