Patrick Stevedores Holdings Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union

[2020] FWC 5671

[2020] FWC 5671

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.424—Industrial action

Patrick Stevedores Holdings Pty Ltd
v
Construction, Forestry, Maritime, Mining and Energy Union
(B2020/579)

DEPUTY PRESIDENT BULL SYDNEY, 26 OCTOBER 2020

Application for an order to suspend or terminate protected industrial action pursuant to s.424; ss.424(3) and (4) – Interim order where matter unable to be determined within 5 days issued – Production for documents order issued – Application withdrawn and orders rescinded.

Background

[1] On 28 September 2020, Patrick Stevedores Holdings Pty Ltd (the applicant/Patrick) made an application pursuant to s.424 of the Fair Work Act 2009 (the Act), to have the Fair Work Commission (the Commission) make an order terminating the right of its employees to continue to take protected industrial action in pursuit of claims made in negotiating a new enterprise agreement (the dispute).

[2] The Construction, Forestry, Maritime, Mining and Energy Union (the CFMMEU), a bargaining representative for the applicant’s employees to be covered by the proposed new agreement, were named as the respondent to the application.

[3] The application was made on the ground that the protected industrial action being engaged in was causing significant damage to the Australian economy or an important part of it.

[4] On 2 October 2020, an interim order suspending the protected industrial action was issued by the Commission [2020] FWC 5212 and [PR723224].The order was issued pursuant to s.424(3) of the Act, which requires that an application to terminate protected industrial action is, as far as practical, to be dealt with within 5 days after it has been made. Where this is not possible, the Commission must make an order to suspend the protected industrial action and the order must remain in place until the matter is determined.

[5] A further conciliation conference before the Commission took place on 16 October 2020 and the matter was otherwise listed to be heard on 26 and 27 October 2020.

[6] On 22 October 2020, an order for production of documents directed to the CFMMEU was issued by the Commission [2020] FWC 5642 on the application of Patrick.

[7] On 24 October 2020, Patrick filed a notice of discontinuance of their s.424 application.

[8] The parties have advised the Commission that the discontinuance notice has been filed on the basis that the CFMMEU provides an undertaking to the Commission (which it has given), that it will not organise or notify any industrial action against the applicant before 1 December 2020, and that the Commission will revoke its interim order of 2 October 2020 as well as the order for production of documents dated 22 October 2020.

[9] The undertaking of the CFMMEU is noted by the Commission and the orders issued by the Commission on 2 and 22 October 2020 will, as requested and by consent of the parties, be rescinded with immediate effect.

[10] A copy of the revocation orders [PR723818] will issue with this Decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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