Construction, Forestry, Maritime, Mining and Energy Union v Gladstone Ports Corporation Limited T/A Gladstone Ports Corporation
[2022] FWC 2713
•10 OCTOBER 2022
| [2022] FWC 2713 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.739—Dispute resolution
Construction, Forestry, Maritime, Mining and Energy Union
v
Gladstone Ports Corporation Limited T/A Gladstone Ports Corporation
(C2022/728)
| DEPUTY PRESIDENT ASBURY | BRISBANE, 10 OCTOBER 2022 |
Alleged dispute about any matters arising under the enterprise agreement and the NES; [s186(6)]
This Decision concerns an application by the Construction, Forestry, Maritime, Mining and Energy Union (the MEU / the Applicant) under s. 739 of the Fair Work Act 2009 (FW Act) seeking that the Fair Work Commission (the Commission) deal with a dispute under the dispute resolution procedure in the Gladstone Ports Corporation Enterprise Agreement (the 2020 Agreement). The Respondent is the Gladstone Ports Corporation Limited T/A Gladstone Ports Corporation (Respondent).
The agreed question for determination and my answer to that question are as follows:
Question
“What is the “normal rate of pay” applicable to Day Work (F-Troop) employees when taking paid annual leave or paid personal leave whilst undertaking the working arrangement detailed in clause F7 of Schedule B of the Gladstone Ports Corporation Enterprise Agreement 2020?”
Note: The parties agree that the reference to “normal rate of pay” in the Question will require the Commission to determine the quantum of each of the three alternative rates of pay detailed in clause 1.9.12 of the Gladstone Ports corporation Enterprise Agreement 2020.”
Answer
The “normal rate of pay” applicable to Day Work (F-Troop) employees when taking paid annual leave or paid personal leave whilst undertaking the working arrangement detailed in clause F7 of Schedule B of the Agreement is the Aggregated Salary of $2,254.76 per week.
Reasons for this Decision will issue separately.
DEPUTY PRESIDENT
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