Staff at the company’s Tullamarine site wouldn't have been covered by planned employment agreement, and therefore couldn't take part in strike
The Fair Work Commission has confirmed planned industrial action at Yusen Logistics Tullamarine facility in Melbourne would have been unprotected.
National Union of Workers members at the company’s other Victorian sites in Dandenong and Dandenong South did undertake the 24-hour stop work on April 30. This was in support of ongoing bargaining over a new enterprise agreement.
But the Fair Work Commission (FWC) has now confirmed that the Tullamarine workers were not eligible to join the strike, because the site is not included in the agreement’s planned coverage.
The union had requested the third site be included in the negotiations, but the company rejected this from the outset of the enterprise negotiation.
“There was no evidence before me that the matter of Yusen employees employed at the Tullamarine site being covered by the proposed enterprise agreement was raised at any subsequent meetings between the NUW and Yusen on the proposed enterprise agreement,” FWC senior deputy president Jennifer Acton notes in a summary of the decision.
“Accordingly, the industrial action by employees of Yusen employed at the Tullamarine site which was specified in the notice given to Yusen on 24 April 2015 would not be employee claim action and, therefore, would not be protected industrial action.”
The company had hoped the FWC would declare any further industrial action off limits for 60 days, but Acton instead opted for a 30-day window. She says this was closer in line with the minimum time required for Yusen’s Tullamarine workers to fulfil the requirements for protected industrial action.