Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Port Waratah Coal Services Ltd v Maritime Union of Australia [2004] FCA 1369 INDUSTRIAL LAW – Interpretation of enterprise bargaining agreement – Application of superannuation payments provision to employees working 12.5 hour rostered shifts. PORT WARATAH COAL SERVICES LTD v MARITIME UNION OF AUSTRALIA NSD 851 of 2004 WILCOX J 27 OCTOBER 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 851 of 2004
BETWEEN: PORT WARATAH COAL SERVICES LTD
APPLICANT
AND: MARITIME UNION OF AUSTRALIA
RESPONDENT JUDGE: WILCOX J
DATE OF ORDER: 27 OCTOBER 2004
WHERE MADE: SYDNEY
THE COURT DECLARES THAT: 1. The figure to be used for calculation of superannuation contributions applicable to a Permanent/Fixed Contract Employee of the applicant, whose terms and conditions of employment are governed by the Port Waratah Coal Services Ltd Certified Agreement 2002 ('the certified agreement'), is to be calculated on the basis of the weekly wage rate pursuant to cl 15 of the certified agreement, and does not incorporate shift allowances and regular overtime. 2. In respect of employees whose terms and conditions of employment are governed by the certified agreement, the definition of 'Base Salary' in the Stevedoring Employees Retirement Fund Trust Deed is to be interpreted by reference to the weekly wage rate pursuant to cl 15 of the certified agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 851 of 2004
BETWEEN: PORT WARATAH COAL SERVICES LTD
APPLICANT
AND: MARITIME UNION OF AUSTRALIA
RESPONDENT
JUDGE: WILCOX J
DATE: 27 OCTOBER 2004
PLACE: SYDNEY
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