Poags Pty Ltd v The Maritime Union of Australia

[2011] FWA 1846

[2011] FWA 1846

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.418 - Application for an order that industrial action by employees or employers stop etc.

POAGS Pty Ltd
v
The Maritime Union of Australia
(C2010/5514)

COMMISSIONER CLOGHAN PERTH, 25 MARCH 2011

Application to stop/prevent industrial action by employees of POAGS Pty Ltd engaged at Fremantle Port.

[1] On 13 November 2010, POAGS Pty Ltd (“the Applicant”) made an application to stop alleged unprotected industrial action pursuant to s.418 of the Fair Work Act 2009 (“the Act”).

[2] The order was sought against:

• The Maritime Union of Australia (MUA);



• Officials, delegates, employees and agents of the MUA; and



• Employees of POAGS Pty Ltd who are eligible to be members of the MUA, who are taking industrial action and whose employment is regulated by the P&O Automotive and General Stevedoring Pty Ltd & Maritime Union of Australia Union Collective Agreement (Fremantle) 2008.

[3] Put shortly, the alleged industrial action relates to what has been described as the “hatchman campaign”, or the provision of a dedicated hatchman on every shift.

[4] Following a hearing on 14 November 2010, I issued an Interim Order on the same day that the industrial action stop, not occur and not be organised until the matter is finally determined.

[5] Since 14 November 2010, there have been seven (7) hearings before the Tribunal into the application and also a number of conferences between the parties.

[6] Notwithstanding formal proceedings of the parties, representatives of the Employer, the MUA and respective Counsel have separately continued a process of diagnosing, evaluating and generating options to satisfactorily resolve the dispute.

[7] On 25 March 2011, and by mutual consent, the parties provided the Tribunal with a draft Final Order and what is described as the Fremantle Hatchman Dispute Resolution Process March 2011 1.

[8] Having received submissions of the parties, and by consent, I am satisfied that, pursuant to s.418 of the Act, a Final Order should issue in the terms agreed.

[9] The Tribunal appreciates the assistance of all those involved in resolving this dispute, especially Mrs Hartley and Mr Cook for the Employer and Mr Edmonds and Mr Evans for the MUA.

[10] These are the reasons for the Final Order (PR507860) issued on today’s date.

COMMISSIONER

Appearances:

Mrs E Hartley of Freehills for POAGS Pty Ltd.

Mr Edmonds of WG McNally Jones Staff for the Maritime Union of Australia.

Hearing details:

2011

Perth:

25 March

 1   Exhibit C1

Printed by authority of the Commonwealth Government Printer

<Price code A, PR507864>