Svitzer Australia Pty Ltd v Australian Maritime Officers' Union, The

[2017] FWC 5455

[2017] FWC 5455

FAIR WORK COMMISSION

RECOMMENDATION

Fair Work Act 2009
s.739—Dispute resolution

Svitzer Australia Pty Ltd
v
Australian Maritime Officers’ Union, The; Australian Institute of Marine and Power Engineers, The; Maritime Union of Australia, The - Sydney Branch
(C2017/2326)

DEPUTY PRESIDENT BOOTH SYDNEY, 20 OCTOBER 2017

Alleged dispute about any matters arising under the enterprise agreement and the NES;[s186(6)]: Svitzer Australia Pty Limited National Towage Enterprise Agreement 2016 Clause 34.3.2 and 41.4

[1] The parties have met in conciliation today, and identified three options to address the dispute:

1. Postpone “captivity” until a Non-Exclusive License is issued for Port Botany.

2. Regard conciliation as exhausted and proceed to arbitration.

3. Continue conciliation and seek to negotiate an outcome in the course of conciliation that allows “captivity” to be introduced before a “Non-Exclusive License” is issued for Port Botany.

[2] Having heard the parties I recommend that the parties adopt option 3.

[3] The parties will advise their views by close of business Tuesday 24 October 2017.

DEPUTY PRESIDENT

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