PR720873

The attached document replaces the document previously issued with the above code on 9 July 2020.

The title of the Order should state Sydney International Container Terminals Pty Ltd T/A Hutchison Ports Australia Pty Limited and Brisbane Container Terminals Pty Ltd T/A Hutchison Ports Australia Pty Limited.

Associate to Deputy President Asbury

Dated 10 July 2020.

Fair Work Act 2009
s.437 - Application for a protected action ballot order

The Maritime Union of Australia Division, Construction, Forestry, Maritime, Mining and Energy Union
v
Sydney International Container Terminals Pty Ltd T/A Hutchison Ports Australia Pty Limited and Brisbane Container Terminals Pty Ltd T/A Hutchison Ports Australia Pty Limited
(B2020/355)

Proposed protected action ballot of employees of Sydney International Container Terminals Pty Ltd and Brisbane Container Terminals Pty Ltd t/as Hutchison Ports Australia Pty Ltd.

Pursuant to s.443 of the Fair Work Act 2009 (the Act) the Fair Work Commission orders that:

1. PROTECTED ACTION BALLOT TO BE HELD

The Maritime Union of Australia Division, Construction, Forestry, Maritime, Mining and Energy Union is to hold a protected action ballot of employees of Sydney International Container Terminals Pty Ltd t/as Hutchison Ports Australia Pty Ltd (the first Respondent) and Brisbane Container Terminals Pty Ltd t/as Hutchison Ports Australia Pty Ltd (the second Respondent).

2. NAME OF PERSON AUTHORISED TO CONDUCT THE BALLOT

The ballot is to be conducted by the Australian Electoral Commission.

3. GROUP OR GROUPS OF EMPLOYEES TO BE BALLOTED

a. All employees who are members of the Applicant employed by the First Respondent at its Sydney container terminal operations who are currently covered by the Sydney International Container Terminals Pty Limited (SICTL) and Brisbane Container Terminals Pty Limited (BCT) and Maritime Union of Australia (MUA) Enterprise Agreement 2015.

b. All employees who are members of the Applicant employed by the Second Respondent at its Brisbane container terminal operations who are currently covered by the Sydney International Container Terminals Pty Limited (SICTL) and Brisbane Container Terminals Pty Limited (BCT) and Maritime Union of Australia (MUA) Enterprise Agreement 2015.

4. DATE BY WHICH BALLOT CLOSES

The date by which voting in the protected action ballot is to close is no later than 30 working days from the date of this order.

5. QUESTIONS

The question(s) to be put to voters in the ballot are:

Do you, for the purpose of advancing claims in the negotiation of an Enterprise Agreement to govern the terms and conditions of your employment, authorise protected industrial action in the form of:

1. An unlimited number of bans on the performance of upgrades and/or work in higher Levels for an indefinite period.

Yes/No

2. An unlimited number of bans on the performance of work on vessels that have been sub-contracted to or outsourced to Hutchison by another stevedoring company for an indefinite period.

Yes/No

3. An unlimited number of bans on the performance of work on any nominated vessel/s or shipping line/s for an indefinite period.

Yes/No

4. An unlimited number of bans on operating straddle cranes / shuttles or driving straddle cranes / shuttles in excess of 10 kilometres per hour for an indefinite period.

Yes/No

5. An unlimited number of bans on the operation of a Quay crane beyond the safest minimum speed as determined by the driver for an indefinite period.

Yes/No

6. An unlimited number of bans on performance of shift extensions for an indefinite period. 

Yes/No

7. An unlimited number of bans on performance of overtime for an indefinite period.  

Yes/No

8. An unlimited number of bans on performance of call-ins or late calls for an indefinite period.  

Yes/No

9. An unlimited number of bans on performance of working continuous cranes or work through crane gangs for an indefinite period.

Yes/No

10. An unlimited number of bans on performance of working advanced or delayed start times for an indefinite period.

Yes/No

11. An unlimited number of one-hour stoppages of work held continuously or otherwise.

Yes/No

12. An unlimited number of two-hour stoppages of work held consecutively or otherwise.

Yes/No

13. An unlimited number of four-hour stoppages of work held consecutively or otherwise.

Yes/No

14. An unlimited number of eight-hour stoppages of work held consecutively or otherwise.

Yes/No

15. An unlimited number of twenty-four-hour stoppages of work held consecutively or otherwise.

Yes/No

16. Maintenance employees to use non-dominant hand when using tools when it is safe to do so for an indefinite period.

Yes/No

17. A ban on straddle cranes / shuttles performing any twin lifting operations for an indefinite period.

Yes/No

18. All discharge and back loading movements of containers will only be carried out in order of sequence of load plan for an indefinite period.

Yes/No

19. The wearing of union merchandise, logo’s, trademarks, badges or stickers for an indefinite period.

Yes/No

6. WRITTEN NOTICE

For the purpose of s.414(2)(b) of the Act the period of written notice required to be given by

the MUA prior to any industrial action occurring shall be five (5) working days (as defined

under s.12 of the Act).

DEPUTY PRESIDENT

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