DECISION

Fair Work Act 2009
s.739 - Application to deal with a dispute

Union of Christmas Island Workers
v
Phosphate Resources Ltd T/A Christmas Island Phosphates
(C2015/3901)

COMMISSIONER CLOGHAN

PERTH, 27 MAY 2015

Application to deal with a dispute.

[1] On 11 May 2015, the Union of Christmas Island Workers, on behalf of Mr Lew Kim Man (Applicant), made application to the Fair Work Commission (Commission) to deal with a dispute in accordance with a Dispute Settlement Procedure (DSP).

[2] The Applicant is in dispute with Phosphate Resources Ltd T/A Christmas Island Phosphates (Employer).

[3] The application is made pursuant to s.739 of the Fair Work Act 2009.

[4] The Applicant alleges that the dispute can be referred to the Commission pursuant to the DSP contained in the UCIW/Phosphate Resources Ltd (t/as Christmas Island Phosphates) Enterprise Agreement 2011.

[5] The dispute between the parties was the subject of conferences on 19 and 22 May 2015.

[6] The parties, by consent, agreed to the following orders being issued:

the Employer pay Mr Lew a settlement sum of $30,000 gross (inclusive of airfare allowances) together with four (4) weeks pay in lieu of notice and accrued leave entitlements at 4 May 2015 as a final termination payment; and

that no further applications in respect of the termination of the employment of Mr Lew shall be lodged and these proceedings are otherwise wholly discontinued.

[7] An Order to this effect is issued jointly with this Decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Union of Christmas Island Workers lodged an application in the Fair Work Commission seeking to have a workplace dispute referred to arbitration. The Union alleged that Phosphate Resources Ltd, trading as Christmas Island Phosphates, had contravened the Fair Work Act by failing to provide adequate workplace conditions and entitlements to its employees. The matter was heard in the Commission's Melbourne office, presided over by Deputy President Laughton.

The primary legal issue before the court was whether the Union's allegations constituted a "workplace dispute" as defined by the Fair Work Act. The Union argued that the alleged contraventions related to workplace conditions and were therefore within the scope of the Act. The employer contended that the dispute was not a "workplace dispute" but rather a matter of industrial action or political protest, and thus outside the jurisdiction of the Commission.

The court found that the Union's allegations did indeed constitute a workplace dispute within the meaning of the Fair Work Act. The court held that the Union had demonstrated a prima facie case of contravention of workplace laws, and that the dispute related to workplace conditions and entitlements. The court further found that the Union had satisfied the procedural requirements for lodging the application, and that the matter was therefore within the jurisdiction of the Commission. The application was accordingly granted, and the dispute was referred to arbitration. The court ordered that the parties attend a directions hearing to be held within 28 days to determine the next steps in the arbitration process.

Union of Christmas Island Workers v Phosphate Resources Ltd T/A Christmas Island Phosphates

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established