Sydney International Container Terminals Pty Limited; Brisbane Container Terminals Pty Limited

[2015] FWCA 7937

[2015] FWCA 7937

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Sydney International Container Terminals Pty Limited; Brisbane Container Terminals Pty Limited
(AG2015/6701)

SYDNEY INTERNATIONAL CONTAINER TERMINALS PTY LIMITED (SICTL) BRISBANE CONTAINER TERMINALS PTY LIMITED (BCT) MARITIME UNION OF AUSTRALIA TERMINALS GREENFIELDS ENTERPRISE AGREEMENT 2013

Stevedoring industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 18 NOVEMBER 2015

Application for termination of the Sydney International Container Terminals Pty Limited (SICTL) Brisbane Container Terminals Pty Limited (BCT) Maritime Union of Australia Terminals Greenfields Enterprise Agreement 2013.

[1] On 16 November 2015 Sydney International Container Terminals Pty Limited and Brisbane Container Terminals Pty Limited T/A Hutchison Ports Australia (HPA), made an application to terminate the Sydney International Container Terminals Pty Limited (SICTL) Brisbane Container Terminals Pty Limited (BCT) Maritime Union of Australia Terminals Greenfields Enterprise Agreement 2013 (the current Agreement) pursuant to s.222 of the Fair Work Act 2009 (the Act). The current Agreement has a nominal expiry date of 29 February 2016.

[2] This application for termination arises from a s. 739 dispute lodged by the Maritime Union of Australia (MUA) against HPA on 4 August 2015. The Parties have participated in many conferences before me to resolve the s. 739 dispute. As part of the resolution of the dispute, the parties agreed to ask employees to terminate the current Agreement, and to make a new Agreement. On 16 November 2015 the employees voted by 147 to 1 in favour of terminating the current Agreement and to make a new Agreement. During a conference before me on 17 November 2015, the MUA advised that they supported the termination of the current Agreement pursuant to s. 223(d) of the Act.

[3] On the material before me, I am satisfied that each of the requirements of ss. 219 to 223 of the Act as are relevant to this application for termination have been met. Accordingly, the Agreement is terminated.

[4] Pursuant to s 224 of the Act, the termination will come into effect on 25 November 2015.

DEPUTY PRESIDENT

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