100214397

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES THE AUSTRALIAN MARITIME OFFICERS UNION - WESTERN AREA UNION OF EMPLOYEES

APPLICANT

 -v-

 PORT HEDLAND PORT AUTHORITY

RESPONDENT

CORAM SENIOR COMMISSIONER A R BEECH

DATE WEDNESDAY, 26 FEBRUARY 2003

FILE NO APPLICATION 1558 OF 2002

CITATION NO. 2003 WAIRC 07799

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Result Award varied.

Representation

Applicant Mr B. George

Respondent No appearance

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Order

HAVING HEARD Mr B. George on behalf of the applicant and there being no appearance on behalf of the respondent, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, and by consent, hereby orders -

 THAT the Port Hedland Port Authority Port Control Officers Award 1982 be varied in accordance with the following schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after 26 February 2003.

SENIOR COMMISSIONER A R BEECH

SCHEDULE

Clause 23. - Avoidance of Disputes Procedure:  Delete this clause and insert in lieu thereof the following:

CLAUSE 23. - AVOIDANCE OF DISPUTES PROCEDURE

It is the intention of the parties to endeavour to provide a mechanism by which any or all grievances/disputes shall be promptly resolved by conciliation:

(1) Any grievance of a Port Control Officer shall be submitted to the Harbour Master through the Marine Supervisor as soon as practical.

(2) The Harbour Master and the Port Control Officer shall discuss the matter in full.

(3) In the event of there being no settlement of the grievance at this level, the matter shall be referred to the General Manager or their representative.

(4) If the matter remains unresolved, the Authority and a representative of The Australian Maritime Officers Union - Western Area Union of Employees shall confer in an endeavour to reach a satisfactory settlement.

(5) Once all the above procedures have been complied with and there is still no resolution, either party may refer the matter to the State Industrial Relations Commission.

(6) Without prejudice to either party, it is the intention of all parties that work shall continue, pending determination of any grievance or dispute, in accordance with the above procedures except where changed work practices, which are the subject of disputation, directly threaten the personal safety of employees.

(7) Provided that nothing contained above shall prevent either party referring the matter to the State Industrial Relations Commission at any time.

(8) In the event of a pending industrial dispute, the Harbour Master shall be provided with details of such industrial action by an official of the Australian Maritime Officers Union Western Area Union of Employees.  All endeavours shall be made to resolve the dispute prior to the commencement of such industrial action.

(9) It is agreed that during periods of industrial disputation, exemptions shall include the following vessels:

 (a) any vessel in an emergency circumstance;

 (b) naval vessels.