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

[2015] FWC 3594

[2015] FWC 3594

FAIR WORK COMMISSION

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

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