Construction, Forestry and Maritime Employees Union
[2023] FWC 3445
•22 DECEMBER 2023
| [2023] FWC 3445 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.160—Application to vary a modern award to remove ambiguity or uncertainty or correct error
Construction, Forestry and Maritime Employees Union
(AM2023/26)
PORTS, HARBOURS AND ENCLOSED WATER VESSELS AWARD 2020
[MA000052]
| Port authorities | |
| JUSTICE HATCHER, PRESIDENT | SYDNEY, 22 DECEMBER 2023 |
Application to vary clause A.3 in the Ports, Harbour and Enclosed Water Vessels Award 2020 relating to penalty rates for casual employees.
In my statement[1] of 6 December 2023 (the Statement), I expressed the provisional view that clauses A.3.1 and A.3.2 of the Ports, Harbours and Enclosed Water Vessels Award 2020 (the Award) should be varied in the terms set out in Appendix A of that Statement because the discrepant pay rates constituted an error for the purpose of s 160. Interested parties were invited to respond to my provisional view by 20 December 2023.
No submissions were received. Accordingly, I confirm my provisional view at paragraph [10] of the Statement. I consider the variation necessary pursuant to s 160 of the Fair Work Act 2009 (Cth) to remove the identified error.
A determination varying clauses A.3.1 and A.3.2 of the Award will be issued with this decision. The determination will operate from 8 January 2024.
PRESIDENT
[1] [2023] FWC 3273
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