National Maritime Services Pty Ltd v Maritime Union of Australia, The

[2016] FWC 5705

[2016] FWC 5705

FAIR WORK COMMISSION

RECOMMENDATION

Fair Work Act 2009
s.739—Dispute resolution

National Maritime Services Pty Ltd
v
Maritime Union of Australia, The
(C2016/915)

DEPUTY PRESIDENT BOOTH SYDNEY, 12 AUGUST 2016

Recommendation

[1] That National Maritime Services Pty Ltd (NMS) provide the following information in writing to the Maritime Union of Australia (MUA) by close of business, Wednesday 17 August 2016:

i. The selection criteria developed by NMS to be applied to the workforce at Kurnell in selecting employees for redundancy and the list of employees who would be redundant if that criteria were to be applied.

ii. The start date of all current employees covered by the National Maritime Services Launch and Mooring Operations – Kurnell Enterprise Agreement 2012.

iii. The modeling that has been done by NMS of the deployment of the remaining seven (7) permanent employees performing the expected prospective workload for Kurnell and any casual employees who would be needed to complement the permanent workforce.

iv. Any “yard rules” or instructions for implementing the changes arising from iii above.

v. The actual level of remuneration for all positions that will exist following the proposed change.

vi. All relevant information on any other matters likely to affect employees regarding the proposed change.

[2] That the MUA respond to NMS by close of business Tuesday 23 August 2016, noting that the matter is listed for further conference before the Commission at 9:00am Wednesday 24 August 2016 before Deputy President Booth by video conference from Melbourne.

[3] That NMS not implement any redundancies or any other major change whilst the Commission proceedings are underway.

DEPUTY PRESIDENT

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