Published: 8 Sep 2011
Please see below orders from Fair Work Australia in the matter for Sydney Ferries.
Fair Work Act 2009
s.418 - Application for an order that industrial action by employees or employers stop etc.
Sydney Ferries v Maritime Union of Australia, The
(C2011/709)
SYDNEY FERRIES MARITIME (AMOU AND MUA) AGREEMENT
2009
(ODN ) [AC322974]
Maritime industry
SENIOR DEPUTY PRESIDENT HAMBERGER
SYDNEY, 8 SEPTEMBER 2011
Unprotected industrial action.
1. TITLE
1.1 This Order shall be known as the Sydney Ferries Industrial Action Order 2011 (the
Order).
2. APPLICATION
2.1 This Order is binding on:
(a) The Maritime Union of Australia (MUA) and its officers, employees, agents and delegates; and
(b) Employees to whom the Sydney Ferries Maritime (AMOU and MUA) Agreement
2009 applies and who are members of the MUA (Employees).
2.2 For the purposes of this Order:
Applicant means Sydney Ferries Corporation. Employees mean Employees of the Applicant.
3. INDUSTRIAL ACTION
For a period of 48 hours on or from 2.00pm , Thursday, 8 September 2011:.
3.1 The MUA, its officers, employees, agents and delegates must:
(a) stop and not commence, engage in, or threaten to engage in any industrial action;
(b) immediately stop organising any industrial action involving Sydney Ferries
Corporation or employees of the Applicant;
3.2 Employees must:
(a) stop and not commence, engage in, or threaten to engage in any industrial action;
4. DEFINITION OF INDUSTRIAL ACTION
4.1 For the purposes of this Order "industrial action" means:
(a) the performance of work by an employee in a manner different from that in which it is customarily performed, or the adoption of a practice in relation to work by an employee, the result of which is a restriction or limitation on, or a delay in the performance of the work;
(b) a ban, limitation or restriction on the performance of work by an employee or on the acceptance of or offering for work by an employee; and
(c) a failure or refusal by employees to attend for work or a failure or refusal to perform any work by employees who attend for work;
but does not include:
(i) protected industrial action within the meaning of s 408 of the Fair Work Act 2009;
(ii) action by employees that is authorised or agreed to by or on behalf of the Applicant;
or
(iii) action by an employee if:
(1) the action was based on a reasonable concern by the employee about an imminent risk to his or her health or safety; and
(2) the employee did not unreasonably fail to comply with a direction of their employer to perform other available work, whether at the same or another workplace, that was safe and appropriate for the employee to perform.
5. SERVICE OF THIS ORDER
5.1 It will be sufficient service of this Order upon the parties bound by this Order if a copy is sent by facsimile transmission or email to each of the:
(a) National Secretary of the MUA; and
(b) Branch Secretary of the MUA.
2
AC322974 PR514377
5.2 The MUA must prepare a written notice which must be signed by an authorised official of that organisation in the following terms (Written Notice):
"Fair Work Australia has issued a section 418 order that industrial action stop, not occurr, and not be organised. The order is called the Sydney Ferries Industrial Action Order 2011. The order requires that the MUA and its members not organise or engage in any industrial action at or in connection with Sydney Ferries for a period of 48 hours on or from 2.00pm, Thursday, 8 September 2011.
The order applies to:
a) the MUA and its officials, delegates, employees and agents; and
b) employees to whom the Sydney Ferries Maritime (AMOU and MUA) Agreement 2009 applies and who are members of the MUA (Employees)"
5.4 By 2.00pm on Thursday, 8 September 2011, the MUA must post this Order and the
Written Notice in a prominent position on its website.
6. TERM AND DATE OF EFFECT
6.1 This Order shall come into effect at 2:00pm on 8 September 2011.
