Transport Workers' Union of Australia v Port Waratah Coal Services Limited

[2022] FWC 2774

[2022] FWC 2774

FAIR WORK COMMISSION

RECOMMENDATION

Fair Work Act 2009

s.739—Dispute resolution

Transport Workers’ Union of Australia

v

Port Waratah Coal Services Limited

(C2021/3359)

and

Construction, Forestry, Maritime, Mining and Energy Union
v

Port Waratah Coal Services Limited

(C2021/3432)

COMMISSIONER CAMBRIDGE SYDNEY, 17 OCTOBER 2022

Alleged dispute about any matters arising under the enterprise agreement and the NES;[s186(6)].

1. The Fair Work Commission (the Commission) notes that the parties have agreed in relation to the resolution of the disputes raised by the Transport Workers’ Union of Australia and Construction, Forestry, Maritime, Mining and Energy Union (together the Disputes) under the Port Waratah Coal Services Limited Enterprise Agreement 2018 (2018 Agreement) as follows:

(a)the resolution set out below in sub-paragraphs (a) and (b) is to apply exclusively to employees working on the 7 Day Continuous Roster;

(b)in relation to clause 24 of the 2018 Agreement, Port Waratah Coal Services Limited (Port Waratah) cannot make a deduction from the long service leave balance of an employee in respect of a public holiday on which the employee is rostered to work and which falls on a day the employee is taking long service leave;

(c)in relation to clause 23 of the 2018 Agreement, Port Waratah cannot deduct more than seven (7) days in each 12 month period (commencing from 24 August 2018) from the accrued annual leave balance of an employee in respect of public holidays on which the employee is rostered to work and which fall on a day the employee is taking annual leave.

1. The Commission notes that the parties have agreed in relation to the proposed enterprise agreement which is currently the subject of bargaining between the parties (as bargaining representatives), that the proposed agreement will contain provisions to the effect that:

(a)Port Waratah will not make a deduction from the long service leave balance of an employee working on the 7 Day Continuous Roster in respect of a public holiday on which the employee is rostered to work and which falls on a day the employee is taking long service leave; and

(b)Port Waratah will not deduct more than eight (8) days in each 12 month period (commencing from the date on which the new agreement commences operating) from the accrued annual leave balance of an employee working on the 7 Day Continuous Roster in respect of public holidays on which the employee is rostered to work and which fall on a day the employee is taking annual leave.

1. The Commission endorses the resolution of the Disputes reached by agreement between the parties, on the basis set out in this document.

COMMISSIONER

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