Noorton Pty Ltd T/A Manly Fast Ferry v Construction, Forestry, Maritime, Mining and Energy Union

[2019] FWC 2503

[2019] FWC 2503

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.240—Bargaining dispute

Noorton Pty Ltd T/A Manly Fast Ferry
v
Construction, Forestry, Maritime, Mining and Energy Union
(B2019/298)

DEPUTY PRESIDENT BOOTH SYDNEY, 11 APRIL 2019

[1] Noorton Pty Ltd T/A Manly Fast Ferries (Noorton) and the Construction, Forestry, Maritime, Mining and Energy Union (MUA Division) (CFMMEU) attended the Fair Work Commission (Commission) for a listing in this matter today.

[2] On 9 April 2019 Noorton made an application pursuant to s.418 of the Fair Work Act 2009 which was listed for hearing today.

[3] These applications arise in the context of longstanding enterprise bargaining between the parties that has been the subject of legal proceedings.

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

1. Noorton will discontinue the application AG2017/3080, a matter currently before Deputy President Sams.

2. The parties will commence bargaining for a new proposed enterprise agreement with a four-year term that will cover Masters, Coxswains, General Purpose Hands and Hosts employed by Noorton.

3. Noorton will issue a new Notice of Employee Representational Rights in relation to the new proposed enterprise agreement.

4. Negotiations will continue to be required on a number of issues, including but not limited to:

a. Rates of pay; and

b. Casual loading; and

c. Exact wording around the issue of permanency; and

d. Quantum of annual leave.

5. Noorton has agreed to provide further information on a confidential basis to the CFMMEU and its delegates to support negotiations.

6. In the event the process of negotiations set out above does not result in the parties reaching agreement, the CFMMEU reserves its right at that stage to continue bargaining for an enterprise agreement to cover Masters and Coxswains. Before any further protected action is taken in support of that agreement, at least one s.240 conference and two other bargaining meetings between the parties must be held specifically in relation to that agreement, subject to Noorton making itself available for such meetings and conference within seven days of any request for same by the CFMMEU.

7. The parties will enter into discussions facilitated by the Fair Work Commission (Commission) under a s.240 application.

8. Noorton will facilitate the release of CFMMEU delegates to participate in the conferences before the Commission pursuant to the new s.240 application without loss of pay.

9. The CFMMEU will withdraw the Notice of protected industrial action dated 8 April 2019.

10. The CFMMEU undertakes that no further industrial action will be taken until after 30 April 2019.

11. Noorton will discontinue the s.418 application with matter number C2019/2328 filed on 9 April 2019.

12. The parties have liberty to apply to have either of the s.240 applications relisted for further conference to deal with any issues arising in the course of the negotiations referred to above.

[5] I will convene conferences under the new s.240 application on Wednesday 17 April 2019, Thursday 18 April 2019 and Friday 26 April 2019.

DEPUTY PRESIDENT

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