Maritime Union of Australia, the Sydney Branch v Sydney International Container Terminals Pty Ltd and Brisbane Container Terminals Pty Ltd T/A Hutchisons Ports Australia

[2015] FWC 7897

[2015] FWC 7897

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.739 - Application to deal with a dispute

Maritime Union of Australia, The - Sydney Branch
v
Sydney International Container Terminals Pty Ltd and Brisbane Container Terminals Pty Ltd T/A Hutchisons Ports Australia
(C2015/5034)

DEPUTY PRESIDENT BOOTH SYDNEY, 18 NOVEMBER 2015

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

[1] On 12 October 2015 I issued a Statement containing a progress report on the parties’ conciliation process to date.

[2] In that Statement I reported that on 8 October 2015 an ‘in principle agreement’ was reached between HPA and the MUA that incorporated a commitment to negotiate and make a new Enterprise Agreement by 16 November 2015 and to an Enhanced Voluntary Redundancy Arrangement (EVRA) to be offered to the whole of the workforce.

[3] I am pleased to report that those commitments have been met.

[4] On 16 November employees of Sydney International Container terminals Pty Ltd and Brisbane Container Terminals Pty Ltd voted by 147 to 1 to support a new Enterprise Agreement that the parties believe will better position the company for future sustainability in Australia.

[5] The parties have also reported that 36 employees in Sydney and 36 employees in Brisbane have submitted expressions of interest to participate in the EVRA. The parties believe that this will provide a viable workforce size for the immediate period with the opportunity to increase the workforce size as necessary through the availability of employees from amongst those participating in the EVRA who choose to join the company as casual employees.

[6] The parties have entered into an agreement that arises out of and evidences the resolution of the s. 739 dispute (C2015/5034). The agreement is confidential pursuant to section 594 of the Act. Whilst it is recognised that the agreement is not part of the enterprise agreement it has its own legal effect and it will aid in the interpretation and application of the terms of the new enterprise agreement.

[7] The parties agree that the Elected Representative Committees in Sydney and Brisbane will meet pursuant to clause 6.14 of the new enterprise agreement in late January 2016. The parties will attend the Commission in early February 2016 for a conference to discuss, among other things, the progress being made in the business including container throughput and any implications arising.

[8] The parties have come a long way since the Commission began hearing the dispute on 6 August 2015. I congratulate them for their patience, perseverance and for taking the long view. The parties are now committed to working together for the future wellbeing of the workforce and prosperity of the business with the continuing support of the Commission under the Fair Work Commission’s New Approaches to Cooperative and Productive Workplaces program. Quite an achievement.

DEPUTY PRESIDENT

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