Maritime Union of Australia, The v PB Towage (Australia) Pty Ltd

[2014] FWC 5021

[2014] FWC 5021

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437 - Application for a protected action ballot order

Maritime Union of Australia, The
v
PB Towage (Australia) Pty Ltd
(B2014/991)

DEPUTY PRESIDENT BOOTH SYDNEY, 25 JULY 2014

Proposed protected action ballot of employees of PB Towage (Australia) Pty Ltd.

[1] Applications by The Maritime Union of Australia (“MUA”) and The Australian Maritime Officers Union (“AMOU”) were lodged on 18 and 22 July 2014 respectively, pursuant to s.437 of the Fair Work Act 2009 (“the Act”), for a protected action ballot order (“the Order”) in relation to certain employees of PB Towage (Australia) Pty Ltd (“PB Towage”).

[2] For convenience, and by agreement of the parties, the applications were heard concurrently by telephone before me on 24 July 2014.  The MUA was represented by Mr Paul Garrett, the AMOU was represented by Ms Meghann Papa and PB Towage was represented by Ms Amanda Mansini of the Australian Mines and Metals Association and Ms Nikki Carter of PB Towage.

[3] The MUA, AMOU and PB Towage held discussions during a short adjournment of the hearing and reached agreement on the form of an order and undertakings to be given by the MUA and AMOU.

[4] The undertakings made by the MUA and the AMOU are as follows:

1. The AMOU and the MUA undertake to not take industrial action in the Port of Townsville in the event that there is a legitimate maritime emergency, being such an emergency that is notified to the union by PB Towage.

2. The MUA and the AMOU undertake that for any ban or participation on the performance of job functions pursuant question 2, the MUA and the AMOU will, in giving notice under s.414 of the Act, identify which stop functions are intended to be banned or lifted.

[5] I am satisfied that the requirements in s.443(1) of the Act have been met and that, accordingly, an order must be made.

[6]  An order in relation to each application, based on the draft order provided by the parties, has been issued in conjunction with this decision.

DEPUTY PRESIDENT

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