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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Noorton Pty Ltd T/A Manly Fast Ferry (Noorton) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) appeared before the Fair Work Commission to resolve a bargaining dispute. The matter arose from longstanding enterprise bargaining negotiations between the parties, which had previously been the subject of legal proceedings. Noorton filed an application under section 418 of the Fair Work Act 2009, which was listed for hearing. The parties reached an agreement during private conference before the Deputy President, which included the discontinuance of certain applications, the commencement of negotiations for a new proposed enterprise agreement, and the release of union delegates to participate in conferences before the Commission.

The legal issues before the court included the terms of the new proposed enterprise agreement, the resolution of ongoing negotiations, and the facilitation of further bargaining meetings. The court was required to determine the appropriate process for negotiations, the timeline for reaching an agreement, and the conditions under which further industrial action could be taken. The Deputy President had to balance the rights and obligations of both parties, ensuring that the process was fair and that any potential industrial action was appropriately managed.

In reaching the decision, the Deputy President considered the agreement reached by the parties during the private conference. The agreement included the discontinuance of certain applications, the commencement of negotiations for a new enterprise agreement, and specific provisions for further bargaining meetings and industrial action. The Deputy President accepted the terms of the agreement and scheduled conferences under the new section 418 application. The court emphasised the importance of continued negotiations and the need for both parties to make reasonable efforts to reach an agreement.

The final orders of the court included the discontinuance of certain applications, the commencement of negotiations for a new enterprise agreement, and the scheduling of conferences under the new section 418 application. The court also noted that the CFMMEU reserved the right to continue bargaining for an enterprise agreement to cover Masters and Coxswains if the negotiations did not result in an agreement. The Deputy President emphasised the importance of both parties making reasonable efforts to reach an agreement and the need for further bargaining meetings and conferences to facilitate this process.

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

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established