STATEMENT

Fair Work Act 2009
s.576(2)(aa) - Promoting cooperative and productive workplace relations and preventing disputes

The Maritime Union of Australia and Patrick Terminals
(NA2015/6)

DEPUTY PRESIDENT BOOTH

SYDNEY, 19 FEBRUARY 2016

[1] Patrick Terminals and the Maritime Union of Australia (MUA) have continued to conduct negotiations in an effort to reach agreement on a new Enterprise Agreement from Wednesday 17 to Friday 19 February 2016.

[2] The discussions between the parties have continued to be positive and constructive.

[3] The parties have agreed to meet again on Wednesday 24 to Friday 26 February 2016.

[4] The MUA has agreed to postpone any consideration of further industrial action pending progress on negotiations.

[5] Patrick Terminals has agreed that no further legal proceedings will be commenced during this period.

[6] These mutual commitments will continue to provide the environment where further constructive discussions can take place.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Maritime Union of Australia (MUA) and Patrick Terminals (the company) appeared before the Fair Work Commission in a case involving ongoing negotiations for a new Enterprise Agreement. The Commission was called upon to ensure that the negotiations were conducted in a cooperative and productive manner to prevent workplace disputes, as per the Fair Work Act 2009. The Deputy President noted the constructive nature of the discussions held from 17 to 19 February 2016, and the mutual commitments made by both parties to postpone any further industrial action and legal proceedings, respectively, to foster an environment conducive to further negotiations.

The primary legal issue before the court was whether the negotiations were being conducted in a manner that promoted cooperative and productive workplace relations, and if the actions of the parties were in line with the provisions of the Fair Work Act 2009. The court also needed to determine if the mutual commitments made by the parties were sufficient to ensure the continuation of constructive discussions, thereby preventing any escalation of industrial disputes.

In its reasoning, the court highlighted the positive and constructive nature of the negotiations between the parties, as well as the mutual commitments made by both the MUA and Patrick Terminals. The court acknowledged that these commitments were essential in providing an environment that would allow for further constructive discussions to take place. The Deputy President observed that the continued commitment of the parties to negotiate in good faith was a significant factor in preventing any escalation of industrial disputes. The court determined that the actions of both parties were in line with the requirements of the Fair Work Act 2009, and that the mutual commitments made would ensure the continuation of constructive negotiations.

The court ordered that the negotiations between the Maritime Union of Australia and Patrick Terminals should continue, with the next round of discussions scheduled for 24 to 26 February 2016. The court further directed that the MUA would postpone any consideration of further industrial action, and Patrick Terminals would refrain from commencing any further legal proceedings, during this period. The court's decision provided a framework for the parties to continue their constructive negotiations and work towards reaching an agreement on a new Enterprise Agreement.

The Maritime Union of Australia and Patrick Terminals

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established