1 Fair Work Act 2009 s.739 - Application to deal with a dispute Sydney International Container Terminals Pty. Ltd. T/A SICTL v Maritime Union of Australia, The (C2017/1553) DEPUTY PRESIDENT BOOTH SYDNEY, 23 MARCH 2017 Application for the Commission to deal with a dispute [1] SICTL and the MUA (the parties) reached a Memorandum of Agreement (MOA) in late 2016 to reflect an agreement in relation to a local arrangement concerning grading at the Port Botany Terminal. [2] The parties also agreed to the conversion of casual employees to permanent employees at the Port Botany Terminal. [3] The MOA provided for the implementation of the local arrangement by 27 February 2017. [4] The MUA agreed to extend the date of implementation to 27 March 2017. [5] On 22 March 2017 SICTL made an application to the Fair Work Commission (the Commission) pursuant to section 739 of the Fair Work Act 2009 for the Commission to deal with a dispute in accordance with the dispute resolution procedure in the Sydney International Container Terminals Pty Ltd (SITL) and Brisbane Container Terminals Pty Ltd (BCT) and Maritime Union of Australia (MUA) Enterprise Agreement 2015. [6] The parties attended a conference in the Commission today in an attempt to resolve the dispute. [7] Having heard from the parties in conference, I recommend the following: Employee upgrades in accordance with section 5f. of the MOA be implemented from Monday 27 March 2017. The conversion of casual employees to permanent employees be extended to Monday 24 April 2017 to allow SICTL to evaluate and select one of the following options: o 89 casual employees are converted to permanent employees on an 8 week roster; or [2017] FWC 1684 RECOMMENDATION [2017] FWC 1684 2 o All current casual employees are converted to permanent employees on a 30 hour week Phase 1 basis; or o 96 casual employees are converted to permanent employees on an agreed 26 hour week fixed roster (to be agreed within a fortnight) with the balance of current casual employees converted to permanent employees on a 26 hour week Phase 1 basis. If SICTL has not chosen one of the above options by Friday 21 April 2017, then the option “96 casual employees are converted to permanent employees on an agreed 26 hour week fixed roster (to be agreed within a fortnight) with the balance of current casual employees converted to permanent employees on a 26 hour week Phase 1 basis” is to be implemented. The Selection Panel will convene within the next fortnight to prepare for the implementation of the casual to permanent conversion. [8] The parties may request a further conference at short notice if the dispute is not resolved. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A, PR591277>