STATEMENT

Fair Work Act 2009
s.266 - Industrial action related workplace determination

Commonwealth of Australia represented by the Department of Immigration and Border Protection
(B2016/1232)

Statement - interim application not granted - reasons to be detailed in decision regarding the workplace determination.

[1] The following Statement was made on transcript on 19 December 2017.

[2] With regard to the Australian Institute of Marine and Power Engineers’ application for an interim wage increase of 2 per cent pending finalisation of a workplace determination for the Department of Immigration and Border Protection, we thank the parties for their detailed written and oral submissions.

[3] We have had regard to those submissions, but in view of the Home Affairs Non-SES Moving Employees Determination 2017 (the Home Affairs Determination), we consider that granting an interim increase would effectively be a leap into the unknown given that there is no material presently before the Commission regarding the terms and conditions of employment of those employees who will be covered by the Determination. We have therefore decided not to grant the application.

[4] Our reasons for not granting the application will be detailed in our decision regarding the workplace determination.

[5] Finally, in view of the Home Affairs Determination we propose that Deputy President Kovacic convene a conference of the parties in early 2018 to explore in further detail the implications of the establishment of the Department of Home Affairs for the future progress of this matter.

VICE PRESIDENT

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