STAFF REPORTER

The Maritime Union of Australia and a national labour-hire company are being prosecuted after a married Perth couple failed to get jobs under an alleged ‘no-ticket, no-start’ policy.

Prosecution documents lodged by the Fair Work Ombudsman in the Federal Court allege Offshore Marine Services Pty Ltd implemented a practice where membership of the MUA was needed for employment with OMS.

The Ombudsman alleges this led to OMS telling a married Perth couple in 2009 that to secure employment with the company they would have to become MUA members.

It is also alleged that the MUA, with knowledge of OMS’ alleged employment practice, refused the couple’s subsequent applications for union membership.

This ensured the jobs the two had applied for were instead given to existing MUA members. The couple never obtained work with OMS.

The Ombudsman alleges the conduct of OMS and the MUA breached freedom of association provisions of Federal workplace laws.

Under these provisions, it is unlawful for an employer to refuse to hire a worker based on whether the person is a union member.

A directions hearing was held in the Federal Court in Perth yesterday. The next hearing date has not yet been set.

Fair Work Ombudsman spokeswoman Karsten Lehn says emails and memos sent by OMS and the MUA would be presented in court as evidence of an alleged ‘no-ticket, no-start’ policy.

“We are seeking penalties in this case only in relation to alleged conduct relating to two workers but are concerned more widespread breaches of workplace relations laws may have occurred,” Mr Lehn said.

OMS and the MUA face maximum potential penalties of $33,000 each.