Construction, Forestry, Maritime, Mining and Energy Union v Gladstone Ports Corporation Limited T/A Gladstone Ports Corporation Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission was asked to determine the "normal rate of pay" for Day Work (F-Troop) employees at Gladstone Ports Corporation when they take paid annual leave or paid personal leave while working under the arrangement detailed in clause F7 of Schedule B of the Gladstone Ports Corporation Enterprise Agreement 2020. This application was brought by the Construction, Forestry, Maritime, Mining and Energy Union (MEU) under section 739 of the Fair Work Act 2009. The matter was heard in Brisbane, with Deputy President Asbury presiding. The dispute arose from the interpretation of the enterprise agreement, specifically clause 1.9.12, which sets out three alternative rates of pay. The parties agreed that the determination of the "normal rate of pay" would require the Commission to decide the quantum of each of these three rates.

The legal issue before the Court was to clarify the "normal rate of pay" applicable to Day Work (F-Troop) employees when taking paid annual leave or paid personal leave during the working arrangement specified in clause F7 of Schedule B of the Agreement. This involved interpreting clause 1.9.12 of the Agreement, which outlines the different rates of pay. The Court was required to decide which of the three alternative rates of pay was applicable under the circumstances described. The matter hinged on the correct interpretation of the enterprise agreement and the application of the relevant clause to the specific working arrangement.

After considering the arguments and the relevant provisions of the enterprise agreement, the Deputy President concluded that the "normal rate of pay" for Day Work (F-Troop) employees when taking paid annual leave or paid personal leave while working under the arrangement detailed in clause F7 of Schedule B of the Agreement is the Aggregated Salary of $2,254.76 per week. The reasoning for this decision will be detailed in a separate reasons document. The Deputy President found that this rate was the appropriate interpretation of the agreement based on the circumstances presented.

The final orders of the Court were that 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 is the Aggregated Salary of $2,254.76 per week. This decision provided clarity on the interpretation of the enterprise agreement and resolved the dispute between the parties.

Construction, Forestry, Maritime, Mining and Energy Union v Gladstone Ports Corporation Limited T/A Gladstone Ports Corporation

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established