DP World Sydney Limited v Construction, Forestry, Maritime, Mining and Energy Union

[2019] FWC 2250

[2019] FWC 2250

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.418—Industrial action

DP World Sydney Limited
v
Construction, Forestry, Maritime, Mining and Energy Union
(C2019/1996)

DEPUTY PRESIDENT BOOTH SYDNEY, 3 APRIL 2019

[1] On Wednesday 3 April 2019 DP World Sydney Limited (DP World) and the Construction, Forestry, Maritime, Mining and Energy Union (MUA Division) (CFMMEU) attended the Fair Work Commission (Commission) for a listing in this matter.

[2] This application was lodged on Wednesday 27 March 2019 and was part heard on Thursday 28 March 2019 when an Interim Order was issued.

[3] This application arises amid enterprise bargaining between DP World and the CFMMEU to replace the DP World Sydney Enterprise Agreement 2015, the DP World Brisbane Enterprise Agreement 2016, DP World Melbourne Enterprise Agreement 2016, DP World Fremantle Enterprise Agreements 2015 (Agreements). The parties agree that cooperative and constructive bargaining is the foundation for achieving the sustainability of DP World’s business and the living standards of DP World employees.

[4] In private conference before me today, the parties have agreed the following:

1. The parties will resume bargaining for a twelve-week period (12-Week Period).

2. The parties will cease any and all industrial action.

3. DP World will continue to prioritise the allocation of VSEs who have an hours debit. It is acknowledged that the CFMMEU may continue the dispute in relation to the VSE payment.

4. The parties agree that the Introduction of Change processes in Fremantle and Melbourne will continue but a unilateral decision by DP World will not occur before the end of the 12-Week Period other than by agreement. This means forced redundancies will not be enacted within the 12-Week Period, if they are at all necessary. Voluntary Redundancies may occur after the processes within the Agreements have been adhered to with respect to consultation and potential mitigation of redundancies as identified within the Introduction of Change and Redundancy clauses in the Agreements. DP World agrees to discuss any issues concerning the Introduction of Change referred to above in enterprise bargaining.

5. The Income Protection Policy will be extended for the 12-Week Period.

6. The parties will table and discuss their respective Part B logs of claims at Part A meetings. A timetable of Part A & B meetings will be scheduled for the 12-Week Period.

7. DP World will discontinue this application. It is acknowledged that, should productivity performance warrant it, DP World will lodge a new s.418 application and will rely upon the historical data submitted as evidence in this application, as well as any new relevant data.

8. The parties will report back to the Commission on 2 May 2019. This report back will include a review of the productivity performance of DP World in the intervening period and the progress being made in enterprise bargaining.

9. The parties agree to adopt a neutral media stance during the 12-Week Period. Warren Smith is the spokesperson for the MUA. Andrew Adam is the spokesperson for DP World.

[5] I will convene a report back meeting at the Commission, 10/80 William St, East Sydney, at 10am AEST on 2 May 2019.

DEPUTY PRESIDENT

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