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, 12 FEBRUARY 2016

[1] Patrick Terminals and the Maritime Union of Australia (MUA) have conducted negotiations in an effort to reach agreement on a new Enterprise Agreement from Tuesday 9 to Friday 12 February 2016.

[2] The discussions between the parties have been positive and constructive.

[3] The parties have agreed to meet again, facilitated by the Commission, on Wednesday 17 to Friday 19 February 2016.

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

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

[6] These mutual commitments will 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 and Patrick Terminals were engaged in negotiations to reach a new Enterprise Agreement from February 9 to 12, 2016. The discussions were facilitated by the Fair Work Commission, aiming to promote cooperative and productive workplace relations and prevent disputes under section 576(2)(aa) of the Fair Work Act 2009. The MUA had agreed to postpone any further industrial action, while Patrick Terminals committed to not initiating further legal proceedings during this period. The Commission sought to create an environment conducive to constructive negotiations.

The legal issues before the Commission were whether the commitments made by the parties would foster an environment suitable for further productive discussions and whether the postponement of industrial action would be beneficial for reaching a resolution. The Commission had to evaluate if these commitments would indeed help in preventing disputes and promoting cooperative workplace relations.

The Fair Work Commission acknowledged the positive and constructive nature of the ongoing negotiations. The Deputy President Booth noted the mutual commitments made by the parties, which were deemed to create an environment conducive to further constructive discussions. The Commission believed these commitments would help in preventing disputes and achieving a cooperative resolution. The Commission's decision facilitated the continuation of negotiations, scheduled for February 17 to 19, 2016, with the hope of reaching a new Enterprise Agreement.

The final orders of the Commission included the agreement for the parties to meet again from February 17 to 19, 2016, to continue negotiations. The MUA was to postpone any further industrial action, and Patrick Terminals was to refrain from initiating any further legal proceedings during this period. The Commission aimed to ensure that these conditions would foster a productive and cooperative environment for reaching a resolution.

The Maritime Union of Australia and Patrick Terminals

STATEMENT

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Background to the litigation

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Legal Principle Established