ORDER

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

Construction, Forestry, Maritime, Mining and Energy Union
v
Patrick Stevedores Holdings Pty Ltd T/A Patrick Terminals
(B2020/367)

Proposed protected action ballot of employees of Patrick Stevedores Holdings Pty Ltd T/A Patrick Terminals.

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

1. PROTECTED ACTION BALLOT TO BE HELD

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) is to hold a protected action ballot of employees of Patrick Stevedores Holdings Pty Ltd T/A Patrick Terminals (Patricks Terminals) described in clause 3 of this order.

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

In accordance with s.437(5) of the FW Act, the employees to be balloted are those who will be covered by the proposed enterprise agreement known as the Patrick Terminals Enterprise Agreement 2020, and are represented by, or are members of, the CFMMEU.

4. DATE BY WHICH BALLOT CLOSES

The date by which voting in the protected action ballot is to close is six weeks from the date of this order.

5. QUESTIONS

The questions 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 with Patrick Terminals, authorise protected industrial action, separately, concurrently and/or consecutively in the form of:

1. An unlimited number of stoppages of work of 1-hour duration which may be organised or arranged in consecutive periods?

Yes [ ] No [ ]

2. An unlimited number of stoppages of work of 4 hours duration which may be organised or arranged in consecutive periods?

Yes [ ] No [ ]

3. An unlimited number of stoppages of work of 8 hours duration which may be organised or arranged in consecutive periods?

Yes [ ] No [ ]

4. An unlimited number of stoppages of work of 12 hours duration which may be organised or arranged in consecutive periods?

Yes [ ] No [ ]

5. An unlimited number of stoppages of work of 24 hours duration which may be organised or arranged in consecutive periods?

Yes [ ] No [ ]

6. An unlimited number of stoppages of work of 48 hours duration which may be organised or arranged in consecutive periods?

Yes [ ] No [ ]

7. An unlimited number of bans on the working of overtime for an indefinite period?

Yes [ ] No [ ]

8. An unlimited number of bans on the working of shift extensions for an indefinite period?

Yes [ ] No [ ]

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

Yes [ ] No [ ]

10. 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 [ ]

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

Yes [ ] No [ ]

12. An unlimited number of bans on attending for work on days an employee is rostered as “off/avail” for an indefinite period?

Yes [ ] No [ ]

13. An unlimited number of bans on attending for work when an employee is called in after being placed on the standby list for an indefinite period?

Yes [ ] No [ ]

14. An unlimited number of bans on attending for work after being called in when not allocated for an indefinite period?

Yes [ ] No [ ]

15. An unlimited number of bans on the performance of work on Project SABRE in Port Botany for an indefinite period?

Yes [ ] No [ ]

16. An unlimited number of bans on the performance of work on the vessel Swan River Bridge for an indefinite period?

Yes [ ] No [ ]

17. An unlimited number of bans on the performance of work on the vessel Margaret River Bridge for an indefinite period?

Yes [ ] No [ ]

18. An unlimited number of bans on the performance of work on the vessel MSC Rochelle for an indefinite period?

Yes [ ] No [ ]

19. An unlimited number of bans on the performance of work on the vessel Maersk Semakau for an indefinite period?

Yes [ ] No [ ]

20. An unlimited number of bans on the performance of work on the vessel MOL Gateway for an indefinite period?

Yes [ ] No [ ]

21. An unlimited number of bans on the performance of work on the vessel OOCL Houston for an indefinite period?

Yes [ ] No [ ]

22. An unlimited number of bans on the performance of work on the vessel CSAV Toconao for an indefinite period?

Yes [ ] No [ ]

23. An unlimited number of bans on the performance of work on vessel MSC Roma for an indefinite period?

Yes [ ] No [ ]

6. NOTICE OF INDUSTRIAL ACTION

Being satisfied in relation to the proposed industrial action that is the subject of this protected action ballot that there are exceptional circumstances justifying the period of written notice referred to in s.414(2)(a) of the FW Act being longer than three (3) days, pursuant to s.443(5), the FWC specifies that a five (5) working day period of written notice be given of all industrial action the subject of this protected industrial action ballot.

DEPUTY PRESIDENT

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