Fair Work Act 2009

s.739 - Application to deal with a dispute

Construction, Forestry and Maritime Employees Union

Alleged dispute about matters arising under the DP World Melbourne Enterprise Agreement 2024 - obligation to fill vacancies in normal circumstances; dispute determined

• [1] On 29 August 2025 I issued a Decision[1] in this matter, determining the dispute.

• [2] Attached to the decision was a draft Order, giving effect to my determination. Parties were invited to comment on the draft Order.

• [3] On 3 September 2025 DP World Melbourne Ltd (DP World) said:

"The Respondent's only comment on the draft Order is in relation to the timing for compliance with the Order. In this regard, the Respondent requests that the proposed 7 day period for advertising the Fixed Salary Employee positions be amended to 14 days in circumstances where it is considering its options in relation to an appeal."

• [4] On 4 September 2025 the Construction Forestry Maritime Employees' Union (Maritime Union of Australia Division) (MUA) advised it opposed the request to amend the draft Order and said:

"In our respectful submission, the Respondent has failed to provide any persuasive reason for amending the Order. It is not, we say, sufficient in these circumstances to merely point to the consideration of an appeal. "

• [5] There is merit in the MUA's submission. I have found that the DP World Melbourne Enterprise Agreement 2024 obliged DP World to fill vacancies caused by the departure of several employees within a reasonable time by advertising them. DP World's right to consider it appeal options does not provide it with a basis to delay its compliance with this obligation.

• [6] In note that neither party has taken issue with the form of the Order.

[1] PR788794

[2] PR791406

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