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Clarifying Dockworker Payments: Insights from a Recent Federal Court Ruling

On May 15, 2024, a Federal Court provided crucial clarifications on payment obligations under specific employment agreements at Hutchison Ports, which was a matter of dispute between the company and the Maritime Union of Australia (MUA). The dispute centered on whether dockworkers were entitled to pay for days they did not work due to a strike in June 2021, given the provisions of their 2015 employment agreement.

Clarifying Dockworker Payments: Insights from a Recent Federal Court Ruling
Clarifying Dockworker Payments: Insights from a Recent Federal Court Ruling

The agreement seemingly assured stevedores a minimum weekly payment for 30 hours once they met an annual work threshold—1560 hours for Brisbane operations and 1501 hours for Sydney. The MUA argued this setup meant any additional hours were voluntary. The company, however, cited the Fair Work Act, which specifies that payments should not be made for periods of industrial action.


Justice Darryl Rangiah evaluated the nuances of the agreement, particularly focusing on its roster rules. Roster Rule 1 asserts that employees must fulfill a preset number of hours annually and stay available for shifts per the roster agreements. Roster Rule 4 adds that after fulfilling the annual hours, employees should receive pay for 30 hours each week, including any overtime for extra shifts worked.


The interpretation, according to Justice Rangiah, needed context, suggesting that the union's view—that workers could decide whether to work after meeting the annual hours—was likely incorrect. Such a view would compromise the necessary operational flexibility and assured availability of workers for shifts later in the year.


Justice Rangiah decided that to earn the guaranteed 30 hours' pay, workers needed to perform assigned tasks or at least be ready and willing to work, even after surpassing the specified annual hours. This decision highlights the need for employment agreements to reflect practical and operational realities, ensuring fairness and clarity in worker compensation and employer expectations.


This judgment, detailed in Construction, Forestry and Maritime Employees Union v Sydney International Container Terminals Pty Ltd [2024] FCA 490 (15 May 2024), is part of ongoing efforts to interpret and apply employment law accurately in varying scenarios, balancing employer needs and worker rights effectively.

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