Construction, Forestry, Maritime, Mining and Energy Union v Svitzer Australia Pty Ltd

[2020] FWC 4581

[2020] FWC 4581

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Construction, Forestry, Maritime, Mining and Energy Union
v
Svitzer Australia Pty Ltd
(B2020/442)

DEPUTY PRESIDENT BOOTH SYDNEY, 28 AUGUST 2020

Proposed protected action ballot of employees of Svitzer Australia Pty Ltd.

[1] Further to the ex tempore decision I delivered in this matter on Thursday, 27 August 2020, the following undertakings have been given by the Applicant:

•  The MUA Division of the Construction, Forestry, Maritime, Mining and Energy Union undertakes not to take industrial action in the respective port in the event that there is a legitimate maritime emergency, being such an emergency that is notified to the union by Svitzer Australia Pty Ltd.

•  The MUA Division of the Construction, Forestry, Maritime, Mining and Energy Union undertakes to nominate the particular port/s where industrial action is intended to be taken at the time that the industrial action is notified.

[2] As stated in the ex tempore decision, I am satisfied that the requirements of s.443(1) of the Fair Work Act 2009 have been met and, accordingly, an Order has been issued in conjunction with this decision in PR722196.

DEPUTY PRESIDENT

Appearances:

W Carr for the Applicant.

I Humphreys for the Respondent.

Hearing details:

Sydney, by video.

2020

27 August.

Printed by authority of the Commonwealth Government Printer

<PR722257>